Md. Code, Alcoholic Beverages and Cannabis § 12-1704 — MD Code / Article gab / Title 12 / Subtitle 17 / Section 12-1704
§12–1704.
Status: in_force

(a) Except as provided in subsection (b) of this section, the fee for a transfer of a license is $200, in addition to the costs of publication and notice and any hearing fees required.

(b) A Class C license holder may transfer one license during a license year without paying a fee.
Md. Code, Corporations and Associations § 12-1001 — MD Code / Article gca / Title 12 / Subtitle 10 / Section 12-1001
§12–1001.
Status: in_force

(a) In this subtitle, “other entity” means:

(1) A Maryland corporation incorporated under Title 2 of this article;

(2) A foreign corporation, as defined in § 1–101 of this article;

(3) A domestic limited liability company, as defined in § 4A–101 of this article;

(4) A foreign limited liability company, as defined in § 4A–101 of this article;

(5) A partnership, as defined in § 9A–101(i) of this article;

(6) A limited partnership, as defined in § 10–101 of this article, including a limited partnership registered as a limited liability limited partnership under § 10–805 of this article;

(7) A foreign limited partnership as defined in § 10–101 of this article;

(8) A business trust, as defined in § 1–101 of this article, excluding a statutory trust; or

(9) Another form of unincorporated business formed under the laws of this State or the laws of the United States, another state of the United States, a territory, possession, or district of the United States, or a foreign country.

(b) Except as provided in its governing instrument, a statutory trust may convert to an other entity by:

(1) Approving the conversion in accordance with § 12–1002 of this subtitle; and

(2) Filing for record with the Department articles of conversion executed in the manner required by Title 1 of this article.

(c) An other entity may convert to a statutory trust by complying with § 12–1002 of this subtitle and filing for record with the Department:

(1) Articles of conversion executed in the manner required by Title 1 of this article; and

(2) A certificate of trust, which shall include the name of the converting other entity, executed in the manner required by § 12–204 of this title and otherwise complying with this title.
Md. Code, Corporations and Associations § 12-303 — MD Code / Article gca / Title 12 / Subtitle 3 / Section 12-303
§12–303.
Status: in_force

(a) Except as provided in the governing instrument of a statutory trust, a beneficial owner shall have an undivided beneficial interest in the property of the statutory trust and shall share in the profits and losses of the statutory trust in the proportion of the entire undivided beneficial interest in the statutory trust owned by the beneficial owner.

(b) (1) Except as provided in the governing instrument of a statutory trust, a beneficial owner has no interest in specific property of the statutory trust.

(2) A creditor of the beneficial owner has no right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the statutory trust.

(c) A beneficial interest in a statutory trust is personal property notwithstanding the nature of the property of the trust.

(d) Except as provided in the governing instrument of a statutory trust, a beneficial interest in the statutory trust is freely transferable.

(e) Except as provided in the governing instrument of a statutory trust, at the time a beneficial owner becomes entitled to receive a distribution, the beneficial owner has the status of, and is entitled to all remedies available to, a creditor of the statutory trust with respect to the distribution.

(f) A governing instrument may provide for the establishment of record dates with respect to allocations and distributions by a statutory trust or for any other purpose.

(g) Except as provided in the governing instrument of a statutory trust or by agreement, a beneficial owner shall have no preemptive right to acquire any beneficial interest or other interest in the statutory trust.
Md. Code, Labor and Employment § 12-501 — MD Code / Article gle / Title 12 / Subtitle 5 / Section 12-501
§12–501.
Status: in_force

(a) An employer may not be held liable for:

(1) an employee’s decision to participate in or opt out of the Program;

(2) the investment decisions of employees whose assets are deposited in the Program;

(3) the administration, investment, or investment performance of the Trust or the Program; or

(4) the Program design or the benefits paid to Program participants.

(b) An employer is not a fiduciary, and may not be considered to be a fiduciary, of the Trust or the Program.
Md. Code, State Government § 12-103.3 — MD Code / Article gsg / Title 12 / Subtitle 1 / Section 12-103.3
§12–103.
Status: in_force

§12–103.3.

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

(2) “Detention center function” includes:

(i) operating and administering a detention center; and

(ii) supervising personnel who perform a function described in item (i) of this paragraph.

(3) “Law enforcement function” includes:

(i) conducting patrol;

(ii) making stops and arrests;

(iii) investigating criminal offenses; and

(iv) supervising personnel who perform a function described in items (i) through (iii) of this paragraph.

(4) “Tort claim” means a tort claim filed in State court against a sheriff, a deputy sheriff, or the State claiming tortious conduct by a sheriff or a deputy sheriff arising out of activities related to the performance of a law enforcement function or a detention center function.

(b) (1) A tort claim shall be considered defended, settled, and paid in the same manner as any other claim filed against a county.

(2) (i) The State is the proper defendant in a tort claim.

(ii) The county may not be named as a defendant in a tort claim.

(c) Liability for a tort claim may not exceed the State’s waiver of immunity under § 12–104 of this subtitle.

(d) (1) The State Treasurer is not liable under § 9–107 of the State Finance and Procurement Article for a tort claim.

(2) The duties, responsibilities, and liabilities of the State under this subtitle for a tort claim shall be assumed by the applicable county.
Md. Code, Housing and Community Development § 12-303 — MD Code / Article ghs / Title 12 / Subtitle 3 / Section 12-303
§12–303.
Status: in_force

(a) A commissioner of an authority may not be an employee of the authority.

(b) (1) If an authority is governed by articles of organization, only one commissioner of the authority may be an employee of the political subdivision.

(2) Otherwise, a commissioner of an authority may not be an employee of the political subdivision.

(c) A commissioner of an authority may not be an elected official of the political subdivision.

(d) This subtitle does not bar a tenant of a housing project or of property included or planned to be included in a housing project from being a commissioner of an authority.
Md. Code, Commercial Law § 12-506.2 — MD Code / Article gcl / Title 12 / Subtitle 5 / Section 12-506.2
§12–506.
Status: in_force

§12–506.2.

Changes in the rate applicable to an open end account, including a credit card plan which provides for sales, cash advances, or both, are limited as follows:

(1) Any balance existing before July 1, 1982 is to be repaid at the then applicable rate of interest or finance charge regardless of any subsequent increase in the rate applicable to the account.

(2) If the rate applicable to any balance for which the borrower or buyer becomes obligated on or after July 1, 1982 is increased, the borrower or buyer may repay the existing balance at the rate in effect prior to the time the increase becomes effective. If the borrower or buyer increases the balance of his account by making purchases or requesting cash advances, the increased rate shall apply only to the portion of the balance incurred after the rate increases.
Md. Code, Health Occupations § 12-301 — MD Code / Article gho / Title 12 / Subtitle 3 / Section 12-301
§12–301.
Status: in_force

(a) Except as otherwise provided in this title, an individual shall be licensed by the Board before the individual may practice pharmacy in this State.

(b) This section does not apply to a pharmacy student participating in an experiential learning program of a college or school of pharmacy under the supervision of a licensed pharmacist.

(c) This section does not apply to a registered pharmacy intern practicing under the direct supervision of a licensed pharmacist.
Md. Code, Financial Institutions § 12-418 — MD Code / Article gfi / Title 12 / Subtitle 4 / Section 12-418
§12–418.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, a licensee shall have at all times permissible investments having an aggregate market value, calculated in accordance with generally accepted accounting principles, of not less than the aggregate face amount of all outstanding money transmissions conducted by the licensee in the United States.

(2) The requirement imposed under paragraph (1) of this subsection may be waived by the Commissioner if the dollar volume of a licensee’s outstanding money transmissions does not exceed the surety device filed in accordance with § 12–412 of this subtitle.

(b) (1) Except as provided in paragraph (2) of this subsection, a licensee shall require each authorized delegate, within 48 hours after the next regular business day after the authorized delegate receives the proceeds from a money transmission, to remit the proceeds to the licensee or the licensee’s authorized representative, or deposit the proceeds in the licensee’s account with a financial institution.

(2) A licensee shall require each authorized delegate who sells prepaid access, within 5 business days after the next regular business day after the authorized delegate receives the proceeds from the sale of prepaid access, to:

(i) Remit the proceeds to the licensee or the licensee’s authorized representative; or

(ii) Deposit the proceeds in the licensee’s account with a financial institution.

(c) Deposit by the authorized delegate in an account with a financial institution of funds in advance of money transmissions, but in an amount not less than the amount that the authorized delegate would normally receive from money transmissions, constitutes compliance with this section.
Md. Code, Estates and Trusts § 12-103 — MD Code / Article get / Title 12 / Subtitle 1 / Section 12-103
§12–103.
Status: in_force

Except as otherwise provided in this title:

(1) The administration on or after July 1, 1974 of estates of persons who died before July 1, 1974, shall be governed by those statutes in effect before July 1, 1974; and

(2) The administration on or after January 1, 1970 of estates of persons who died before January 1, 1970, shall be governed by those statutes in effect before January 1, 1970.
Md. Code, Housing and Community Development § 12-605 — MD Code / Article ghs / Title 12 / Subtitle 6 / Section 12-605
§12–605.
Status: in_force

(a) This subtitle is an independent authorization for an authority to:

(1) develop or administer projects to make safe and sanitary housing available for military personnel as provided in this Division II; and

(2) cooperate with, or act as agent for, the federal government in the development or administration of similar projects by the federal government.

(b) Except for laws relating to land acquisition, an authority acting under this subtitle is not subject to any limitation, restriction, or requirement of any other law that sets forth the procedure or action to develop or administer public works.

(c) To develop speedily or administer projects for safe and sanitary housing for military personnel, an authority may do all that is necessary or desirable to:

(1) work with or act as agent for the federal government;

(2) get financial aid; and

(3) carry out the purposes of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 12-803 — MD Code / Article gab / Title 12 / Subtitle 8 / Section 12-803
§12–803.
Status: in_force

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

(b) The license authorizes the license holder to sell beer and light wine to a member of a club and a guest of the member, at retail, at the place described in the license, for on–premises consumption.

(c) The annual license fee is $128.
Md. Code, Commercial Law § 12-617 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-617
§12–617.
Status: in_force

(a) (1) If a payment is made on account of an agreement, the person receiving the payment shall give the buyer on his request, or, if payment is made in cash, without request, a complete written receipt for the payment.

(2) If the buyer specifies that the payment is made on one of several obligations, the receipt shall so indicate. However, this provision does not affect the allocation of payments under an add-on contract pursuant to § 12-618 of this subtitle.

(b) (1) Unless a written notice of actual or intended assignment of an agreement is given to the buyer, he may pay or tender any amount due under the agreement or give any notice required by the agreement or this subtitle to the last known holder of the agreement.

(2) A payment, tender, or notice so given is binding on any subsequent holder or assignee as fully as if made to him.
Md. Code, Business Regulation § 12-103 — MD Code / Article gbr / Title 12 / Subtitle 1 / Section 12-103
§12–103.
Status: in_force

The Secretary may adopt and enforce regulations to carry out this title.
Md. Code, Business Occupations and Professions § 12-402 — MD Code / Article gbo / Title 12 / Subtitle 4 / Section 12-402
§12–402.
Status: in_force

(a) A master plumber, holder of a limited master plumber license, or other person who engages in the business of providing plumbing services under this subtitle may employ an individual who is not a master plumber or holder of a limited master plumber license to provide or assist in providing plumbing services if the individual:

(1) is licensed:

(i) as an apprentice plumber, to assist in providing plumbing services; or

(ii) as a journey plumber or holder of a limited journey plumber license, to provide plumbing services; and

(2) provides or assists in providing the services only within the scope of the license.

(b) This section does not apply to an individual performing work that is only incidental to the licensee providing or assisting in providing plumbing services.
Md. Code, Financial Institutions § 12-1014 — MD Code / Article gfi / Title 12 / Subtitle 10 / Section 12-1014
§12–1014.
Status: in_force

(a) A registrant that establishes a dedicated account in accordance with § 12–1010(d) of this subtitle shall file a surety bond with the Commissioner at the time the dedicated account is established.

(b) (1) The bond shall run to the Commissioner, as obligee, for the benefit of:

(i) The State; and

(ii) Any consumer who is injured by a violation of this subtitle committed by a registrant.

(2) The bond shall be:

(i) In the amount of $50,000;

(ii) Issued by a surety company that:

1. Is authorized to do business in the State; and

2. Holds a certificate of authority issued by the Maryland Insurance Commissioner; and

(iii) Conditioned that the registrant shall comply with all State and federal laws and regulations governing the business of providing debt settlement services.

(3) The liability of the surety:

(i) Shall be continuous;

(ii) May not be aggregated or cumulative, whether or not the bond is renewed, continued, replaced, or modified;

(iii) May not be determined by adding together the penal sum of the bond, or any part of the penal sum of the bond, in existence at any two or more points in time;

(iv) Shall be considered to be one continuous obligation, regardless of increases or decreases in the penal sum of the bond;

(v) May not be affected by:

1. The insolvency or bankruptcy of the registrant;

2. Any misrepresentation, breach of warranty, failure to pay a premium, or any other act or omission of the registrant or an agent of the registrant; or

3. The suspension of the registrant’s registration;

(vi) May not require an administrative enforcement action by the Commissioner as a prerequisite to liability; and

(vii) Shall continue for 3 years after the later of the date on which:

1. The bond is canceled; or

2. The registrant, for any reason, ceases to be registered.

(4) (i) A bond may be canceled by the surety or the registrant by giving notice of cancellation to the Commissioner.

(ii) Notice under subparagraph (i) of this paragraph shall:

1. Be in writing; and

2. Be sent by certified mail, return receipt requested.

(iii) A cancellation of a bond under this paragraph is not effective until 90 days after receipt of a notice of cancellation by the Commissioner.

(5) A claim against the bond may be filed with the surety by:

(i) A claimant; or

(ii) The Commissioner for the benefit of a claimant or the State.

(6) If the amount of claims against a bond exceeds the amount of the bond, the surety:

(i) Shall pay the amount of the bond to the Commissioner for pro rata distribution to claimants; and

(ii) Is relieved of liability under the bond.

(7) If the penal amount of a bond is reduced by payment of a claim or judgment, the registrant shall file a new or additional bond with the Commissioner.

(8) A penalty imposed against a registrant under § 2–115(b) of this article or § 13–410 of the Commercial Law Article may be collected and paid from the proceeds of a bond required under this section.
Md. Code, Health Occupations § 12-413 — MD Code / Article gho / Title 12 / Subtitle 4 / Section 12-413
§12–413.
Status: in_force

(a) During business hours, the Secretary, the Board, or the agents of either may enter any permit holder’s pharmacy and inspect for compliance with federal and State laws and regulations:

(1) Any drugs or devices, dentifrices, domestic remedies, and toilet articles that are in the pharmacy;

(2) Any records or publications that are required to be kept by a pharmacy under this title; and

(3) The facility.

(b) At the direction of the Secretary, the Board, the Chief of the Office of Controlled Substances Administration, or their agents may enter a permit holder’s pharmacy at any time and investigate with law enforcement officers pursuant to a valid warrant.

(c) A person may not hinder an inspection or an investigation conducted under this section.
Md. Code, Public Safety § 12-907 — MD Code / Article gps / Title 12 / Subtitle 9 / Section 12-907
§12–907.
Status: in_force

(a) (1) The following entities may request the Commissioner to issue special inspector commissions:

(i) an authorized insurer that insures boilers and pressure vessels in the State; or

(ii) an authorized inspection agency.

(2) On request of an entity described in paragraph (1) of this subsection, the Commissioner may issue a special inspector commission to an individual employed by the entity to serve as a special inspector if the entity and the individual satisfy the requirements of this section.

(b) (1) An applicant for a special inspector commission shall be employed by the entity that requests the special inspector commission.

(2) An applicant for a special inspector commission shall:

(i) hold a commission as an inspector of boilers and pressure vessels issued by the National Board of Boiler and Pressure Vessel Inspectors; or

(ii) pass the examination given by the Board under subsection (e) of this section.

(c) (1) The employer of an applicant for a special inspector commission shall:

(i) submit to the Commissioner an application on the form that the Commissioner requires; and

(ii) pay to the Commissioner a fee of $50.

(2) The application shall include:

(i) the name and qualifications of the individual who will serve as a special inspector; and

(ii) evidence that the individual satisfies the requirements of subsection (b) of this section.

(d) By regulation, the Commissioner shall establish insurance requirements that an authorized inspection agency must satisfy before a special inspector commission may be issued to an inspector employed by the authorized inspection agency.

(e) (1) The Board may give examinations to applicants for special inspector commissions as provided in this subsection.

(2) The examination:

(i) shall be in writing;

(ii) shall be limited to questions the answers to which will help to determine the fitness and competency of the individual for the intended service; and

(iii) may consist of questions prepared by the National Board of Boiler and Pressure Vessel Inspectors.

(3) (i) An applicant who fails the examination may appeal to the Board for a reexamination.

(ii) The reexamination shall be given by the Board within 90 days.

(4) The record of an applicant’s examination shall be available to the applicant and the applicant’s employer.

(5) The fee for an examination or reexamination is $50.

(f) The Commissioner shall issue a special inspector commission to each applicant who meets the requirements of this subtitle.

(g) An inspection by a special inspector of a boiler or pressure vessel insured or pressure vessel operated by the employer of the special inspector, or an inspection by a special inspector employed by an authorized inspection agency, exempts the owner or user of the boiler or pressure vessel from the payment to the State of inspection fees required by this subtitle for the boiler or pressure vessel.

(h) A special inspector may not receive a salary from or have any expenses paid by the State.

(i) (1) A special inspector commission expires 2 years after its effective date.

(2) Before a special inspector commission expires, the employer of the special inspector may renew the commission if the employer:

(i) pays to the Commissioner a renewal fee of $50; and

(ii) submits evidence to the Commissioner that the special inspector:

1. meets the standards imposed by this subtitle;

2. remains in the employment of the employer; and

3. has been trained on current boiler and pressure vessel technology in accordance with regulations adopted under this subtitle.

(j) Within 30 days after the termination of the employment of a special inspector, the employer shall return the special inspector commission to the Chief Boiler Inspector.

(k) (1) If an identification card of a special inspector is lost or destroyed, the Commissioner shall issue a new identification card in its place without another examination.

(2) The fee for replacement of an identification card is $50.

(l) (1) After investigation and recommendation by the Board, the Commissioner may suspend the special inspector commission for:

(i) incompetence of the special inspector;

(ii) untrustworthiness of the special inspector;

(iii) willful falsification of any matter or statement contained in the application for the special inspector commission; or

(iv) willful falsification of any matter or statement contained in a report of an inspection made by the special inspector.

(2) Within 10 days after suspending a special inspector commission, the Commissioner shall give written notice of the suspension to the special inspector and the employer of the special inspector.

(3) (i) An individual whose special inspector commission has been suspended may appeal to the Board.

(ii) At the hearing on the appeal, the individual may be present and represented by counsel.

(4) An individual whose special inspector commission has been suspended may apply for reinstatement of the commission after 90 days following the date of the suspension.

(m) (1) If the Board has reason to believe that a special inspector is no longer qualified to hold a commission, the Board shall hold a hearing.

(2) The Board shall give at least 10 days’ written notice of the hearing to the special inspector and to the employer of the special inspector.

(3) At the hearing, the special inspector and the employer shall have an opportunity to be heard.

(4) If after the hearing the Board finds that the special inspector is no longer qualified to hold a commission:

(i) the Board shall recommend to the Commissioner that the special inspector commission be revoked; and

(ii) the Commissioner shall revoke the special inspector commission immediately.
Md. Code, Health Occupations § 12-509 — MD Code / Article gho / Title 12 / Subtitle 5 / Section 12-509
§12–509.
Status: in_force

(a) In addition to the authority granted to a pharmacist under § 12–508 of this subtitle, a pharmacist, in accordance with regulations adopted by the Board, may administer:

(1) A self–administered drug to a patient that is prescribed by an authorized prescriber; and

(2) Subject to subsection (b) of this section, a maintenance injectable medication or an injectable medication for treatment of a sexually transmitted infection that is not a biological product to a patient:

(i) That is prescribed by an authorized prescriber;

(ii) In accordance with a standing order issued by an authorized public health official; or

(iii) In accordance with a protocol under Subtitle 6A of this title.

(b) A pharmacist may not administer an initial dose of a maintenance injectable medication product or an injectable medication for treatment of a sexually transmitted infection under subsection (a)(2) of this section unless the pharmacist receives written approval from the prescriber.

(c) (1) On or before September 1, 2021, the Board, in consultation with the State Board of Physicians and the State Board of Nursing, shall adopt regulations establishing standard procedures:

(i) For notifying a patient about payment for services before the pharmacist administers a maintenance injectable medication or an injectable medication for treatment of a sexually transmitted infection;

(ii) That a pharmacist must use to administer:

1. A maintenance injectable medication after an initial dose is administered by the prescriber; or

2. An injectable medication for treatment of a sexually transmitted infection;

(iii) That a pharmacist must use to administer an initial dose of a maintenance injectable medication or an injectable medication for treatment of a sexually transmitted infection if the administration of the initial dose is authorized under subsection (b) of this section; and

(iv) For communicating to the prescriber whether a medication was administered to a specific patient and relevant information about the patient’s condition.

(2) The regulations shall require a pharmacist to:

(i) Except as provided in paragraph (3) of this subsection, complete a training program approved by the Board for:

1. Administering maintenance injectable medications and injectable medications for treatment of a sexually transmitted infection; and

2. Managing the populations the pharmacist serves, the medications being administered, and the current guidelines relating to these populations and medications;

(ii) Follow the standard procedures established by the Board; and

(iii) After administering a maintenance injectable medication or an injectable medication for treatment of a sexually transmitted infection:

1. Notify the prescriber that the maintenance injectable medication or injectable medication for treatment of a sexually transmitted infection was administered and of any relevant details about the patient’s condition;

2. Provide the patient with a written record of the maintenance injectable medication or injectable medication for treatment of a sexually transmitted infection administered;

3. Record in any electronic or written health record on the patient maintained by the pharmacist:

A. The administering of the maintenance injectable medication or injectable medication for treatment of a sexually transmitted infection; and

B. Any pertinent details about the patient’s condition; and

4. Notify the patient of the need to attend any upcoming appointments the patient has scheduled with the prescriber.

(3) The regulations shall waive the requirement to complete a training program for a pharmacist who already has undergone the training as part of the pharmacist’s formal educational program.
Md. Code, State Government § 12-201 — MD Code / Article gsg / Title 12 / Subtitle 2 / Section 12-201
§12–201.
Status: in_force

(a) Except as otherwise expressly provided by a law of the State, the State, its officers, and its units may not raise the defense of sovereign immunity in a contract action, in a court of the State, based on a written contract that an official or employee executed for the State or 1 of its units while the official or employee was acting within the scope of the authority of the official or employee.

(b) In an action under this subtitle, the State and its officers and units shall have the immunity from liability described under § 5–522(d) of the Courts Article.
Md. Code, Public Utilities § 12-101 — MD Code / Article gpu / Title 12 / Subtitle 1 / Section 12-101
§12–101.
Status: in_force

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

(b) “Authority” means the Maryland Underground Facilities Damage Prevention Authority.

(c) “Business day” means a calendar day other than a Saturday, Sunday, or legal holiday.

(d) “Clear evidence” means a visible indication that an underground facility or structure is not marked as required in § 12–126 of this subtitle.

(e) “Contract locator” means a person contracted by an owner specifically to determine the approximate horizontal location of the owner’s underground facilities as specified in the ticket issued by the one–call system.

(f) “Cross–bore” means an intersection of an existing underground facility by a second underground facility resulting in contact between the two facilities that results in the original facility being damaged, dislocated, or disturbed.

(g) “Damage” means any excavation activity that results in the need to repair an underground facility due to a weakening or the partial or complete destruction of the facility, including the protective coating, lateral support, cathodic protection, or housing for the underground facility.

(h) “Demolition” means an operation in which a structure or mass of material is wrecked, razed, rended, moved, or removed using any tool, equipment, or explosive.

(i) “Designer” means a licensed architect, professional engineer, professional land surveyor, or licensed landscape architect, as those terms are defined in the Business Occupations and Professions Article, who prepares a drawing for a project that may require excavation or demolition.

(j) “Detectable underground facility” means an underground facility that utilizes a location device that is installed underground, such as an electronic marker or a traceable wire that may be detected above ground with an electronic locating device.

(k) “Emergency” means a sudden or unexpected occurrence involving a clear and imminent danger demanding immediate action to prevent or mitigate loss of, or injury to, life, health, property, or an essential public service.

(l) (1) “Excavation” means an operation in which earth, rock, or other material in or on the ground is moved, removed, or otherwise displaced by using any tool, equipment, or explosive.

(2) “Excavation” includes grading, trenching, digging, ditching, dredging, drilling, boring, augering, tunnelling, scraping, cable or pipe plowing, pipe bursting, and driving a mass of material.

(m) “Excavator” means a person that performs an excavation or a demolition.

(n) “Extent of work” means a clear and concise description of work to be done at a property, including the property address or specific distance and direction from a specified point, not to exceed 1,320 feet, that completely depicts the scope of work and that the excavator can complete within the designated life of the ticket.

(o) “Fund” means the Maryland Underground Facilities Damage Prevention Education and Outreach Fund.

(p) “Legal holiday” means:

(1) the day on which a legal holiday, as defined in § 1–111 of the General Provisions Article, is observed; or

(2) a federal legal holiday.

(q) “Locatable underground facility” means an underground facility that can be identified or discovered by methods including installation records, facility markers or risers, locator tape, manual location techniques, surface extensions of underground facilities, or any visible indicators that a facility or structure is buried underground in the immediate vicinity.

(r) “Mark” means a line, an arrow, a curve, a whisker, a flag, a stake, or any other symbol, placed or made to identify an underground facility.

(s) “One–call system” means a communications system in the State that:

(1) allows a person to notify owner–members of planned excavation or demolition by:

(i) calling a toll–free number or abbreviated dialing code; or

(ii) initiating an interactive Internet ticket request; and

(2) maintains an underground facilities information exchange system.

(t) (1) “Owner” means a person that:

(i) owns or operates an underground facility; and

(ii) has the right to bury an underground facility.

(2) “Owner” includes:

(i) a public utility;

(ii) a telecommunications corporation;

(iii) a cable television corporation;

(iv) a political subdivision;

(v) a municipal corporation;

(vi) a steam heating company;

(vii) an authority; and

(viii) a unit of the State.

(u) “Owner–member” means an owner that participates as a member in a one–call system.

(v) (1) “Person” has the meaning stated in § 1–101 of this article.

(2) “Person” includes:

(i) a municipal corporation;

(ii) the State;

(iii) a political subdivision of the State; and

(iv) any governmental unit, department, or agency.

(w) “Primary contractor” means the person that:

(1) initiates the notification to the one–call system to establish a ticket;

(2) performs excavation duties for the duration of the ticket; and

(3) is on site to supervise all activities, employees, and any temporary excavator added to the valid ticket as required in § 12–130(b) of this subtitle.

(x) “Temporary excavator” means a person that the primary contractor may identify and add as a subcontracting excavator to an existing ticket under § 12–130(c) of this subtitle.

(y) “Ticket” means a numbered document issued by a one–call system to notify owner–members that:

(1) a person intends to perform an excavation or demolition; or

(2) a designer has requested information on the location of underground facilities under § 12–131 of this subtitle.

(z) (1) “Trenchless technology” means a family of methods, materials, and equipment capable of being used for the installation of new or replacement, or rehabilitation of existing, underground infrastructure that requires excavation with minimal disruption to surface traffic business and other activities.

(2) “Trenchless technology” includes:

(i) tunnelling;

(ii) microtunnelling;

(iii) horizontal directional drilling or directional boring;

(iv) pipe ramming;

(v) pipe jacking;

(vi) moling;

(vii) horizontal auger boring; and

(viii) any other method for the installation of pipelines and cables below ground with minimal excavation.

(aa) “Underground facilities information exchange system” means an automated voice response unit or interactive Internet access system that is maintained as part of a one–call system.

(bb) (1) “Underground facility” means an item that is buried, placed below ground, or submerged for use in connection with the:

(i) storage or conveyance of water, sewage, oil, gas, or other substances; or

(ii) transmission or conveyance of telecommunications, cable television, or electricity.

(2) “Underground facility” includes pipes, sewers, combination storm/sanitary sewer systems, geothermal systems, conduits, cables, valves, lines, wires, manholes, and attachments.

(3) “Underground facility” does not include a storm drain.
Md. Code, Real Property § 12-111 — MD Code / Article grp / Title 12 / Subtitle 1 / Section 12-111
§12–111.
Status: in_force

(a) Civil engineers, land surveyors, real estate appraisers, and their assistants acting on behalf of the State or of any of its instrumentalities or any body politic or corporate having the power of eminent domain after every real and bona fide effort to notify the owner or occupant in writing with respect to the proposed entry may:

(1) Enter on any private land to make surveys, run lines or levels, or obtain information relating to the acquisition or future public use of the property or for any governmental report, undertaking, or improvement;

(2) Set stakes, markers, monuments, or other suitable landmarks or reference points where necessary; and

(3) Enter on any private land and perform any function necessary to appraise the property.

(b) If any civil engineer, surveyor, real estate appraiser, or any of their assistants is refused permission to enter or remain on any private land for the purposes set out in subsection (a) of this section, the person, the State, its instrumentality, or the body politic or corporate on whose behalf the person is acting may apply to a law court of the county where the property, or any part of it, is located for an order directing that the person be permitted to enter on and remain on the land to the extent necessary to carry out the purposes authorized by this section.

(c) If a civil engineer, surveyor, real estate appraiser, or any of their assistants enters on any private land under the authority of this section or any court order passed pursuant to it, and damages or destroys any land or personal property on it, the owner of the property has a cause of action for damages against the civil engineer, surveyor, real estate appraiser, or assistant and against the State, its instrumentality, or the body politic or corporate on whose behalf the person inflicting the damage was acting.

(d) Any landowner or other person who willfully obliterates, damages, or removes any stake, marker, monument, or other landmark set by any civil engineer, surveyor, or real estate appraiser or any of their assistants acting pursuant to this section, except if the stake, marker, monument, or other landmark interferes with the proper use of the property, is guilty of a misdemeanor and on conviction shall be fined not more than $500.

(e) Any person who has knowledge of an order issued pursuant to subsection (b) and who obstructs any civil engineer, surveyor, real estate appraiser, or any of their assistants acting under the authority of the order may be punished as for contempt of court.

(f) In Anne Arundel County, Montgomery County, or Baltimore City, an agent or employee, or one or more assistants of the jurisdiction, after real and bona fide effort to notify the occupant or the owner, if the land is unoccupied or if the occupant is not the owner, may enter on any private land to make test borings and soil tests and obtain information related to such tests for the purpose of determining the possibility of public use of the property. If an agent, employee, or assistant is refused permission to enter or remain on any private land for the purposes set out in this subsection, Anne Arundel County, Montgomery County, or Baltimore City may apply to a law court of the jurisdiction where the property or any part of it is located for an order directing that its agent, employee, or assistant be permitted to enter and remain on the land to the extent necessary to carry out the purposes authorized by this subsection. The court may require that the applying jurisdiction post a bond in an amount sufficient to reimburse any person for damages reasonably estimated to be caused by test borings, soil tests, and related activities. If any person enters on any private land under the authority of this section or of any court order passed pursuant to it and damages or destroys any land or personal property on it, the owner of the property has a cause of action for damages against the jurisdiction that authorized the entrance. Any person who knows of an order issued under this subsection and who obstructs any agent, employee, or assistant acting under the authority of the order may be punished for contempt of court.

(g) (1) The State Highway Administration, the Maryland Transit Administration, and the agents, employees, and consultants of the State Highway Administration and the Maryland Transit Administration may enter upon private property to conduct environmental and engineering studies, including soil boring and excavation, necessary to determine the suitability of the property for use by the administration entering the property. Entry onto private property for these purposes shall not be undertaken without prior consent of the property owner. If, after real and bona fide effort, the consent of the property owner cannot be secured, the administration seeking entry may apply to a law or equity court where the property or any part of it is located for an order directing that entry be permitted. “Bona fide effort” shall include either 30 days advance notice in writing by certified mail return receipt requested to the last known address of the property owner or posting notice on the property not less than 30 days in advance, and such other requirements as the court may deem appropriate. The administration entering the property, when removing, displacing, boring, or excavating soil under the provisions of this section, shall replace the topsoil in a manner which will approach the level of compaction and contour as when removed. An administration entering private property under the authority of this subsection shall reimburse the landowner or lessee who is farming the property for agricultural products destroyed or damaged by the administration’s agents, employees, or consultants and shall be responsible for any other damages that may be incurred as a result of such entry on private property.

(2) When the State Highway Administration, the Maryland Transit Administration, or an agent, an employee, or a consultant of the State Highway Administration or the Maryland Transit Administration gives notice to a property owner or posts notice to property in accordance with paragraph (1) of this subsection, the State Highway Administration or the Maryland Transit Administration shall send a copy of the notice to the General Assembly members who represent the legislative district in which the property is located.
Md. Code, Commercial Law § 12-513 — MD Code / Article gcl / Title 12 / Subtitle 5 / Section 12-513
§12–513.
Status: in_force

(a) Except as provided in subsection (b) of this section, if a holder violates any provision of this subtitle, no holder may collect or receive any finance charge from the buyer.

(b) (1) If the seller or any subsequent holder unintentionally and in good faith fails to comply with any provision of §§ 12-504 through 12-507 of this subtitle, the holder may correct the error within 10 days after:

(i) He notices it; or

(ii) The buyer notifies him in writing of the error.

(2) If the holder corrects the error within the 10-day period, he may not be subject to any penalty under this subtitle.
Md. Code, Insurance § 12-104 — MD Code / Article gin / Title 12 / Subtitle 1 / Section 12-104
§12–104.
Status: in_force

(a) A provision in an insurance contract or surety contract that sets a shorter time to bring an action under or on the insurance contract or surety contract than required by the law of the State when the insurance contract or surety contract is issued or delivered is against State public policy, illegal, and void.

(b) If an insurance contract or surety contract contains a provision that is illegal under this section:

(1) a State court may not give effect to the provision; and

(2) a defense to liability under the insurance contract or surety contract may not be based upon the shorter limitation period.
Md. Code, Financial Institutions § 12-920 — MD Code / Article gfi / Title 12 / Subtitle 9 / Section 12-920
§12–920.
Status: in_force

(a) A licensee may not:

(1) Purchase any debt or obligation of a consumer;

(2) Lend money or provide credit to a consumer;

(3) Obtain a mortgage or other security interest in property owned by a consumer;

(4) Operate as a collection agency, as defined in § 7–101 of the Business Regulation Article;

(5) Structure a debt management services agreement in a manner that would result in a negative amortization of any of the consumer’s debts;

(6) Make any false, misleading, or deceptive representations or omissions of information in connection with the offer, sale, or performance of any service;

(7) Offer, pay, or give a substantial gift, bonus, premium, reward, or other compensation to a person for referring a prospective customer to the licensee;

(8) Offer an incentive, including a gift, bonus, premium, reward, or other compensation, to a consumer for executing a debt management services agreement with the licensee;

(9) Charge for or provide credit insurance;

(10) Compromise any debts of a consumer unless the licensee has obtained the prior written approval of the consumer, and the compromise benefits the consumer;

(11) Enter into a contract or fee–for–service arrangement with a person owned, controlled by, or affiliated with an officer, a director, or an employee of the debt management services provider, or with a relative of an officer, a director, or an employee, that benefits an officer, a director, or an employee of the debt management services provider;

(12) Advertise, display, distribute, broadcast, televise, or otherwise publish debt management service rates, terms, or services in a false, misleading, or deceptive manner;

(13) Pay an incentive to an employee for enrolling a consumer in a debt management services plan or agreement; or

(14) Violate any provision of federal or State law governing debt management services or other related services.

(b) (1) Notwithstanding any other provision of State law, a licensee may not, directly or indirectly, collect any fee for referring, advising, procuring, arranging, or assisting a consumer in obtaining any extension of credit or other consumer service from a lender or service provider if the licensee, or any owner, officer, director, principal, or employee of the licensee, is an owner, partner, director, officer, or employee of the lender or service provider.

(2) This subsection does not prohibit a licensee from referring, advising, procuring, arranging, or assisting a consumer in obtaining any extension of credit or other consumer service from a lender or service provider of which the licensee, or any owner, officer, director, principal, or employee of the licensee, is an owner, partner, director, officer, or employee, if:

(i) The licensee does not directly or indirectly collect any fee; and

(ii) The consumer is provided with a written disclosure of the relationship.
Md. Code, Alcoholic Beverages and Cannabis § 12-203 — MD Code / Article gab / Title 12 / Subtitle 2 / Section 12-203
§12–203.
Status: in_force

The Board shall designate a chair from among the regular members of the Board.
Md. Code, Alcoholic Beverages and Cannabis § 12-2001 — MD Code / Article gab / Title 12 / Subtitle 20 / Section 12-2001
§12–2001.
Status: in_force

(a) (1) Except as otherwise provided by law or regulation, from 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages:

(i) in a premises licensed under this title; or

(ii) in a place, whether it has any other license, if any form of live or recorded entertainment is offered at the place.

(2) An owner, an operator, or a manager of a premises or place described in paragraph (1) of this subsection may not knowingly allow consumption of alcoholic beverages prohibited under paragraph (1) of this subsection.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
Md. Code, Education § 12-101.1 — MD Code / Article ged / Title 12 / Subtitle 1 / Section 12-101.1
§12–101.
Status: in_force

§12–101.1.

The University System of Maryland may not include Morgan State University.
Md. Code, Commercial Law § 12-923.1 — MD Code / Article gcl / Title 12 / Subtitle 9 / Section 12-923.1
§12–923.
Status: in_force

§12–923.1.

(a) Any statement or characterization that indicates the borrower intends to use a plan to obtain loans or other extensions of credit solely to acquire an interest in or to carry on a business or commercial enterprise may be relied upon by a credit grantor in establishing a plan, unless the credit grantor knows or should know that the statement or characterization is false or misleading.

(b) As a condition to the establishment of a plan, a credit grantor may not require a borrower to make any false or misleading statement or characterization that loans or other extensions of credit to be obtained under a plan are commercial loans or for a commercial purpose if the credit grantor knows or should know they are not commercial loans or for a commercial purpose.

(c) The borrower has the burden of proving that a credit grantor knew or should have known that a statement or characterization described in subsection (a) or (b) of this section was false or misleading when made and that loans or other extensions of credit obtained under a plan were not commercial loans or extensions of credit for a commercial purpose.

(d) Unless a credit grantor knew or should have known that a statement or characterization described in subsection (a) or (b) of this section was false or misleading when made, a credit grantor shall have no liability under this subtitle if loans or other extensions of credit under a plan are actually used by the borrower other than as commercial loans or other extensions of credit for a commercial purpose.
Md. Code, Financial Institutions § 12-125 — MD Code / Article gfi / Title 12 / Subtitle 1 / Section 12-125
§12–125.
Status: in_force

A person who knowingly violates this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 3 years or both.
Md. Code, Housing and Community Development § 12-307 — MD Code / Article ghs / Title 12 / Subtitle 3 / Section 12-307
§12–307.
Status: in_force

With the approval of the legislative body, a commissioner of an authority may receive reasonable compensation for the commissioner’s services and is entitled to the necessary expenses, including traveling expenses, incurred in the discharge of the commissioner’s duties.
Md. Code, State Government § 12-307 — MD Code / Article gsg / Title 12 / Subtitle 3 / Section 12-307
§12–307.
Status: in_force

Information that the Attorney General obtains under § 12-304(a)(1)(iii) of this subtitle is confidential and inadmissible as evidence in any legal action or special proceeding. Reference to the information may not be made in any hearing or trial.
Md. Code, Transportation § 12-113 — MD Code / Article gtr / Title 12 / Subtitle 1 / Section 12-113
§12–113.
Status: in_force

(a) (1) Subject to § 12–111 of this subtitle and § 4–320 of the General Provisions Article, the Administrator or any other officer or employee of the Administration designated by the Administrator may furnish on request a copy or a certified copy of any record of the Administration.

(2) The Administration may establish and charge a fee for each record it furnishes or certifies. The revenue from the fee shall not be subject to the distribution provisions of Title 8, Subtitle 4 of this article.

(3) No charge shall be made to a police agency, fire department, or court in this or any other state or a police agency or court of the United States government.

(4) The fee established and charged under this section may exceed the amounts authorized under § 4–206 of the General Provisions Article.

(b) (1) A certified copy of any record of the Administration or comparable agency of any state is admissible in any judicial proceeding in the same manner as the original of the record.

(2) (i) A computer printout of any driving record or vehicle registration record of the Administration that has been obtained by a law enforcement unit, as defined in § 10–101(f) of the Criminal Procedure Article, or court through a computer terminal tied into the Administration is admissible in any judicial proceeding in the same manner as the original of the record.

(ii) The computer printout of the driving record or vehicle registration record shall contain:

1. The date the record was printed; and

2. A jurisdiction code identifying the site where the record was printed.

(3) If a subpoena is issued to the Administrator or any other official or employee of the Administration for the production in any judicial proceeding of the original or a copy of any book, paper, entry, record, proceeding, or other document of the Administration:

(i) The Administrator or other official or employee of the Administration need not appear personally; and

(ii) Submission of a certified copy or photostat of the requested document is full compliance with the subpoena.

(4) On motion and for good cause shown, the court may compel the attendance of an authorized representative of the Administration to answer the subpoena for the production of documents.
Md. Code, Financial Institutions § 12-1008 — MD Code / Article gfi / Title 12 / Subtitle 10 / Section 12-1008
§12–1008.
Status: in_force

(a) To apply for a registration, an applicant shall submit to the Commissioner an application on the form that the Commissioner provides.

(b) The application shall include:

(1) The applicant’s legal name, trade name, if any, main office address, telephone number, electronic mail address, if any, and website address, if any;

(2) The name, address, and telephone number of the applicant’s designated contact for receipt of complaints;

(3) The name, address, and telephone number of the applicant’s resident agent in the State; and

(4) Any other information that the Commissioner reasonably requires.
Md. Code, Public Safety § 12-902 — MD Code / Article gps / Title 12 / Subtitle 9 / Section 12-902
§12–902.
Status: in_force

(a) The General Assembly finds that there have been many incidents of danger to public safety because of improper or inadequate construction, installation, maintenance, use, repair, or inspection of boilers and pressure vessels that operate in the State.

(b) The intent of this subtitle is to establish boiler and pressure vessel safety standards in the State to provide a level consistent with the needs of public safety.
Md. Code, Tax - General § 12-105 — MD Code / Article gtg / Title 12 / Subtitle 1 / Section 12-105
§12–105.
Status: in_force

(a) The tobacco tax rate for cigarettes is:

(1) $5.00 for each package of 20 cigarettes; and

(2) 25 cents for each cigarette in a package of more than 20 cigarettes.

(b) (1) Except as provided in paragraph (2) of this subsection, the tobacco tax rate for other tobacco products is 60% of the wholesale price of the tobacco products.

(2) (i) In this paragraph, “pipe tobacco” and “premium cigars” have the meanings stated in § 16.5–101 of the Business Regulation Article.

(ii) 1. Except as provided in subsubparagraph 2 of this subparagraph, the tobacco tax rate for cigars is 70% of the wholesale price of the cigars.

2. The tobacco tax rate for premium cigars is 15% of:

A. the wholesale price of the premium cigars; or

B. for premium cigars sold by an out–of–state seller, the price determined under subsection (c) of this section.

(iii) The tobacco tax rate for pipe tobacco is 30% of:

1. the wholesale price of the pipe tobacco; or

2. for pipe tobacco sold by an out–of–state seller, the price determined under subsection (c) of this section.

(c) (1) For premium cigars and pipe tobacco sold by an out–of–state seller, the tobacco tax rate applies to:

(i) the actual price paid by an out–of–state seller for a stock keeping unit; or

(ii) if the actual price paid by an out–of–state seller for a stock keeping unit is not available, the average of the actual price paid by an out–of–state seller for a stock keeping unit over the 12 calendar months before January 1 of the year in which the sale occurs.

(2) The Comptroller shall adopt regulations to implement this subsection.
Md. Code, Health Occupations § 12-6C-04 — MD Code / Article gho / Title 12 / Subtitle 6C / Section 12-6C-04
§12–6C–04.
Status: in_force

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

(2) “Accreditation organization” means a private entity that:

(i) Is recognized by the Board; and

(ii) Conducts inspections and surveys of wholesale distributors based on nationally recognized and developed standards.

(3) “Deemed status” means a status under which a wholesale distributor may be exempt from initial and routine inspection requirements under this subtitle.

(b) The Board may only grant deemed status to a wholesale distributor that is:

(1) Currently accredited by an accreditation organization, wherever the wholesale distributor is located; or

(2) Located in a state that has requirements that:

(i) Are substantially equivalent to the requirements of this State; and

(ii) Include pedigrees, routine inspections of wholesale distributors, operation of wholesale distributors in a commercial nonresidential facility, and security measures.

(c) (1) The Board may issue a wholesale distributor permit by reciprocity to a wholesale distributor who holds a license or permit under the laws of another state if the Board determines that the requirements of that state are substantially equivalent to the requirements of this State.

(2) A wholesale distributor that receives a permit by reciprocity shall comply with the requirements of § 12–6C–05(e) and (f) of this subtitle.

(3) In addition to meeting the requirements under this subtitle, a wholesale distributor located out–of–state that is not eligible for reciprocity shall be accredited by an accreditation organization.

(4) The Board shall grant deemed status to a wholesale distributor that:

(i) Is currently accredited by an accreditation organization; or

(ii) Has been granted reciprocity by the Board.

(d) The Board or its designee may inspect a wholesale distributor who is accredited or has been issued a permit by reciprocity to:

(1) Determine compliance with any permit requirement under this subtitle; or

(2) Investigate a complaint.
Md. Code, Public Safety § 12-407 — MD Code / Article gps / Title 12 / Subtitle 4 / Section 12-407
§12–407.
Status: in_force

(a) A person may not violate this subtitle.

(b) 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, Family Law § 12-102.3 — MD Code / Article gfl / Title 12 / Subtitle 1 / Section 12-102.3
§12–102.
Status: in_force

§12–102.3.

(a) (1) This section applies to administrative contests of withholdings from an employee’s earnings made by an employer for the purpose of complying with this title.

(2) Nothing in this section may be construed to limit an employee’s right to judicially contest an underlying court order requiring the employee to provide health insurance coverage for the employee’s child.

(b) (1) An employee may only contest a withholding under this section based on a mistake of fact.

(2) The only issues that may be contested are:

(i) the identity of the employee;

(ii) whether there is an underlying court order requiring the employee to provide health insurance coverage for the employee’s child;

(iii) that the amount of the withholding exceeds the limits of the federal Consumer Credit Protection Act; and

(iv) that the child for whom health insurance coverage is sought is emancipated.

(c) An employee may contest a withholding by sending a written request for an investigation to the Administration within 15 days after receiving notice of the withholding from the employer.

(d) If an employee requests an investigation, the Administration:

(1) shall conduct an investigation within 15 days after the request; and

(2) on completion of the investigation, shall notify the employee of the results of the investigation and the employee’s right to appeal the decision of the Administration to the Office of Administrative Hearings.

(e) (1) (i) An employee may appeal the Administration’s decision to the Office of Administrative Hearings by filing a written request for a hearing with the Administration or the Office of Administrative Hearings.

(ii) The request for a hearing shall be made:

1. on a form provided by the Administration; and

2. within 15 days after receiving the written results of the Administration’s investigation.

(2) The only issues that may be contested in an administrative hearing are:

(i) the identity of the employee;

(ii) whether there is an underlying court order requiring the employee to provide health insurance coverage for the employee’s child;

(iii) that the amount of the withholding exceeds the limits of the federal Consumer Credit Protection Act; and

(iv) that the child for whom health insurance coverage is sought is emancipated.

(3) An appeal under this section shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.

(f) Enrollment of the employee’s child may not be stayed or terminated until the employer receives written notice that the contest is resolved in the employee’s favor.
Md. Code, Financial Institutions § 12-108 — MD Code / Article gfi / Title 12 / Subtitle 1 / Section 12-108
§12–108.
Status: in_force

(a) (1) To apply for a license, an applicant shall:

(i) Complete, sign, and submit to the Commissioner an application made under oath in the form, and in accordance with the process, that the Commissioner requires; and

(ii) Provide all the information that the Commissioner requests.

(2) The application shall include:

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

(ii) The applicant’s principal executive office address;

(iii) If the applicant is not an individual, the name and residence address of each control person;

(iv) The address of each additional location, if any, that:

1. The general public may reasonably view as a location that provides check cashing services, including any location that investigates customer complaints or directly communicates with customers verbally, electronically, or in writing;

2. Houses any core operational infrastructure or technology systems;

3. Conducts any core management, information security and technology, risk and compliance, or finance functions; or

4. Is otherwise required to be listed in NMLS by regulation the Commissioner adopts under this subtitle;

(v) If the licensee operates a mobile unit, the vehicle identification number of each mobile unit and the geographic area where each mobile unit will be operating; and

(vi) Any other information that the Commissioner requires for an investigation and findings under § 12–109 of this subtitle.

(b) With the application, the applicant shall pay to the Commissioner:

(1) An investigation fee of $100; and

(2) A license fee of $500.
Md. Code, Alcoholic Beverages and Cannabis § 12-1401 — MD Code / Article gab / Title 12 / Subtitle 14 / Section 12-1401
§12–1401.
Status: in_force

(a) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”) of Division I of this article apply in the City without exception or variation:

(1) § 4–102 (“Applications to be filed with local licensing board”);

(2) § 4–103 (“Application on behalf of partnership”);

(3) § 4–104 (“Application on behalf of corporation or club”);

(4) § 4–106 (“Payment of notice expenses”);

(5) § 4–108 (“Application form required by Executive Director”);

(6) § 4–111 (“Payment of license fees”);

(7) § 4–112 (“Disposition of license fees”);

(8) § 4–113 (“Refund of license fees”); and

(9) § 4–114 (“Fees for licenses issued for less than 1 year”).

(b) Section 4–110 (“Required information on application — Petition of support”) of Division I of this article does not apply in the City and is superseded by § 12–1405 of this subtitle.

(c) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”) of Division I of this article apply in the City:

(1) § 4–105 (“Application on behalf of limited liability company”), subject to § 12–1402 of this subtitle;

(2) § 4–107 (“Criminal history records check”), subject to § 12–1403 of this subtitle; and

(3) § 4–109 (“Required information on application — In general”), subject to § 12–1404 of this subtitle.
Md. Code, Environment § 12-306 — MD Code / Article gen / Title 12 / Subtitle 3 / Section 12-306
§12–306.
Status: in_force

(a) Except as otherwise provided in this section, certification authorizes a waterworks, wastewater works, or industrial wastewater works to employ the certified individual as an operator, industrial operator, or superintendent in an appropriate job classification.

(b) Certification as an operator authorizes the operator to perform tasks assigned by a certified superintendent, if an operator is not prohibited from performing those tasks by the rules and regulations adopted under this title.

(c) The Secretary shall adopt rules and regulations to classify or certify superintendents, operators, and industrial operators to perform certain tasks in waterworks, wastewater works, and industrial wastewater works.
Md. Code, Alcoholic Beverages and Cannabis § 12-2401 — MD Code / Article gab / Title 12 / Subtitle 24 / Section 12-2401
§12–2401.
Status: in_force

(a) The following sections of Title 4, Subtitle 9 (“Judicial Review”) of Division I of this article apply in the City without exception or variation:

(1) § 4–902 (“Judicial review of decision of local licensing board”);

(2) § 4–903 (“Petitioners”);

(3) § 4–905 (“Scope of judicial review”);

(4) § 4–906 (“Representation of local licensing board”);

(5) § 4–907 (“Affirmations, modifications, and reversals”); and

(6) § 4–908 (“Appeals to Appellate Court of Maryland and Supreme Court of Maryland”).

(b) Section 4–904 (“Stay of local board’s petition”) applies in the City, subject to § 12–2402 of this subtitle.
Md. Code, Corporations and Associations § 12-701 — MD Code / Article gca / Title 12 / Subtitle 7 / Section 12-701
§12–701.
Status: in_force

Fees for documents filed or requested under this title shall be as provided for in § 1-203 of this article.
Md. Code, Real Property § 12-203 — MD Code / Article grp / Title 12 / Subtitle 2 / Section 12-203
§12–203.
Status: in_force

Subject to the provisions of § 8-309(h)(2) of the Transportation Article, the additional payment authorized by § 12-202 of this subtitle shall be made only to a displaced person who purchases and occupies a replacement dwelling which is decent, safe, and sanitary, not later than the end of the one-year period beginning on:

(1) The date on which he receives from the displacing agency final payment of all costs of the acquired dwelling; or

(2) The date on which the displacing agency’s obligation under § 12-206(b)(3) of this subtitle is met, whichever is later, except that the displacing agency may extend such period for good cause. If such period is extended, the payment under this section shall be based on the costs of relocating the person to a comparable replacement dwelling within 1 year of such date.
Md. Code, Commercial Law § 12-1302 — MD Code / Article gcl / Title 12 / Subtitle 13 / Section 12-1302
§12–1302.
Status: in_force

(a) This subtitle applies to any lender that makes a mortgage loan secured by owner–occupied residential real property located in the State.

(b) This subtitle does not apply to:

(1) A secondary mortgage loan;

(2) An open–end or revolving home equity line of credit;

(3) A construction loan;

(4) An individual who takes back a deferred purchase money mortgage in connection with the sale of residential real property owned by, and titled in the name of, the individual; or

(5) An individual who makes a mortgage loan to a borrower who is the individual’s spouse, child, child’s spouse, parent, sibling, grandparent, grandchild, or grandchild’s spouse.
Md. Code, Courts and Judicial Proceedings § 12-609 — MD Code / Article gcj / Title 12 / Subtitle 6 / Section 12-609
§12–609.
Status: in_force

The Supreme Court of Maryland of this State shall state in a written opinion the law answering the certified question and send a copy of the opinion to the certifying court, counsel of record, and parties appearing without counsel.
Md. Code, Education § 12-114.2 — MD Code / Article ged / Title 12 / Subtitle 1 / Section 12-114.2
§12–114.
Status: in_force

§12–114.2.

(a) Each constituent institution shall develop a method to clearly and conspicuously show in the online course scheduling application which courses:

(1) Provide students access to all required course materials in the form of free or low–cost digital materials; and

(2) May provide students access to course materials with a low–cost print option as an alternative to free or low–cost digital materials.

(b) The free or low–cost digital materials under subsection (a) of this section:

(1) Shall, to the extent practicable, include openly licensed educational resources; and

(2) Shall be equally accessible to and independently usable by individuals with disabilities.
Md. Code, Local Government § 12-610 — MD Code / Article glg / Title 12 / Subtitle 6 / Section 12-610
§12–610.
Status: in_force

(a) (1) A resident of a county may submit a written petition to the governing body of a county requesting that a bridge connecting that county to an adjoining county be built or repaired.

(2) If the governing body determines the request for bridge building or repair is reasonable, the governing body shall request in writing the concurrence of the governing body of the adjoining county.

(3) If the governing body of the adjoining county concurs, the governing body of each county shall:

(i) appoint three independent examiners; and

(ii) notify the governing body of the other county of the appointment.

(b) (1) The examiners appointed under subsection (a) of this section shall meet promptly to determine:

(i) the advisability of building or repairing the bridge;

(ii) the location of the building or repair;

(iii) the building or repair plan;

(iv) the materials required for the building or repair;

(v) the estimated cost of the building or repair; and

(vi) the portion of the cost of building or repair to be paid by each of the adjoining counties.

(2) The examiners shall report the findings and recommendations made under paragraph (1) of this subsection to their respective governing body.
Md. Code, Health Occupations § 12-6A-02 — MD Code / Article gho / Title 12 / Subtitle 6A / Section 12-6A-02
§12–6A–02.
Status: in_force

A therapy management contract is not required for the management of patients in an institutional facility or in a group model health maintenance organization.
Md. Code, Environment § 12-602 — MD Code / Article gen / Title 12 / Subtitle 6 / Section 12-602
§12–602.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Program Evaluation Act, and except for the rules and regulations adopted by the Secretary, this title shall terminate and be of no effect after July 1, 2031.
Md. Code, Financial Institutions § 12-405 — MD Code / Article gfi / Title 12 / Subtitle 4 / Section 12-405
§12–405.
Status: in_force

(a) A person may not engage in the business of money transmission if that person, or the person with whom that person engages in the business of money transmission, is located in the State unless that person:

(1) Is licensed by the Commissioner;

(2) Is an authorized delegate of a licensee under whose name the business of money transmission occurs; or

(3) Is a person exempted from licensing under this subtitle.

(b) Each licensee or license applicant shall obtain and maintain a valid unique identifier issued by NMLS on forming an account with NMLS.

(c) An applicant for an initial license or a license renewal shall apply for the license or renewal through NMLS.
Md. Code, Economic Development § 12-110 — MD Code / Article gec / Title 12 / Subtitle 1 / Section 12-110
§12–110.
Status: in_force

(a) Notwithstanding any limitation of law, a public body may issue and sell bonds periodically to accomplish the legislative purposes of this subtitle.

(b) (1) A public body may issue and sell bonds to:

(i) subject to paragraph (2) of this subsection, finance the costs of the acquisition or improvement of a facility for a facility user, including working capital;

(ii) refund outstanding bonds;

(iii) pay the costs of preparing, printing, selling, and issuing the bonds;

(iv) fund reserves; and

(v) pay the interest on the bonds in the amount and for the period the public body considers reasonable.

(2) (i) A public body may not issue bonds to acquire working capital unless the bonds are secured by a letter of credit or an interest in property.

(ii) Working capital acquired by issuing bonds may not exceed 25% of the principal amount of the bonds.

(c) (1) Bonds are limited obligations and are not a pledge of the faith and credit or taxing power of the public body.

(2) Bonds issued by an authority are issued on behalf of the public body that established the authority.

(3) Bonds issued by the Maryland Industrial Development Financing Authority:

(i) are issued on behalf of the State; and

(ii) shall be issued in accordance with the Maryland Industrial Development Financing Authority Act, Title 5, Subtitle 7 of this article.

(d) (1) A bond:

(i) may be in bearer form;

(ii) may be registrable as to principal alone or as to both principal and interest; and

(iii) is a “security” as defined by § 8-102 of the Commercial Law Article, whether or not the bond is one of a class or series or is divisible into a class or series of instruments.

(2) (i) A bond shall be signed by the chief executive or by an officer designated by resolution of the public body.

(ii) A bond may be executed by facsimile signature in accordance with § 2-303 of the State Finance and Procurement Article.

(iii) The seal of the public body shall be affixed to the bond and attested by the clerk or similar administrative officer of the public body designated by resolution.

(iv) An officer’s signature or countersignature on a bond or coupon remains valid even if the officer leaves office before the bond is delivered.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, a bond shall mature not later than 30 years after its date of issue.

(ii) If a bond is secured by a mortgage insured by a unit of the federal government, the bond shall have a term of maturity that does not exceed the term of the insurance.

(e) (1) A public body may acquire or improve a facility with bond proceeds:

(i) by leasing the facility to a facility user;

(ii) by selling the facility to a facility user under an installment sale agreement;

(iii) by lending bond proceeds to a facility user to be used to finance a facility; or

(iv) in any other manner that the public body considers appropriate to accomplish the legislative purposes of this subtitle.

(2) (i) The lease of a facility under this subtitle may authorize or require the facility user to acquire the facility on payment of the principal of and interest on the bonds applicable to the facility user.

(ii) The consideration for the acquisition of the facility may be nominal.
Md. Code, Alcoholic Beverages and Cannabis § 12-2601 — MD Code / Article gab / Title 12 / Subtitle 26 / Section 12-2601
§12–2601.
Status: in_force

(a) The following sections of Title 6, Subtitle 2 (“Enforcement”) of Division I of this article apply in the City without exception or variation:

(1) § 6–202 (“Inspections”);

(2) § 6–203 (“Use of equipment to measure quantity and quality of alcoholic beverages”);

(3) § 6–205 (“Peace officers”);

(4) § 6–206 (“Charging document for unlawful sale of alcoholic beverage”);

(5) § 6–207 (“Display of alcoholic beverages as prima facie evidence of sale”);

(6) § 6–208 (“Regulating possession or consumption of alcohol in public places”);

(7) § 6–209 (“Adoption of standards for authorization of consumption”); and

(8) § 6–211 (“Fines and forfeitures”).

(b) Section 6–210 (“State preemption of local disorderly intoxication laws”) of Division I of this article does not apply in the City and is superseded by § 12–2602 of this subtitle.

(c) Section 6–204 (“Power to summon witnesses”) of Division I of this article applies in the City, in addition to § 12–2603 of this subtitle.
Md. Code, Insurance § 12-206 — MD Code / Article gin / Title 12 / Subtitle 2 / Section 12-206
§12–206.
Status: in_force

(a) (1) This subsection does not apply to industrial life insurance policies.

(2) Unless a complete copy of the application for the issuance of a life insurance or health insurance policy or annuity contract is attached to or otherwise made a part of the policy or contract when issued, the application is not admissible in evidence in a proceeding relating to the policy or contract.

(b) (1) If an insured, beneficiary, or assignee of a reinstated or renewed life insurance or health insurance policy that is delivered in the State makes a written request to the insurer for a copy of any application for reinstatement or renewal, the insurer shall deliver or mail the copy within 30 days after the request is received at the insurer’s home office or branch office.

(2) If a requested copy is not delivered or mailed, the insurer may not introduce the application in evidence in any proceeding based on or involving the policy, its reinstatement, or its renewal.

(3) If the request is from a beneficiary, the time for the insurer to provide a copy does not begin to run until after the insurer receives evidence that satisfies the insurer of the beneficiary’s vested interest in the policy or contract.

(c) (1) Except as provided in paragraph (2) of this subsection, an alteration of a written application for a life insurance or health insurance policy or annuity contract may not be made by a person other than the applicant without the applicant’s written consent.

(2) An insurer may make an insertion for administrative purposes only in a way that indicates clearly that the insertion is not to be ascribed to the applicant.
Md. Code, Health Occupations § 12-704 — MD Code / Article gho / Title 12 / Subtitle 7 / Section 12-704
§12–704.
Status: in_force

(a) (1) Unless authorized to practice pharmacy under this title, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice pharmacy in this State.

(2) Unless authorized to practice pharmacy under this title, a person may not use the terms “pharmacist” or “druggist” with the intent to represent that the person practices pharmacy.

(b) (1) Unless an establishment has a pharmacy permit, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the establishment is a pharmacy.

(2) The acts prohibited by this subsection include using, with the intent to misrepresent that an establishment is a pharmacy, the terms “pharmacy” or “drugstore”, the characteristic show bottles or globes filled with colored water, or any other term or symbol traditionally associated with practicing pharmacy.
Md. Code, Real Property § 12-209 — MD Code / Article grp / Title 12 / Subtitle 2 / Section 12-209
§12–209.
Status: in_force

As soon as feasible, after the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award of compensation in a condemnation proceeding to acquire land, whichever is earlier, the displacing agency shall reimburse the owner to the extent the displacing agency deems fair and reasonable, for expenses he necessarily incurred for:

(1) Recording fees, transfer taxes, and similar expenses incidental to granting the real property to the displacing agency, as provided in § 12-106(b)(4) of this title;

(2) Penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering the real property; and

(3) The pro rata portion of real property taxes allocable to a period subsequent to the date of vesting title in the displacing agency, or the effective date of possession of the real property by the displacing agency, whichever is earlier, in accordance with the provisions of § 12-110 of this title.
Md. Code, Public Safety § 12-906 — MD Code / Article gps / Title 12 / Subtitle 9 / Section 12-906
§12–906.
Status: in_force

(a) (1) Whenever the position of Chief Boiler Inspector or deputy boiler inspector becomes vacant, the Secretary of Budget and Management as soon as practicable shall conduct a competitive examination in accordance with Title 7 of the State Personnel and Pensions Article.

(2) The examination shall be the same as or equivalent to the examination given by the Board for special inspectors under § 12-907 of this subtitle.

(3) With the approval of the Secretary, the Commissioner shall appoint from the successful candidates a Chief Boiler Inspector or deputy boiler inspector.

(b) If authorized by the Commissioner, the Chief Boiler Inspector shall:

(1) take action necessary to enforce the regulations adopted under this subtitle and the laws of the State that govern the use of boilers and pressure vessels to which this subtitle applies;

(2) keep a complete record of the type, dimensions, maximum allowable pressure, age, location, and date of the last recorded inspection of each boiler and each pressure vessel to which this subtitle applies;

(3) issue, and for cause shown, suspend or revoke certificates under § 12-911 of this subtitle; and

(4) refer for prosecution each person who violates this subtitle.

(c) Each deputy boiler inspector:

(1) is responsible to the Chief Boiler Inspector; and

(2) shall perform the duties that the Chief Boiler Inspector directs.

(d) All money received by the Chief Boiler Inspector from fees shall be deposited in the General Fund.
Md. Code, State Government § 12-308 — MD Code / Article gsg / Title 12 / Subtitle 3 / Section 12-308
§12–308.
Status: in_force

(a) If an action or special proceeding against a State officer or State employee in which the Attorney General has declined representation under § 12-304(b)(1) of this subtitle results in final judgment, the court or jury shall find whether:

(1) the defense of sovereign immunity is available to the officer or employee;

(2) the officer or employee was acting within the scope of the employment of the officer or employee;

(3) the alleged act or omission was malicious; and

(4) the alleged act or omission was grossly negligent.

(b) A jury shall make the findings by written, special verdict.
Md. Code, Criminal Law § 12-308 — MD Code / Article gcr / Title 12 / Subtitle 3 / Section 12-308
§12–308.
Status: in_force

Notwithstanding any other provisions of this subtitle, an entity licensed to offer instant bingo under a commercial bingo license on July 1, 2007, or by a qualified organization as defined in § 13–201 of this article on the premises of the qualified organization may continue to operate a game of instant bingo in the same manner using electronic machines, provided that:

(1) (i) the machines were in operation for a 1–year period ending December 31, 2007; or

(ii) the machines were in operation under a commercial bingo license on December 31, 2007;

(2) the entity does not operate more than the number of electronic machines in operation on February 28, 2008; and

(3) the conduct of the gaming and operation of the machines are consistent with all other provisions of this article.
Md. Code, Business Occupations and Professions § 12-305.2 — MD Code / Article gbo / Title 12 / Subtitle 3 / Section 12-305.2
§12–305.
Status: in_force

§12–305.2.

(a) (1) In this section, “BRAC” means the Base Realignment and Closure process as announced by the United States Department of Defense.

(2) Subject to the provisions of this section, the Board shall waive the examination requirements for a journey natural gas fitters license for an individual who is licensed to provide gas fitting services as a journeyman in Virginia.

(b) The Board shall grant a waiver under this section to an applicant who files a request before July 1, 2012, if the applicant:

(1) pays the appropriate fee required under § 12–306 of this subtitle;

(2) provides adequate evidence that the applicant:

(i) meets the qualifications otherwise required by this title;

(ii) holds an active license in good standing in Virginia;

(iii) holds a license that is equivalent to the State license; and

(iv) has experience in the provision of natural gas services that meets the time requirements of § 12–302 of this subtitle; and

(3) has relocated to the State as a family member of a BRAC employee.
Md. Code, Local Government § 12-613 — MD Code / Article glg / Title 12 / Subtitle 6 / Section 12-613
§12–613.
Status: in_force

(a) (1) A resident of a county in which the governing body has decided to build or repair a bridge, including a bridge between the county and an adjoining county, may seek review of the decision in the circuit court if the resident:

(i) files before a contract for the building or repairing is awarded; and

(ii) alleges that the decision is inexpedient.

(2) The governing body of the county shall give the resident or the resident’s counsel full opportunity to examine the books and papers of the county relating to the decision to build or repair the bridge.

(3) The circuit court shall hear and decide the case according to justice and right with or without a jury as agreed to by the parties or ordered by the court.

(b) (1) Except as provided in paragraph (2) of this subsection, the court shall allocate costs in a manner that the court determines just and equitable.

(2) If the court sustains the decision of the governing body of the county, the resident shall pay the costs.

(3) The governing body of the county shall pay any costs ordered by the court and all incidental expenses.
Md. Code, Economic Development § 12-408 — MD Code / Article gec / Title 12 / Subtitle 4 / Section 12-408
§12–408.
Status: in_force

(a) At least 21 days before the public hearing, the governing body of a county or municipal corporation shall publish notice of the public hearing in a newspaper of general circulation within the geographic area of the proposed district.

(b) At least 21 days before the public hearing, the owners of nonexempt property who seek to establish a district shall send notice of the public hearing and a summary of the application to:

(1) each owner of nonexempt property within the proposed district; and

(2) each commercial tenant within the proposed district.

(c) Before the public hearing, the application shall be made available for review during normal business hours in at least one location in the proposed district.

(d) Within 10 days after the public hearing, if the governing body of the county or municipal corporation determines that the needs of the district meet the purposes of this subtitle, the governing body shall authorize the district in accordance with § 12–403 of this subtitle.
Md. Code, Commercial Law § 12-926 — MD Code / Article gcl / Title 12 / Subtitle 9 / Section 12-926
§12–926.
Status: in_force

The Commissioner of Financial Regulation may adopt regulations regarding the enforcement of and compliance with this subtitle as to credit grantors who offer or make shared appreciation agreements under this subtitle.
Md. Code, Financial Institutions § 12-209 — MD Code / Article gfi / Title 12 / Subtitle 2 / Section 12-209
§12–209.
Status: in_force

On application for a permit, the Commissioner shall issue the permit, if the Commissioner determines that the establishment and operations of the proposed office will not violate any law of this State that applies to banks and banking.
Md. Code, State Government § 12-306 — MD Code / Article gsg / Title 12 / Subtitle 3 / Section 12-306
§12–306.
Status: in_force

(a) Representation under this Part II of this subtitle includes the right to assert a counterclaim or to assert or defend against a third party claim for the officer or employee.

(b) The representation does not deprive any State officer, State employee, or unit of the State government of any sovereign immunity that is available to the officer, employee, or unit.
Md. Code, Public Safety § 12-610 — MD Code / Article gps / Title 12 / Subtitle 6 / Section 12-610
§12–610.
Status: in_force

While a certificate for a nongovernmental electrical inspector is in effect, it authorizes the certificate holder to inspect electrical installations for conformity with the National Electrical Code or a local code as amended.
Md. Code, Alcoholic Beverages and Cannabis § 12-2704 — MD Code / Article gab / Title 12 / Subtitle 27 / Section 12-2704
§12–2704.
Status: in_force

(a) (1) A license holder may not use an advertisement that is untrue, deceptive, or misleading in a material respect, including an advertisement on the Internet containing an affirmative representation that the license holder may offer for sale alcoholic beverages that the license holder is not authorized to sell.

(2) The Board shall enforce this subsection.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
Md. Code, Financial Institutions § 12-924 — MD Code / Article gfi / Title 12 / Subtitle 9 / Section 12-924
§12–924.
Status: in_force

(a) The Commissioner may conduct an examination of a licensee with or without prior notice.

(b) The licensee shall pay all reasonably incurred costs directly related to an examination conducted under this section, including the travel expenses, lodging expenses, and a per diem for examiners.

(c) Any examination may be conducted in conjunction with an examination performed by a representative of a responsible supervisory agency of another state.

(d) (1) The Commissioner, in lieu of an examination, may accept the examination report of a responsible supervisory agency of another state.

(2) A report accepted under paragraph (1) of this subsection is considered for all purposes as an official report of the Commissioner.

(e) The Commissioner may:

(1) Examine all books, accounts, and records that the Commissioner determines are necessary to conduct a complete examination, including the books, accounts, and records in the possession of a subsidiary, affiliate, or other person that relate to the operation of and services provided by the licensee’s debt management services business; and

(2) Examine under oath any owner, officer, director, principal, and employee of the licensee or any other individual who may provide information on behalf of the licensee.
Md. Code, Commercial Law § 12-1104 — MD Code / Article gcl / Title 12 / Subtitle 11 / Section 12-1104
§12–1104.
Status: reserved

(a) The lessor shall disclose in each rental–purchase agreement, as applicable:

(1) The total number, total amount, and timing of all rental payments necessary to acquire ownership of the rental property;

(2) A statement that the consumer will not own the rental property until the consumer has paid the total of payments necessary to acquire ownership;

(3) A brief description of the rental property sufficient to identify the rental property to the consumer and the lessor, including an identification number and a statement indicating whether the rental property is new or used;

(4) (i) A statement of the cash price of the rental property; or

(ii) If a single rental–purchase agreement involves a lease of 2 or more items of rental property as a set, a statement of the aggregate cash price of all items;

(5) The cost of lease services of the rental property;

(6) The total of initial payments paid or required to be paid at or before consummation of the rental–purchase agreement or delivery of the rental property, whichever is later;

(7) A statement that the total of rental payments does not include other charges, such as reinstatement fees, damage fees, or pickup fees;

(8) A statement that the consumer has the right to exercise an early purchase option and the price, formula, or method for determining the early purchase option price;

(9) A statement that the consumer must pay the early purchase option price for the rental property if, and when, the rental property is lost, stolen, damaged, or destroyed;

(10) (i) A statement identifying the lessor as the party responsible for maintaining or servicing the rental property while it is being rented;

(ii) A description of that responsibility; and

(iii) A statement that if any part of a manufacturer’s express warranty covers the rental property at the time the consumer acquires ownership of the rental property, it shall be transferred to the consumer, if allowed by the terms of the warranty;

(11) The date of consummation and the identities of the lessor and consumer;

(12) A statement that the consumer may terminate the rental–purchase agreement without penalty by voluntarily surrendering or returning the rental property in good repair, normal wear and tear excepted, upon expiration of any rental term and payment of any past due rental payments;

(13) Notice of the consumer’s right to reinstate an agreement as provided in § 12–1106 of this subtitle; and

(14) Any other charges, including reinstatement fees, damage fees, and pickup fees.

(b) The lessor shall disclose in each summary of costs chart, as applicable:

(1) The cash price of the rental property;

(2) The timing of the payments for the rental property;

(3) The total purchase price if the payment schedule under item (2) of this subsection is completed according to the schedule; and

(4) The cost of lease services of the rental property.

(c) A lessor shall place on property which is to be leased as a part of a rental–purchase agreement and is displayed in the lessor’s place of business a tag which shall indicate:

(1) The number and amount of individual renewal payments necessary to purchase the property;

(2) The total amount necessary to purchase the property; and

(3) Whether the property is new or used.
Md. Code, Business Regulation § 12-206 — MD Code / Article gbr / Title 12 / Subtitle 2 / Section 12-206
§12–206.
Status: in_force

(a) A license authorizes the licensee to do business as a dealer only at the address for which the license is issued.

(b) Notwithstanding subsection (a) of this section, a dealer who holds a license under this subtitle may:

(1) make purchases at an estate and judicial sale; and

(2) transact business at the residence of the owner of a precious metal object or a place where the owner keeps a precious metal object:

(i) on request of the owner; and

(ii) after giving written notice of the proposed transaction and its location to the local law enforcement unit with jurisdiction over that location.
Md. Code, Commercial Law § 12-105 — MD Code / Article gcl / Title 12 / Subtitle 1 / Section 12-105
§12–105.
Status: in_force

(a) In this section, “mortgage loan” has the meaning stated in § 11–501 of the Financial Institutions Article.

(b) Fees and charges collected at the direction of and actually paid to a government or governmental agency may be collected and are not interest under this subtitle.

(c) Except as provided in subsection (d) of this section, if the loan contract provides for them, the following fees and charges also may be collected and are not interest under this subtitle:

(1) A service charge for investigation and the continued servicing of collateral for a commercial loan secured by inventory or accounts receivable;

(2) A service charge made by a broker or dealer dealing in investment securities if:

(i) Money is advanced on the security of pledged investment securities; and

(ii) Services are rendered in the collection, crediting, and disbursement of income on the investment securities and in the furnishing of income tax and other information in connection with that income;

(3) A delinquent or late charge of the greater of $2 or 5 percent of the total amount of any delinquent or late periodic installment of principal and interest, if:

(i) The delinquency has continued for at least 15 calendar days; and

(ii) A delinquent or late charge has not already been charged for the same delinquency; and

(4) A prepayment charge or penalty on a prepayment of the unpaid principal balance of the loan, if the loan is secured by a home, by a combination of home and business property, or by agricultural property, or if the loan is a commercial loan not in excess of $15,000, provided that the charge or penalty:

(i) May be imposed only on prepayments made within 3 years from the date the loan is made; and

(ii) May not exceed an amount equal to 2 months’ advance interest on the aggregate amount of all prepayments made in any 12–month period in excess of one–third of the amount of the original loan.

(d) In connection with a mortgage loan, a lender may not require or authorize the imposition of a penalty, fee, premium, or other charge in the event the mortgage loan is prepaid in whole or in part.

(e) The following charges, if actual expenses of the lender, also may be collected and, if not retained by him, are not interest under this subtitle:

(1) Charges by the lender’s attorney for service rendered in connection with the preparation, closing, or disbursement of the loan;

(2) Charges for the payment of any property expense, tax, or governmental charge; and

(3) Charges for the payment of any premium and cost for insuring:

(i) The lender against loss or liability on or in connection with the loan; or

(ii) The life or health of the borrower.

(f) Fees and charges otherwise includable as interest under this subtitle paid by a developer to the lender for the purpose of making permanent loans available to home purchasers are not interest under this subtitle. These fees and charges may not be charged to the home purchaser unless they are charged as interest and do not violate § 12–108 of this subtitle.
Md. Code, Courts and Judicial Proceedings § 12-502 — MD Code / Article gcj / Title 12 / Subtitle 5 / Section 12-502
§12–502.
Status: in_force

(a) (1) (i) Instead of a direct appeal to the Appellate Court of Maryland under § 12–501 of this subtitle, a party may appeal to the circuit court for the county from a final judgment of an orphans’ court.

(ii) The appeal shall be heard de novo by the circuit court.

(iii) The de novo appeal shall be treated as if it were a new proceeding and as if there had never been a prior hearing or judgment by the orphans’ court.

(iv) The circuit court shall give judgment according to the equity of the matter.

(2) This subsection does not apply to Harford County, Howard County, or Montgomery County.

(b) (1) An appeal under this section shall be taken by filing a notice of appeal with the register of wills within 30 days after the date of the final judgment from which the appeal is taken.

(2) Within 60 days after the filing of a notice of appeal under paragraph (1) of this subsection, the register of wills shall transmit all pleadings and orders of the proceedings to the court to which the appeal is taken, unless the orphans’ court from which the appeal is taken extends the time for transmitting these pleadings and orders.
Md. Code, Corporations and Associations § 12-305 — MD Code / Article gca / Title 12 / Subtitle 3 / Section 12-305
§12–305.
Status: in_force

(a) Except as provided in the governing instrument of a statutory trust, a beneficial owner, a holder of a voting trust certificate in the statutory trust, or a beneficial owner’s agent may inspect and copy during usual business hours any of the following statutory trust documents:

(1) The governing instrument and all amendments;

(2) Minutes of the proceedings of the beneficial owners;

(3) An annual statement of affairs; and

(4) Voting trust agreements on file at the statutory trust’s principal office.

(b) (1) Except as provided in the governing instrument of a statutory trust, a beneficial owner, who for at least 6 months has been the beneficial owner of record of outstanding beneficial interests of any series or class of beneficial interests of the statutory trust entitled to cast at least 5% of all the votes entitled to be cast generally in the election of trustees, may present to any officer of the statutory trust a written request for a list of the beneficial owners of record of that series or class as disclosed by the records of the statutory trust relating to the issuance and transfer of beneficial interests.

(2) Except as provided in the governing instrument of a statutory trust, within 20 days after a request for information is made under paragraph (1) of this subsection, the statutory trust shall prepare and have available on file at its principal office a list that:

(i) Is verified under oath by one of its officers or its transfer agent or registrar; and

(ii) Sets forth the name and address of each beneficial owner of record of the series or class and the number of shares of the series or class held by the beneficial owner.

(c) Except as provided in the governing instrument of a statutory trust, each trustee shall have the right to examine all documents and information regarding the statutory trust for any purpose reasonably related to the performance of the trustee’s duties as a trustee.

(d) Except as provided in its governing instrument a statutory trust shall have the right to keep confidential from the beneficial owners, for such period of time as the trustees deem reasonable, any information that:

(1) The trustees reasonably believe to be in the nature of trade secrets or other information, the disclosure of which the trustees in good faith believe is not in the best interest of the statutory trust or could damage the statutory trust or its business; or

(2) The statutory trust is required by law or by agreement with a third party to keep confidential.

(e) A statutory trust may maintain its records in other than a written form if such form is capable of conversion into a written form within a reasonable time.
Md. Code, Financial Institutions § 12-804 — MD Code / Article gfi / Title 12 / Subtitle 8 / Section 12-804
§12–804.
Status: in_force

(a) The Department of Public Safety and Correctional Services and the Office of the Attorney General shall have access to and shall be authorized to inspect and copy any reports filed with the Department under this article.

(b) The Department may make the contents of a report available to other criminal justice agencies only for purposes of investigation or prosecution of the subject of the report.
Md. Code, Commercial Law § 12-1023.1 — MD Code / Article gcl / Title 12 / Subtitle 10 / Section 12-1023.1
§12–1023.
Status: in_force

§12–1023.1.

(a) Any statement or characterization that indicates the borrower intends to obtain a loan solely to acquire an interest in or to carry on a business or commercial enterprise may be relied upon by a credit grantor in making the loan, unless the credit grantor knows or should know that the statement or characterization is false or misleading.

(b) As a condition to making a loan, a credit grantor may not require a borrower to make any false or misleading statement or characterization that the loan is a commercial loan or for a commercial purpose if the credit grantor knows or should know it is not a commercial loan or for a commercial purpose.

(c) The borrower has the burden of proving that a credit grantor knew or should have known that a statement or characterization described in subsection (a) or (b) of this section was false or misleading when made and that the loan was not a commercial loan or for a commercial purpose.

(d) Unless a credit grantor knew or should have known that a statement or characterization described in subsection (a) or (b) of this section was false or misleading when made, a credit grantor shall have no liability under this subtitle if a loan is actually used by the borrower other than as a commercial loan or for a commercial purpose.
Md. Code, Health Occupations § 12-318 — MD Code / Article gho / Title 12 / Subtitle 3 / Section 12-318
§12–318.
Status: in_force

(a) In this section, “pharmacy review committee” means an advisory committee appointed by the Board from a pool of Board approved pharmacists to aid the Board in licensing and disciplinary matters.

(b) A pharmacy review committee shall:

(1) Evaluate and seek to improve the quality of pharmaceutical care provided by providers of pharmaceutical care;

(2) Evaluate the need for and the level of performance of pharmaceutical care provided by providers of pharmaceutical care;

(3) Evaluate the qualifications, competence, and performance of providers of pharmaceutical care; or

(4) Evaluate and act on matters that relate to the discipline of any provider of pharmaceutical care.

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

(i) A civil action brought by a party to the proceedings of the pharmacy review committee who claims to be aggrieved by the decision of the pharmacy review committee; or

(ii) Any record or document that is considered by the pharmacy review committee and that otherwise would be subject to discovery and introduction into evidence in a civil trial.

(2) The proceedings, records, and files of a pharmacy review committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being reviewed and evaluated by the pharmacy review committee.

(d) A person who acts in good faith and within the scope of jurisdiction of a pharmacy review committee is not civilly liable for any action as a member of the pharmacy review committee or for giving information to, participating in, or contributing to the function of the pharmacy review committee.
Md. Code, Criminal Law § 12-102 — MD Code / Article gcr / Title 12 / Subtitle 1 / Section 12-102
§12–102.
Status: in_force

(a) A person may not:

(1) make or sell a book or pool on the result of a race, contest, or contingency;

(2) establish, keep, rent, use, or occupy, or knowingly allow to be established, kept, rented, used, or occupied, all or a part of a building, vessel, or place, on land or water, within the State, for the purpose of:

(i) betting, wagering, or gambling; or

(ii) making, selling, or buying books or pools on the result of a race, contest, or contingency; or

(3) receive, become the depository of, record, register, or forward, or propose, agree, or pretend to forward, money or any other thing or consideration of value, to be bet, wagered, or gambled on the result of a race, contest, or contingency.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $5,000 or both.

(c) (1) The provisions of this subsection apply only in Baltimore City.

(2) A person who violates this section may be charged by a citation.

(3) A citation for a violation of this section may be issued to a person by a police officer authorized to make arrests in Baltimore City if there is probable cause to believe that the person is committing or has committed a violation of this section.

(4) A citation issued under this subsection shall contain:

(i) the name and address of the person charged;

(ii) the statute allegedly violated;

(iii) the location, date, and time that the violation occurred;

(iv) the fine or term of imprisonment that may be imposed;

(v) a notice stating that prepayment of a fine is not allowed;

(vi) a notice that the court shall promptly send the person charged a summons to appear for trial; and

(vii) the signature of the police officer issuing the citation.

(5) (i) The police officer who issued the citation shall forward to the appropriate court a copy of the citation.

(ii) The court shall promptly schedule the case for trial and summon the defendant to appear.

(iii) Willful failure of the defendant to respond to the summons is contempt of court.
Md. Code, Financial Institutions § 12-115 — MD Code / Article gfi / Title 12 / Subtitle 1 / Section 12-115
§12–115.
Status: in_force

(a) At any time and as often as the Commissioner considers appropriate, the Commissioner may investigate the records and business operations of a licensee or a person who acts on behalf of a licensee.

(b) For the purposes of this section, the Commissioner:

(1) Shall be given access to any books, papers, records, safes, or vaults of the person under investigation; and

(2) May examine under oath a person whose testimony the Commissioner requires.
Md. Code, Commercial Law § 12-1203 — MD Code / Article gcl / Title 12 / Subtitle 12 / Section 12-1203
§12–1203.
Status: in_force

This subtitle does not require a lender that offers to make a reverse mortgage loan to offer a reverse mortgage loan:

(1) With any one or more particular payment plans; or

(2) To a prospective borrower who holds title to a dwelling in other than fee simple interest.
Md. Code, Local Government § 12-104 — MD Code / Article glg / Title 12 / Subtitle 1 / Section 12-104
§12–104.
Status: in_force

In Dorchester County, the governing body may include in the merit system of the county the employees of the Dorchester County Sanitary District.
Md. Code, State Finance and Procurement § 12-204 — MD Code / Article gsf / Title 12 / Subtitle 2 / Section 12-204
§12–204.
Status: in_force

(a) This section does not apply to a lease entered into on or before May 31, 1967, unless the lease is renewed after that date.

(b) (1) Except as otherwise provided in this section and § 13–108 of this article, before a unit executes or renews a lease of land, buildings, or office space, the Board shall approve the lease or lease renewal.

(2) After review by the Secretary of General Services, the Board may designate the location of any unit.

(c) (1) Subject to paragraph (2) of this subsection, the Board may adopt regulations, in accordance with Title 10, Subtitle 1 of the State Government Article, that allow a unit to execute or renew a lease without Board approval.

(2) These regulations are subject to the approval of:

(i) the General Assembly; or

(ii) while the General Assembly is not in session, the Legislative Policy Committee.

(3) Regulations adopted under this section shall:

(i) establish an expenditure or use classification to determine which leases or lease renewals may be entered into without Board approval;

(ii) set an amount for each classification and require a unit to obtain approval if a lease or lease renewal exceeds that amount; and

(iii) require a unit to establish a reporting system approved by the Board to inform the Board about leases or lease renewals entered into without Board approval.

(d) (1) Subject to paragraph (2) of this subsection, the Board may not approve a lease that:

(i) transfers ownership of the property to the lessee on or before the termination of the lease;

(ii) allows the lessee to purchase the property below fair market value or for a fixed amount;

(iii) is for a term that is 75% or more of the estimated useful economic life of the property; or

(iv) has payments with a present value that is 90% or more of the fair market value of the property.

(2) The Board may approve a lease described in paragraph (1) of this subsection if:

(i) the Capital Debt Affordability Committee has certified to the Governor and the General Assembly that the total amount of new State debt to be incurred by the lease may prudently be authorized; or

(ii) the General Assembly has approved the lease in the budget for the requesting unit.
Md. Code, Criminal Procedure § 12-307 — MD Code / Article gcp / Title 12 / Subtitle 3 / Section 12-307
§12–307.
Status: in_force

The answer to a complaint shall:

(1) comply with the Maryland Rules;

(2) state the nature and extent of the person’s right in, title to, or interest in the property;

(3) state how and when the person acquired a right in, title to, or interest in the property; and

(4) contain a request for relief and a request for a prompt hearing.
Md. Code, Alcoholic Beverages and Cannabis § 12-205 — MD Code / Article gab / Title 12 / Subtitle 2 / Section 12-205
§12–205.
Status: in_force

The revenue from license fees, permit fees, fines, and advertising fees shall be payable to the Director of Finance of the City.
Md. Code, Public Safety § 12-1202 — MD Code / Article gps / Title 12 / Subtitle 12 / Section 12-1202
§12–1202.
Status: in_force

(a) This subtitle does not alter or abrogate the authority of:

(1) the State Fire Prevention Commission to enforce the Electrical Code under Subtitle 6 of this title;

(2) the Public Service Commission to enforce the Energy Code defined under the Energy Conservation Building Standards Act, Title 7, Subtitle 4 of the Public Utilities Article; or

(3) the Maryland Department of Health to:

(i) enforce the Standards for the design and construction, including additions, alterations, or repairs, of public swimming pools; or

(ii) regulate the operation and maintenance of swimming pools and spas.

(b) This subtitle does not alter or abrogate any zoning power or related authority of a county or municipal corporation.

(c) This subtitle does not allow or encourage the State to initiate or assume an independent role in the administration and enforcement of the Standards for a swimming pool or spa that is not owned or operated by the State.
Md. Code, Tax - Property § 12-115 — MD Code / Article gtp / Title 12 / Subtitle 1 / Section 12-115
§12–115.
Status: in_force

(a) The governing body of Charles County may grant, by law, a credit, in whole or in part, against the recordation tax imposed on an instrument of writing which transfers property in Charles County to targeted businesses relocating, expanding, or undertaking new construction in Charles County.

(b) The law adopted under subsection (a) of this section shall specify:

(1) the criteria for eligibility for the tax credit;

(2) any desired conditions or restrictions on the granting of the credit; and

(3) the method for calculating the amount of the tax credit.
Md. Code, Tax - Property § 12-112 — MD Code / Article gtp / Title 12 / Subtitle 1 / Section 12-112
§12–112.
Status: in_force

The Department may adopt regulations to administer the collection and remitting of recordation tax for instruments of writing filed with the Department.
Md. Code, Financial Institutions § 12-422 — MD Code / Article gfi / Title 12 / Subtitle 4 / Section 12-422
§12–422.
Status: in_force

(a) (1) A licensee may surrender a license through NMLS in accordance with the process that the Commissioner requires.

(2) The statement shall provide a listing, by identifying number, face amount, and place of issue, of all outstanding money transmissions, and the reasons for the license surrender.

(b) The surrender of a license does not:

(1) Affect any civil or criminal liability of the licensee for acts committed before the license is surrendered;

(2) Affect the surety device filed by the licensee; or

(3) Entitle the licensee to the return of any part of any fee.
Md. Code, Commercial Law § 12-610.2 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-610.2
§12–610.
Status: in_force

§12–610.2.

A holder may not enter into a retail installment sales agreement, providing for an initial rate of finance charge pursuant to § 12-609(f) or § 12-610(3) of this subtitle, which contains a provision that permits the holder to increase or decrease the applicable rate of finance charge from time to time during the term of an agreement.
Md. Code, Economic Development § 12-205 — MD Code / Article gec / Title 12 / Subtitle 2 / Section 12-205
§12–205.
Status: in_force

(a) A bond:

(1) may be in bearer form;

(2) may be registrable as to principal alone or as to both principal and interest; and

(3) is a “security” under § 8-102 of the Commercial Law Article, whether or not the bond is one of a class or series or is divisible into a class or series of instruments.

(b) (1) A bond shall be signed manually or in facsimile by the chief executive of the issuer.

(2) An officer’s signature or facsimile signature on a bond remains valid even if the officer leaves office before the bond is delivered.

(3) The clerk or other similar administrative officer of the issuer shall attest to and affix to each bond the seal of the issuer.

(c) A bond shall mature not later than 40 years after the date of issue.

(d) (1) The issuer may sell bonds at competitive or negotiated sale in any manner and on any terms that it considers best.

(2) A contract to acquire property may provide that payment shall be made in bonds.

(3) Bonds are exempt from §§ 19–205 and 19–206 of the Local Government Article.
Md. Code, Public Safety § 12-911 — MD Code / Article gps / Title 12 / Subtitle 9 / Section 12-911
§12–911.
Status: in_force

(a) If the report filed in accordance with § 12-910(a) of this subtitle shows that a boiler or pressure vessel complies with regulations adopted under this subtitle, the Chief Boiler Inspector shall issue to the owner or user of the boiler or pressure vessel a certificate that bears the date of inspection, specifies the inspection interval, and specifies the maximum pressure under which the boiler or pressure vessel may be operated.

(b) Except as provided in § 12-909(d)(3) of this subtitle, the certificate is valid for the period that corresponds to the interval between certificate inspections as established by regulation under § 12-909 of this subtitle.

(c) If the certificate inspection interval for a boiler or pressure vessel is extended under § 12-909(d)(5) of this subtitle, the Chief Boiler Inspector shall promptly issue a certificate to the owner of the boiler or pressure vessel that bears the new expiration date.

(d) (1) The certificate shall be posted under glass in the room that contains the boiler or pressure vessel that was inspected.

(2) If the boiler or pressure vessel is not located in a building, the certificate shall be posted in a location convenient to the boiler or pressure vessel that was inspected or in any place where the certificate will be accessible to interested parties.

(e) (1) The Chief Boiler Inspector or an authorized deputy boiler inspector may suspend a certificate at any time when, in the opinion of the inspector, the boiler or pressure vessel for which the certificate was issued:

(i) cannot be operated without danger to public safety; or

(ii) is found not to comply with regulations adopted under this subtitle.

(2) The suspension of a certificate continues until:

(i) the boiler or pressure vessel is made to conform to the regulations adopted under this subtitle; and

(ii) the certificate is reinstated.

(f) If a boiler or pressure vessel for which a certificate was issued based on the report of a special inspector ceases to be insured by an authorized insurer, the certificate is invalid.
Md. Code, State Government § 12-304 — MD Code / Article gsg / Title 12 / Subtitle 3 / Section 12-304
§12–304.
Status: in_force

(a) (1) Except as otherwise provided in this Part II of this subtitle, the Attorney General shall appear in a civil action or special proceeding against a State officer or State employee to represent the officer or employee if:

(i) the action or proceeding is in a court of the State or of the United States;

(ii) the officer or employee submits to the Attorney General a written request for representation;

(iii) the Attorney General or a person whom the Attorney General designates investigates the facts on which the action or proceeding is based;

(iv) the Attorney General does not find the officer or employee ineligible for representation under subsection (b)(1) of this section; and

(v) the officer or employee enters into an agreement as required by § 12-305 of this subtitle.

(2) The Attorney General may provide this representation by a deputy attorney general, assistant attorney general, special counsel, or other private counsel.

(b) (1) The Attorney General shall decline to represent a State officer or State employee if, on the basis of the investigation, the Attorney General finds that:

(i) the officer or employee was not acting within the scope of employment of the officer or employee;

(ii) the act or omission was malicious; or

(iii) the act or omission was grossly negligent.

(2) The Attorney General may decline to represent a State officer or State employee who otherwise is eligible for representation if the officer or employee:

(i) retains other counsel; or

(ii) is covered by insurance that requires the carrier to provide counsel.

(c) (1) Subject to the requirements of this section, the Attorney General has sole discretion in undertaking to represent the State officer or State employee.

(2) A decision of the Attorney General not to represent an officer or employee is inadmissible in any legal action or special proceeding. Reference to the decision may not be made in any hearing or trial.

(d) This section does not:

(1) deprive a State officer or State employee of any right to retain counsel, at the expense of the officer or employee; or

(2) prevent the appearance of the Attorney General to protect the interests of the State, even if the officer or employee does not request the appearance.
Md. Code, Commercial Law § 12-626 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-626
§12–626.
Status: in_force

(a) Subject to the provisions of subsection (b) of this section, the holder shall sell any repossessed goods at public auction if the buyer:

(1) Has paid at least 50 percent of the cash price of the goods; and

(2) Within the 15-day period provided for in § 12-625(a) of this subtitle, requests sale of the goods in writing sent to the holder by registered or certified mail.

(b) (1) To cover the costs of the sale, at the time a buyer requests sale of the goods he shall deposit with the holder an amount equal to the lesser of:

(i) 10 percent of the time balance due at the time of repossession; or

(ii) $10.

(2) If the buyer does not make the deposit at the time of his request, the holder promptly shall notify the buyer in writing sent by registered or certified mail of the deposit requirement. If the buyer fails to make the deposit within five days after he receives the notice from the holder, his right to have the goods sold at public auction is forfeited.

(c) The sale of goods at public auction shall take place within 30 days from the date the buyer requested the sale.

(d) At least 10 days before the sale, the holder shall notify the buyer in writing sent by registered or certified mail of the time and place of the sale.

(e) (1) The provisions of this subsection (e) apply to:

(i) A public sale held under the provisions of this section; and

(ii) Any other bona fide public or private sale of goods which had a cash price in excess of $2,000 at the time of their purchase by the buyer, if the buyer has not paid at least 50 percent of the cash price of the goods or if he has paid that amount but has not requested a public sale under subsection (a) of this section.

(2) The proceeds of a sale to which this subsection applies, including the deposit required by subsection (b) of this section, shall be applied, in the following order, to:

(i) The actual and reasonable cost of the sale;

(ii) The actual and reasonable cost of retaking and storing the goods; and

(iii) The unpaid balance owing under the agreement at the time the goods are repossessed.

(3) After application of the proceeds and deposit in accordance with paragraph (2) of this subsection, any remaining balance shall be paid to the buyer, unless the sale occurred because of the seizure of the goods by a police department, bureau, or force, in which event the remaining balance shall be paid to the police department, bureau, or force that seized the goods, to be disposed of in accordance with the provisions of Title 12 of the Criminal Procedure Article or any other law that applies to the seizure and forfeiture of the goods.

(4) If the proceeds and deposit are insufficient to pay the items enumerated in paragraph (2) of this subsection, the buyer is liable for the deficiency if:

(i) The agreement provides for liability for a deficiency; and

(ii) The holder has complied with all requirements of this subtitle, including the notice requirement of § 12-624(d) of this subtitle.

(f) The holder shall furnish to the buyer a written statement which shows the disposition of the proceeds and deposit.
Md. Code, Alcoholic Beverages and Cannabis § 12-1802 — MD Code / Article gab / Title 12 / Subtitle 18 / Section 12-1802
§12–1802.
Status: in_force

To renew a license, the license holder annually shall file an application with the Board between March 1 and March 31, inclusive.
Md. Code, Economic Development § 12-608 — MD Code / Article gec / Title 12 / Subtitle 6 / Section 12-608
§12–608.
Status: in_force

(a) The owners of nonexempt property who seek to establish a district corporation shall submit appropriate documentation as described in subsection (b) of this section to:

(1) the governing body of the county; and

(2) if the proposed district is located within a municipal corporation in the county, the governing body of the municipal corporation.

(b) The appropriate documentation required under subsection (a) of this section shall contain:

(1) a statement setting forth:

(i) the proposed name and address of the district corporation; and

(ii) the street address of each owner of nonexempt property and to the extent reasonably ascertainable, each commercial tenant within the proposed district;

(2) a statement expressing the intent to establish a district corporation that is signed by:

(i) owners of at least 51% interest in the assessed value of the nonexempt property and, subject to subsection (c) of this section, a designated board member of a condominium or cooperative housing corporation within the proposed district; and

(ii) owners of at least 51% of the total number of parcels of nonexempt property and, subject to subsection (c) of this section, a designated board member of a condominium or cooperative housing corporation within the proposed district;

(3) a proposed 3–year business plan that contains:

(i) the goals and objectives of the proposed district;

(ii) the annual proposed business improvement district tax for the proposed district’s common operations and the formula used to determine each member’s district tax; and

(iii) the maximum amount and the nature of start–up costs incurred before the district’s establishment;

(4) a tax assessor’s map of the geographic area of the proposed district;

(5) a list of the proposed initial board of the proposed district corporation;

(6) the proposed articles of incorporation and the bylaws of the district corporation; and

(7) for all nonexempt property within the proposed district:

(i) the name and mailing address of each owner; and

(ii) the most recent assessed value.

(c) (1) Notwithstanding any other provision of this title, subject to paragraph (2) of this subsection, a condominium or cooperative housing corporation that is located in the proposed district may petition to join the district corporation.

(2) A condominium or cooperative housing corporation described under paragraph (1) of this subsection may petition to join the district only if:

(i) the condominium or cooperative housing corporation is governed by a board;

(ii) the board votes to join the district corporation; and

(iii) the board has a representative member of the board sign the appropriate documents required under subsection (b)(2) of this section.

(3) For the purposes of the votes cast under subsection (b)(2) of this section:

(i) a condominium or cooperative housing corporation shall be considered a single parcel; and

(ii) the decision reached by the board shall constitute the vote of the condominium or cooperative housing corporation.

(d) Within 45 days after receiving all appropriate documentation under subsection (b) of this section, the governing body of the county or a municipal corporation in the county shall schedule a public hearing on the application.
Md. Code, Economic Development § 12-802 — MD Code / Article gec / Title 12 / Subtitle 8 / Section 12-802
§12–802.
Status: in_force

This subtitle applies only in Baltimore County.
Md. Code, Financial Institutions § 12-110 — MD Code / Article gfi / Title 12 / Subtitle 1 / Section 12-110
§12–110.
Status: in_force

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

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

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

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

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

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

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

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

(4) The information required by § 12–108(a)(2)(v) of this subtitle for each mobile unit, if any, of the licensee.

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

(c) The unique identifier assigned by NMLS to a licensee shall constitute the licensee’s license number.

(d) A license authorizes the licensee to do business under the license at any licensed location, under any licensed name and, for each mobile unit, in the geographic area listed for the mobile unit in NMLS, or as otherwise authorized by the Commissioner through regulation.
Md. Code, Economic Development § 12-1005 — MD Code / Article gec / Title 12 / Subtitle 10 / Section 12-1005
§12–1005.
Status: in_force

(a) A board of directors shall govern the district corporation.

(b) (1) Subject to paragraphs (2) through (4) of this subsection:

(i) except as provided in item (ii) of this paragraph, the board of a district corporation consists of at least nine members; or

(ii) the governing body of the county may determine a different number of members for the board if the district is connected with a business improvement district in another county or state or in the District of Columbia.

(2) (i) The board shall be representative of property owners, business owners, residents, and representatives of the local jurisdictions within the boundaries of the business improvement district.

(ii) It shall be the responsibility of the initial board of the business improvement district to determine in the district’s bylaws the specific details pertaining to board structure, including the specific number of positions, terms, and voting procedures.

(3) The board shall retain as nonvoting members the member of the Senate of Maryland and members of the House of Delegates who represent the legislative district where a district corporation is established.

(4) (i) Board seats shall be elected in accordance with an election process that is established by the governing body of the county.

(ii) To the extent practicable, the election process shall reflect the diversity of businesses and other organizations in the district.

(c) From among its members, the board shall elect a chair and other officers.

(d) (1) A majority of the voting members of the board is a quorum.

(2) The board may act on a resolution only by the affirmative vote of a majority of the voting members.

(e) A member of the board:

(1) may not receive compensation as a member of the board; but

(2) shall be reimbursed for expenses incurred in performing the member’s duties.

(f) The board shall exercise its powers by resolution.

(g) The board shall file an annual report with the governing body of the county that includes:

(1) a financial statement for the preceding year;

(2) a proposed operating budget for the current fiscal year;

(3) any proposed revisions to the business plan; and

(4) a narrative statement or chart showing the results of operations in comparison to stated goals and objectives.
Md. Code, Real Property § 12-105 — MD Code / Article grp / Title 12 / Subtitle 1 / Section 12-105
§12–105.
Status: in_force

(a) In this section, the phrase “the effective date of legislative authority for the acquisition of the property” means, with respect to a condemnor vested with continuing power of condemnation, the date of specific administrative determination to acquire the property.

(b) The fair market value of property in a condemnation proceeding is the price as of the valuation date for the highest and best use of the property which a vendor, willing but not obligated to sell, would accept for the property, and which a purchaser, willing but not obligated to buy, would pay, excluding any increment in value proximately caused by the public project for which the property condemned is needed. In addition, fair market value includes any amount by which the price reflects a diminution in value occurring between the effective date of legislative authority for the acquisition of the property and the date of actual taking if the trier of facts finds that the diminution in value was proximately caused by the public project for which the property condemned is needed, or by announcements or acts of the plaintiff or its officials concerning the public project, and was beyond the reasonable control of the property owner.

(c) The defendant property owner may elect to present as evidence in a condemnation proceeding, the assessed value of the property, as determined by the Department of Assessments and Taxation, if the assessed value is greater than the appraised value placed on the property by the condemning authority.

(d) If property is ever acquired by the exercise of the power of eminent domain, the fair market value of the property is not affected by the property having been qualified for a tax credit under § 9-208 of the Tax - Property Article. However, if the grantee of an easement purchased the easement for monetary consideration other than, or in addition to, the tax credit under § 9-208 of the Tax - Property Article, then the condemnation award shall be reduced by an amount equal to the additional consideration.
Md. Code, Local Government § 12-621 — MD Code / Article glg / Title 12 / Subtitle 6 / Section 12-621
§12–621.
Status: in_force

(a) This section applies to all counties.

(b) (1) A corporation may build a bridge over a river, creek, or stream in the State or dig, build, or maintain a canal only if the governing bodies of all counties in the State in which the bridge or canal is to be built have authorized the corporation to build the bridge or canal.

(2) A resolution of the governing body of a county authorizing the building of a bridge or canal shall be recorded:

(i) in the record of proceedings of the governing body; and

(ii) in the records of the corporation.

(c) (1) Subject to the provisions of paragraphs (2) and (3) of this subsection, a corporation may enter into an agreement with an owner of any interest in property to obtain:

(i) land necessary for:

1. a bridge abutment;

2. digging, building, and maintaining a canal; or

3. a road or highway to approach a bridge or canal; or

(ii) earth or stone for building of:

1. a bridge or canal;

2. a road or highway that approaches a bridge or canal; or

3. a terminal, dock, or wharf.

(2) A person shall convey an interest in property to a corporation under paragraph (1) of this subsection by deed properly executed and recorded.

(3) A corporation may obtain property under paragraph (1) of this subsection by condemnation under the provisions of Title 12 of the Real Property Article if:

(i) the corporation and the property owner fail to agree on the conveyance of the property;

(ii) the property owner lacks capacity to contract to convey the property; or

(iii) the property owner is absent from the State.

(d) (1) On completion of the building of a bridge or canal, the corporation shall report the completion to the governing body of the county:

(i) in writing; and

(ii) under the oath or affirmation of the corporation’s president or vice president.

(2) (i) After notification by the corporation, the governing body shall appoint three persons to examine the bridge or canal.

(ii) The persons shall report to the governing body on whether the bridge has been built in a substantial and durable manner that will promote public convenience.

(iii) The governing body shall review the report and shall ratify or reject the report.

(iv) The governing body may also appoint other persons to report on whether the bridge has been built in a substantial and durable manner that will promote public convenience.
Md. Code, Commercial Law § 12-509 — MD Code / Article gcl / Title 12 / Subtitle 5 / Section 12-509
§12–509.
Status: in_force

Notwithstanding any agreement to the contrary between a seller and the issuer of a credit card, the seller is permitted to offer a cash discount to consumers who pay cash instead of using the credit card.
Md. Code, Environment § 12-404 — MD Code / Article gen / Title 12 / Subtitle 4 / Section 12-404
§12–404.
Status: in_force

(a) The Department shall provide the necessary training throughout this State to carry out the provisions of this title.

(b) The Department shall request budget support for the federal and State approved training center in this State.
Md. Code, Public Safety § 12-905 — MD Code / Article gps / Title 12 / Subtitle 9 / Section 12-905
§12–905.
Status: in_force

(a) The Board shall formulate regulations for the safe construction, use, installation, maintenance, repair, and inspection of boilers and pressure vessels in the State.

(b) The regulations formulated by the Board shall conform as nearly as possible to the requirements of:

(1) this subtitle; and

(2) the following codes as amended and interpreted:

(i) the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers;

(ii) the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors;

(iii) the Code for Power Piping, B31.1 of the American Society of Mechanical Engineers;

(iv) the Code for Controls and Safety Devices for Automatically Fired Boilers, CSD-1 of the American Society of Mechanical Engineers;

(v) NFPA 85 Boiler and Combustion Systems Hazards Code; and

(vi) the Code for Chemical Plant and Petroleum Refinery Piping, B31.3 of the American Society of Mechanical Engineers.

(c) The regulations formulated by the Board may be adopted by the Commissioner subject to the approval of the Secretary.

(d) The Board and the Commissioner shall submit proposed amendments to regulations adopted under this subtitle to be consistent with the Maryland Building Rehabilitation Code within 90 days after any amendments to the Maryland Building Rehabilitation Code are adopted by the Department of Housing and Community Development under Subtitle 10 of this title.
Md. Code, Commercial Law § 12-1016 — MD Code / Article gcl / Title 12 / Subtitle 10 / Section 12-1016
§12–1016.
Status: in_force

(a) If a written complaint for violation of any provision of this subtitle, including the disclosure requirements of this subtitle and the federal Truth in Lending Act and regulations promulgated thereunder, or any other law of this State that regulates loans or other extensions of credit is filed with the Commissioner of Financial Regulation, the Commissioner may investigate the complaint and hold a hearing on it in accordance with § 11–413 of the Financial Institutions Article.

(b) (1) The Commissioner shall give to the credit grantor against whom a complaint is filed at least 10 days’ written notice of the complaint and the time and place of any hearing. The notice shall be in writing and sent by registered or certified mail to the credit grantor’s principal place of business.

(2) Before a hearing under this section may be scheduled, the Commissioner shall:

(i) Send a written notice to the complaining party that describes the provisions in paragraph (3) of this subsection concerning preclusion; and

(ii) Obtain from the complaining party a written:

1. Election to proceed with a hearing in accordance with this section; and

2. Waiver of any right to pursue any cause of action or remedy as to the matters addressed in the complaint or the hearing.

(3) (i) If a complaining party provides a written election and waiver as described in paragraph (2)(ii) of this subsection, the complaining party shall be precluded from raising or asserting against the credit grantor in any subsequent forum any claim, defense, setoff, recoupment, penalty for violation, or right of any kind based on the matters addressed in the complaint or the hearing.

(ii) The preclusion in subparagraph (i) of this paragraph does not apply to an appeal from the order of the Commissioner resulting from the hearing.

(4) If a complaining party fails to provide a written election and waiver as described in paragraph (2)(ii) of this subsection, the Commissioner shall not schedule a hearing on the complaint.

(c) (1) If, after the hearing, the Commissioner finds that the credit grantor has engaged or is engaging in any act or practice prohibited by this subtitle, the Commissioner shall order the credit grantor to cease and desist from the act or practice.

(2) (i) If the Commissioner finds that the act or practice described in paragraph (1) of this subsection resulted in the credit grantor collecting an amount from the complaining party not permitted under this subtitle, the Commissioner may direct the credit grantor to make a refund to the complaining party.

(ii) The Commissioner may direct a refund only up to the amount collected by the credit grantor from the complaining party that:

1. Exceeds the amount expressly permitted under this subtitle; or

2. The credit grantor is expressly not permitted to collect.

(3) (i) If an order issued under this section directs the credit grantor to make a refund as authorized in paragraph (2) of this subsection, the credit grantor may make the refund before the order becomes final.

(ii) If a credit grantor makes the refund directed by the Commissioner’s order, the order for the refund shall not become final and shall be withdrawn by the Commissioner.

(iii) Any order withdrawn by the Commissioner may not be considered evidence of the Commissioner’s interpretation of this subtitle.

(4) The order of the Commissioner shall comply with the Administrative Procedure Act.

(d) (1) If no appeal is filed, the order becomes final after expiration of the time allowed by the Administrative Procedure Act for appeals from the Commissioner’s orders.

(2) If an appeal is filed, the order becomes final after final decision of the court affirming the order or dismissing the appeal.

(e) For purposes of this section, “complaining party” means an individual who files a written complaint with the Commissioner of Financial Regulation pursuant to this section.
Md. Code, Local Government § 12-108 — MD Code / Article glg / Title 12 / Subtitle 1 / Section 12-108
§12–108.
Status: in_force

(a) Except as provided in subsection (b) of this section and notwithstanding any other provision of law, an individual appointed to a board or commission by the County Commissioners of Charles County may not serve more than two consecutive full terms.

(b) Subsection (a) of this section does not apply if the County Commissioners of Charles County determine that there is not a qualified individual to replace an incumbent who has served two consecutive full terms.
Md. Code, Family Law § 12-202 — MD Code / Article gfl / Title 12 / Subtitle 2 / Section 12-202
§12–202.
Status: in_force

(a) (1) Subject to the provisions of paragraph (2) of this subsection and subsection (c) of this section, in any proceeding to establish or modify child support, whether pendente lite or permanent, the court shall use the child support guidelines set forth in this subtitle.

(2) (i) There is a rebuttable presumption that the amount of child support which would result from the application of the child support guidelines set forth in this subtitle is the correct amount of child support to be awarded.

(ii) The presumption may be rebutted by evidence that the application of the guidelines would be unjust or inappropriate in a particular case.

(iii) In determining whether the application of the guidelines would be unjust or inappropriate in a particular case, the court may consider any financial considerations:

1. specified in an existing separation or property settlement agreement or court order, including:

A. any provisions for payment of mortgages, marital debts, or college education expenses;

B. the terms of any use and possession order or right to occupy the family home under an agreement; and

C. any direct payments made for the benefit of the children required by the agreement or order;

2. that the court deems relevant to the best interests of the child who is the subject of the child support order; or

3. that would leave the obligor with a monthly actual income below 110% of the 2019 federal poverty level for an individual.

(iv) 1. If the court determines that the application of the guidelines would be unjust or inappropriate in a particular case, the court shall make a written finding or specific finding on the record stating the reasons for departing from the guidelines.

2. The court’s finding shall state:

A. the amount of child support that would have been required under the guidelines;

B. how the order varies from the guidelines;

C. how the finding serves the best interests of the child who is the subject of the order; and

D. in cases in which items of value are conveyed instead of a portion of the support presumed under the guidelines, the estimated value of the items conveyed.

(b) After establishing a child support order, the court shall send a copy of the guideline calculation and the order to the Child Support Administration.

(c) (1) The court may decline to establish a child support order if the parent who would have the obligation to pay child support:

(i) lives with the child who would be the subject of the child support order and is contributing to the support of the child; or

(ii) 1. is unemployed;

2. has no financial resources from which to pay child support; and

3. A. is incarcerated and is expected to remain incarcerated for the remainder of the time that the parent would have a legal duty to support the child;

B. is institutionalized in a psychiatric care facility and is expected to remain institutionalized for the remainder of the time that the parent would have a legal duty to support the child;

C. is totally and permanently disabled, is unable to obtain or maintain employment, and has no income other than Supplemental Security Income or Social Security disability insurance benefits; or

D. is unable to obtain or maintain employment in the foreseeable future due to compliance with criminal detainment, hospitalization, or a rehabilitation treatment plan.

(2) The fact that a parent meets or ceases to meet the criteria described in paragraph (1) of this subsection shall constitute a material change of circumstance for the purpose of a modification of a child support award.

(d) The adoption or revision of the guidelines set forth in this subtitle is not a material change of circumstance for the purpose of a modification of a child support award.

(e) On or before January 1, 1993, and at least every 4 years after that date, the Child Support Administration of the Department of Human Services shall:

(1) review the guidelines set forth in this subtitle to ensure that the application of the guidelines results in the determination of appropriate child support award amounts; and

(2) report its findings and recommendations to the General Assembly, subject to § 2–1257 of the State Government Article.
Md. Code, Financial Institutions § 12-601 — MD Code / Article gfi / Title 12 / Subtitle 6 / Section 12-601
§12–601.
Status: in_force

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

(b) “Safe-deposit box” means a locked box or safe that is:

(1) In a vault under the control of a safe-deposit company; and

(2) Used by another person for the storage or safekeeping of property.

(c) “Safe-deposit company” means a person who is engaged in the business of renting safe-deposit boxes to others.
Md. Code, Alcoholic Beverages and Cannabis § 12-1810 — MD Code / Article gab / Title 12 / Subtitle 18 / Section 12-1810
§12–1810.
Status: in_force

Notwithstanding § 12–1503 of this title, the Board may renew a Class A or Class D beer license, beer and light wine license, or beer, wine, and liquor license originally issued to a holder of an out–of–state alcoholic beverages license.
Md. Code, Economic Development § 12-410 — MD Code / Article gec / Title 12 / Subtitle 4 / Section 12-410
§12–410.
Status: in_force

An established district may expand the geographic area of the district if:

(1) a petition for inclusion is submitted from at least 80% of the owners of the total number of parcels of nonexempt property in the geographic area proposed for inclusion in the district;

(2) the petition under item (1) of this subsection is accepted by a majority vote of the board of the district corporation; and

(3) the appropriate documents, as applicable, are submitted under § 12–407 of this subtitle and a hearing is held under § 12–408 of this subtitle.
Md. Code, Insurance § 12-305 — MD Code / Article gin / Title 12 / Subtitle 3 / Section 12-305
§12–305.
Status: in_force

(a) A claim for damage to property resulting from a motor vehicle accident may not be denied or payment of the claim delayed because the claimant, or another person, has a claim pending for bodily injury that may have arisen from the same or another accident.

(b) The amount payable for a claim for damage to property is due and owing immediately and shall be paid promptly by an insurer or by a self-insurer that is approved under § 17-103(a) of the Transportation Article if:

(1) the insurer or self-insurer has provided the coverage for the liable party; and

(2) there is no significant dispute about:

(i) the liability for the payment of the full property damages; or

(ii) the monetary amount of those damages, including:

1. if claimed, an amount for the loss of the use of the motor vehicle; and

2. the cost of obtaining an estimate of repairs.
Md. Code, Insurance § 12-301 — MD Code / Article gin / Title 12 / Subtitle 3 / Section 12-301
§12–301.
Status: in_force

(a) In this section, “insurable interest” means an actual, lawful, and substantial economic interest in the safety or preservation of the subject of the insurance against loss, destruction, or pecuniary damage or impairment to the property.

(b) A contract of property insurance or a contract of insurance of an interest in or arising from property is enforceable only for the benefit of a person with an insurable interest in the property at the time of the loss.

(c) An insurable interest in property is measured by the extent of possible harm to the insured from loss, injury, or impairment of the property.

(d) (1) This subsection applies only to an automobile insurance policy that is procured by an independent insurance producer.

(2) Upon renewal of an existing automobile insurance policy, if the insured or a person holding an insurable interest in the subject of the policy requests proof of insurance, an authorized insurer shall provide:

(i) a copy of the automobile insurance policy declarations; or

(ii) written proof of the automobile insurance that consists of:

1. the name and address of the insured and insurer;

2. a description of the vehicle, including the vehicle identification number, that is the subject of the insurance policy;

3. a description and the amount, if applicable, of the insurance coverage including applicable deductibles;

4. the inception and expiration dates of coverage;

5. the name and address of the person with an insurable interest; and

6. the premium for the applicable coverage.

(e) An insurer may require written authorization from the insured before providing proof of insurance under this section to a person other than a financial institution.
Md. Code, Corporations and Associations § 12-501 — MD Code / Article gca / Title 12 / Subtitle 5 / Section 12-501
§12–501.
Status: in_force

(a) Service of process on a statutory trust may be effected in the same manner as service of process on a Maryland corporation.

(b) In the governing instrument of a statutory trust or other writing, a trustee, beneficial owner, or other person may consent to be:

(1) Subject to:

(i) The nonexclusive jurisdiction of the courts of, or arbitration in, a specified jurisdiction;

(ii) The exclusive jurisdiction of the courts of the State; or

(iii) The exclusivity of arbitration in a specified jurisdiction or the State; and

(2) Served with legal process in the manner prescribed in the governing instrument of the statutory trust or other writing.

(c) The property of a statutory trust is subject to attachment and execution as if the statutory trust was a corporation.

(d) Notwithstanding the provisions of this section, if the governing instrument of a statutory trust, including the governing instrument of a statutory trust which is a registered investment company under the Investment Company Act of 1940, creates one or more series or classes as provided in § 12–207(b) of this title, and if separate and distinct records are maintained for any such series or class and the assets associated with any such series or class are held and accounted for separately from the other assets of the statutory trust, or any other series or class, and if the governing instrument so provides, and notice of the limitation on liabilities of a series or class as referenced in this subsection is set forth in the certificate of trust of the statutory trust, then:

(1) The debts, liabilities, obligations, and expenses incurred, contracted for, or otherwise existing with respect to a particular series or class shall be enforceable against the assets of that series or class only, and not against the assets of the statutory trust generally or any other series or class; and

(2) Unless otherwise provided in the governing instrument, none of the debts, liabilities, obligations, and expenses incurred, contracted for, or otherwise existing with respect to the statutory trust generally or any other series or class shall be enforceable against the assets of that series or class.
Md. Code, Economic Development § 12-302 — MD Code / Article gec / Title 12 / Subtitle 3 / Section 12-302
§12–302.
Status: in_force

(a) To issue a bond, a political subdivision shall adopt an ordinance or resolution that:

(1) describes the proposed undertaking to be financed by the bond proceeds;

(2) requires compliance with § 12-303 of this subtitle before the bond is issued; and

(3) specifies the maximum principal amount of the bond.

(b) As the political subdivision considers appropriate to effect the financing of the proposed undertaking, the ordinance or resolution may:

(1) specify the items listed in subsection (c) of this section;

(2) authorize the finance board of the political subdivision to specify those items by resolution or ordinance; or

(3) authorize the chief executive of the political subdivision to specify those items by executive order.

(c) For each issuance of a bond, the political subdivision may specify:

(1) the principal amount;

(2) the interest rate or, for floating or variable rates of interest, the method to determine the interest rate;

(3) the manner and terms of sale, including whether by competitive or negotiated sale;

(4) the time of execution, issuance, and delivery;

(5) the form and denomination;

(6) the source, manner, times, and places to pay principal or interest;

(7) conditions for redemption before maturity;

(8) the actions taken to comply with § 12-307 of this subtitle;

(9) the purposes for which proceeds may be spent;

(10) the source of security; and

(11) other provisions that the governing body of the political subdivision determines are necessary or desirable to effect the financing of the proposed undertaking.
Md. Code, Public Safety § 12-831 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-831
§12–831.
Status: in_force

(a) If an applicant qualifies for a license under Part III of this subtitle, the Board shall send the applicant a notice that states:

(1) the applicant has qualified for a license; and

(2) on receipt of a license fee set by the Board, the Board shall issue a license to the applicant.

(b) On payment of the license fee, the Board shall issue a license to each applicant who meets the requirements of Part III of this subtitle.
Md. Code, Transportation § 12-117 — MD Code / Article gtr / Title 12 / Subtitle 1 / Section 12-117
§12–117.
Status: in_force

In or near any building or property used by the Administration for its business, a person may not:

(1) Interfere with any person doing business for or with the Administration; or

(2) For a fee charged directly or indirectly, solicit any person:

(i) To assist that person in obtaining a driver’s license, certificate of title, vehicle registration, or other license or document; or

(ii) To file any statement for that person.
Md. Code, Financial Institutions § 12-1206 — MD Code / Article gfi / Title 12 / Subtitle 12 / Section 12-1206
§12–1206.
Status: in_force

A virtual currency operator shall maintain live customer support that, at a minimum, is:

(1) Reachable by telephone at a toll–free number; and

(2) Available Monday through Friday between 8 a.m. and 6 p.m.
Md. Code, Commercial Law § 12-628 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-628
§12–628.
Status: in_force

(a) If, as part of an installment sale, a promissory note is taken by a seller or sales finance company, the note shall refer to the agreement out of which it arises.

(b) If the note is assigned, it is subject to all defenses which the buyer might have asserted against the seller or sales finance company, except that an acknowledgment by the buyer of delivery of a copy of the agreement pursuant to § 12-605 of this subtitle is conclusive proof of the delivery in favor of an assignee of the note without actual knowledge to the contrary.
Md. Code, Alcoholic Beverages and Cannabis § 12-2501 — MD Code / Article gab / Title 12 / Subtitle 25 / Section 12-2501
§12–2501.
Status: in_force

(a) This subsection applies to an establishment that is not licensed by the Board but that is:

(1) open to the public;

(2) a place of public entertainment; or

(3) a place at which setups or other component parts of mixed alcoholic beverages are sold under a license issued under the Business Regulation Article.

(b) Except as provided in subsection (c) of this section, an establishment that is not licensed by the Board, at a location under control or possession of the establishment, may not:

(1) serve or keep alcoholic beverages; or

(2) allow alcoholic beverages to be consumed.

(c) A restaurant that is not licensed by the Board may allow a customer to consume alcoholic beverages from 6 a.m. to 2 a.m. the following day if:

(1) the alcoholic beverages are brought to the restaurant by the customer;

(2) the alcoholic beverages are consumed with a meal;

(3) there is no charge for admission to the restaurant; and

(4) the Baltimore City Fire Department determines that the maximum seating capacity of the restaurant is 50.

(d) (1) The Baltimore City Police Department may immediately close all operations of an establishment if the Department determines that the establishment is in violation of this section and that the public health, safety, or welfare requires emergency action.

(2) The establishment shall be closed until the Baltimore City Police Department determines that the public health, safety, or welfare has been restored.

(3) The owner or operator of the establishment shall be given an opportunity to request a prompt hearing in circuit court on when the establishment may reopen.

(e) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $10,000 or both.
Md. Code, State Finance and Procurement § 12-502 — MD Code / Article gsf / Title 12 / Subtitle 5 / Section 12-502
§12–502.
Status: in_force

For the purposes of this subtitle:

(1) two or more entities shall be considered as the same entity if:

(i) one entity is a wholly owned subsidiary of the other; or

(ii) one entity owns or directly or indirectly controls more than 50% of the voting securities of the other entity, regardless of whether the equity interest in that other entity is owned by a foreign government; and

(2) if an equity interest in an entity is or was owned by a foreign government, that equity interest shall be attributed to the entity.
Md. Code, Economic Development § 12-1004 — MD Code / Article gec / Title 12 / Subtitle 10 / Section 12-1004
§12–1004.
Status: in_force

(a) Subject to a public hearing under § 12–1009 of this subtitle and to accomplish a legislative purpose listed in § 12–1002 of this subtitle, the governing body of the county may adopt a local law to create a business improvement district in accordance with this subtitle.

(b) Subsection (a) of this section is self–executing and fully authorizes the county to establish a district, notwithstanding any other statutory or charter provision.

(c) A local law adopted under subsection (a) of this section shall include:

(1) the name of the district corporation;

(2) that the district corporation is formed under this subtitle;

(3) the names, addresses, and terms of office of the initial members of the board of directors of the district corporation;

(4) the address of the principal office of the district corporation;

(5) the purposes for which the district is formed;

(6) the powers of the district, subject to the limitations on the powers of districts under this subtitle; and

(7) if applicable, articles of incorporation of the district corporation.
Md. Code, Health Occupations § 12-203 — MD Code / Article gho / Title 12 / Subtitle 2 / Section 12-203
§12–203.
Status: in_force

(a) From among its members, the Board annually shall elect a president, a secretary, and a treasurer.

(b) The Board shall determine:

(1) The manner of election of officers; and

(2) The duties of each officer.
Md. Code, Business Occupations and Professions § 12-304.1 — MD Code / Article gbo / Title 12 / Subtitle 3 / Section 12-304.1
§12–304.
Status: in_force

§12–304.1.

(a) The Board may use a testing service to administer an examination given under this subtitle.

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

(1) set the time and place of examinations;

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

(3) furnish any other information that the Board may require the testing service to provide.

(c) An examination shall be given at least once per year in Baltimore City.
Md. Code, Corporations and Associations § 12-609 — MD Code / Article gca / Title 12 / Subtitle 6 / Section 12-609
§12–609.
Status: in_force

(a) In order to keep the land assessment records current in each county, the Department shall require a statutory trust, corporation, partnership, limited partnership, or limited liability company to submit with the articles of merger or consolidation a property certificate for each county where a merging or consolidating statutory trust, corporation, partnership, limited partnership, or limited liability company other than the successor owns an interest in land.

(b) A property certificate is not required with respect to any property in which the only interest owned by the merging or consolidating statutory trust, corporation, partnership, limited partnership, or limited liability company is a security interest.

(c) The property certificate shall be in the form and number of copies which the Department requires and may include the certificate of the Department required by subsection (a) of this section.

(d) (1) The property certificate shall provide a deed reference or other description sufficient to identify the property.

(2) The Department shall indicate on the certificate the time the articles of merger or consolidation are accepted for record and send a copy of it to the chief assessor of the county where the property is located.

(e) A transfer, vesting, or devolution of title to the property is not invalidated or otherwise affected by any error or defect in the property certificate, failure to file it, or failure by the Department to act on it.
Md. Code, Courts and Judicial Proceedings § 12-305 — MD Code / Article gcj / Title 12 / Subtitle 3 / Section 12-305
§12–305.
Status: in_force

The Supreme Court of Maryland shall require by writ of certiorari that a decision be certified to it for review and determination in any case in which a circuit court has rendered a final judgment on appeal from the District Court or has rendered a final judgment on appeal from an administrative decision under Title 16 of the Transportation Article if it appears to the Supreme Court of Maryland, upon petition of a party that:

(1) Review is necessary to secure uniformity of decision, as where the same statute has been construed differently by two or more judges; or

(2) There are other special circumstances rendering it desirable and in the public interest that the decision be reviewed.
Md. Code, Business Regulation § 12-203 — MD Code / Article gbr / Title 12 / Subtitle 2 / Section 12-203
§12–203.
Status: in_force

Before an individual may begin work for a dealer as an employee:

(1) the dealer shall submit to the Secretary, on the form that the Secretary provides, the name of the individual; and

(2) the individual shall apply for a national and State criminal history records check required under § 12-204(b) of this subtitle.
Md. Code, Real Property § 12-205 — MD Code / Article grp / Title 12 / Subtitle 2 / Section 12-205
§12–205.
Status: in_force

(a) Whenever a program or project undertaken by a displacing agency will result in the displacement of any person, the displacing agency shall make a payment to the displaced person, on proper application as approved by the displacing agency for:

(1) Actual reasonable expenses in moving himself, his family, business, farm operation, or other personal property;

(2) Actual direct loss of tangible personal property as a result of moving or discontinuing a business or farm operation, but not exceeding an amount equal to the reasonable expenses that would have been required to relocate the personal property, as determined by the agency;

(3) Actual reasonable expenses in searching for a replacement business or farm; and

(4) Actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization, or small business at its new site as determined by the displacing agency, but not to exceed $60,000.

(b) Any displaced person eligible for payments under subsection (a) of this section, who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (a) of this section, may receive a moving expense allowance, determined according to a schedule established by the lead agency.

(c) (1) Any displaced person eligible for payments under subsection (a) of this section who is displaced from the person’s place of business or farm operation and who is eligible under criteria established by the lead agency may elect to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (a) of this section.

(2) Such payment shall consist of a fixed payment in an amount to be determined according to criteria established by the lead agency, except that such payment may not be less than $1,000 nor more than $60,000 or the amount provided under the federal Uniform Relocation Assistance Act, whichever is greater.

(3) A person whose sole business at the displacement dwelling is the rental of such property to others shall not qualify for a payment under this subsection.
Md. Code, Alcoholic Beverages and Cannabis § 12-207 — MD Code / Article gab / Title 12 / Subtitle 2 / Section 12-207
§12–207.
Status: in_force

(a) (1) In this subsection, “direct or indirect interest” means an interest that is:

(i) proprietary;

(ii) obtained by a loan, mortgage, or lien or in any other manner; or

(iii) beneficially owned through an investment vehicle, estate, trust, or other intermediary when the beneficiary does not control the intermediary or may supervise or participate in the intermediary’s investment decisions.

(2) A member or an employee of the Board may not:

(i) have a direct or indirect interest in or on a premises where alcoholic beverages are manufactured, distributed, or sold;

(ii) have a direct or indirect interest in a business wholly or partly devoted to the manufacture, distribution, or sale of alcoholic beverages;

(iii) own stock in a corporation that has a direct or indirect interest in:

1. a premises where alcoholic beverages are manufactured, distributed, or sold; or

2. a business wholly or partly devoted to the manufacture, distribution, or sale of alcoholic beverages;

(iv) receive a salary or other compensation or any other thing of value from a business engaged in the manufacture, distribution, or sale of alcoholic beverages;

(v) solicit or receive, directly or indirectly or on behalf of another person, a commission, political contribution, remuneration, or gift from a person engaged in the manufacture, distribution, or sale of alcoholic beverages or an agent or employee of the person; or

(vi) solicit or receive, directly or indirectly, a commission, remuneration, or gift from:

1. a person engaged in the manufacture, distribution, or sale of alcoholic beverages or an agent or employee of the person; or

2. a license holder.

(b) (1) Unless the public office or employment poses a conflict of interest, a member or an employee of the Board may hold any other federal, State, or local public office or employment.

(2) A member of the Board who applies for government employment that poses a conflict of interest as determined by the State Ethics Commission shall resign from the Board by a letter addressed to the Governor.

(3) (i) If an individual who is a member or an employee of the Board seeks election to an office that would pose a conflict of interest, on filing a certificate of candidacy for election or within 30 days before the filing deadline for the primary election for the office sought, whichever occurs later, the individual shall certify to the City Board of Elections under oath that the individual is no longer a member or an employee of the Board.

(ii) The certification shall be accompanied by a letter addressed to the Governor containing the resignation of the member from the Board.

(c) (1) An employee of the Board shall devote the employee’s whole time and attention to the business of the Board during the hours designated by the Board for the performance of official duties.

(2) An employee of the Board may not:

(i) engage in an occupation, a business, or a profession that in any way is connected or associated, directly or indirectly, with the manufacture, distribution, or sale of alcoholic beverages; or

(ii) transact any business beyond the official duties of the employee:

1. with a license holder; or

2. in connection with the operation of an establishment licensed for the manufacture, distribution, or sale of alcoholic beverages.

(3) Subject to § 12–206(e)(1) of this subtitle, an employee of the Board who violates this subsection shall be removed.

(d) (1) A member or an employee of the Board shall comply with the public ethics laws of the State and the financial disclosure requirements set by the State Ethics Commission.

(2) An action of a member or an employee of the Board is subject to State requirements for open or public meetings, including requirements for open sessions under Title 3 of the General Provisions Article.
Md. Code, Financial Institutions § 12-412 — MD Code / Article gfi / Title 12 / Subtitle 4 / Section 12-412
§12–412.
Status: in_force

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

(2) “Average daily money transmission liability” means the amount of the applicant’s or licensee’s outstanding money transmission obligations in the State at the end of each day in a given quarter, added together and divided by the total number of days in that quarter.

(3) “Trust company” has the meaning stated in § 1–101 of the Estates and Trusts Article.

(b) (1) With an application for a new license, an applicant shall file a surety bond with the Commissioner.

(2) The bond shall run to the Commissioner, as obligee, for the benefit of:

(i) The State; and

(ii) Any individual who has been damaged by a violation of State law or regulation governing the business of money transmission committed by a licensee or an authorized delegate of a licensee.

(3) The bond shall be:

(i) In the amount required under subsection (d) of this section;

(ii) Issued by a surety company that:

1. Is authorized to do business in the State; and

2. Holds a certificate of authority issued by the Maryland Insurance Commissioner; and

(iii) Conditioned that the licensee and any authorized delegate of the licensee shall:

1. Comply with all State and federal laws and regulations governing the business of money transmission; and

2. Fulfill all obligations to all parties to a money transmission.

(4) The liability of the surety:

(i) Shall be continuous;

(ii) May not be aggregated or cumulative, whether or not the bond is renewed, continued, replaced, or modified;

(iii) May not be determined by adding together the penal sum of the bond, or any part of the penal sum of the bond, in existence at any two or more points in time;

(iv) Shall be considered to be one continuous obligation, regardless of increases or decreases in the penal sum of the bond;

(v) May not be affected by:

1. The insolvency or bankruptcy of the licensee;

2. Any misrepresentation, breach of warranty, failure to pay a premium, or any other act or omission of the licensee; or

3. The suspension of the licensee’s license;

(vi) May not require an administrative enforcement action by the Commissioner as a prerequisite to liability; and

(vii) Shall continue for 3 years after the later of the date on which:

1. The bond is canceled; or

2. The licensee, for any reason, ceases to be licensed.

(5) (i) A bond may be canceled by the surety or the licensee by giving notice of cancellation to the Commissioner.

(ii) Notice under subparagraph (i) of this paragraph shall:

1. Be in writing; and

2. Be sent by certified mail, return receipt requested.

(iii) A cancellation of a bond under this paragraph is not effective until 90 days after receipt of a notice of cancellation by the Commissioner.

(6) A claim against the bond may be filed with the surety by:

(i) A claimant; or

(ii) The Commissioner for the benefit of a claimant or the State.

(7) If the amount of claims under a bond exceeds the amount of the bond, the surety:

(i) Shall pay the amount of the bond to the Commissioner for pro rata distribution to claimants; and

(ii) Is relieved of liability under the bond.

(8) (i) If the penal amount of a bond is reduced by payment of a claim or judgment, the licensee shall file a new or additional bond with the Commissioner.

(ii) The Commissioner may permit a bond to be reduced or eliminated if the amount of the licensee’s payment instruments outstanding in the State are reduced.

(c) (1) A deposit in lieu of a surety bond made to satisfy the provisions of subsection (b) of this section shall:

(i) Have a market value equal to the amount required under subsection (d) of this section; and

(ii) Be held by the Commissioner to secure the same obligations as are required to be secured by a surety bond under subsection (b) of this section.

(2) At any time, a licensee may exchange investments for other investments that meet the requirements of this subsection.

(3) The Commissioner may sell or transfer investments and distribute the proceeds on the same basis as provided for claims against a surety bond under paragraph (b)(2) of this section.

(4) As long as a licensee is solvent, the licensee is entitled to receive any interest or dividends earned by the investments.

(5) (i) The Commissioner may place the investments in the custody of any qualified trust company in this State.

(ii) The licensee shall pay the compensation of this custodian.

(d) (1) The amount of the surety bond under subsection (b) of this section or the deposit in lieu of a surety bond under subsection (c) of this section shall be the greater of:

(i) $150,000; or

(ii) 100% of the applicant’s average daily money transmission liability in the State calculated for the most recently completed quarter, up to a maximum of $2,000,000.

(2) The quarters for calculating the average daily money transmission liability under paragraph (1) of this subsection for any licensee required to do so shall be the quarters ending March 31, June 30, September 30, and December 31.

(e) (1) If the penal amount of a surety bond or a deposit in lieu of a surety bond is reduced by a payment of a claim or judgment, the licensee shall file with the Commissioner evidence of any new or additional surety bond or deposit in lieu of a surety bond in the amount that the Commissioner sets.

(2) If the Commissioner at any time believes that the surety bond or the deposit in lieu of a surety bond is insufficient, exhausted, or otherwise unsatisfactory, the Commissioner may require evidence of an additional surety bond or deposit in lieu of a surety bond to be filed by the licensee.

(3) Within 30 days after the Commissioner makes a written demand for the new surety bond or deposit in lieu of a surety bond, the licensee shall file the evidence of the new surety bond or deposit in lieu of a surety bond.

(f) A penalty imposed against a licensee under § 2–115(b) of this article or § 12–426(e)(2) of this subtitle may be collected and paid from the proceeds of a surety bond or a deposit in lieu of a surety bond required under this section.
Md. Code, Commercial Law § 12-913 — MD Code / Article gcl / Title 12 / Subtitle 9 / Section 12-913
§12–913.
Status: in_force

(a) Unless otherwise provided under the express terms of the agreement governing a revolving credit plan, the provisions of Subtitle 1, 3, 4, 5, 6, or 10 of this title do not apply to any extension of credit made pursuant to a revolving credit plan if:

(1) The plan is established before October 1, 1993; and

(2) The extension of credit is made under this subtitle before October 1, 1993.

(b) For the purposes of subsection (a) of this section, an extension of credit is made under this subtitle if:

(1) The credit grantor has made a written election to do so in the agreement governing the plan; or

(2) The agreement governing the plan is offered pursuant to the provisions of this subtitle.

(c) For the purposes of subsection (a) of this section, if there is no written election to extend credit under this subtitle in the agreement governing the plan, the burden of proof is on the credit grantor to show the agreement governing the plan was offered pursuant to this subtitle.

(d) Any plan established before October 1, 1993 is not subject to § 12-913.2 of this subtitle.
Md. Code, Financial Institutions § 12-1016 — MD Code / Article gfi / Title 12 / Subtitle 10 / Section 12-1016
§12–1016.
Status: in_force

A violation of this subtitle is:

(1) An unfair or deceptive trade practice within the meaning of Title 13 of the Commercial Law Article; and

(2) Subject to the enforcement and penalty provisions of Title 13 of the Commercial Law Article.
Md. Code, Alcoholic Beverages and Cannabis § 12-2701 — MD Code / Article gab / Title 12 / Subtitle 27 / Section 12-2701
§12–2701.
Status: in_force

(a) The following sections of Title 6, Subtitle 3 (“Prohibited Acts”) of Division I of this article apply in the City without exception or variation:

(1) § 6–305 (“Proof of age for sale of alcoholic beverages”);

(2) § 6–306 (“Defense to prosecution for sale to underage individual”);

(3) § 6–308 (“Allowing on–premises consumption of alcoholic beverages not purchased from license holder”);

(4) § 6–309 (“Allowing on–premises consumption or possession of alcoholic beverages by individual under the age of 21 years”);

(5) § 6–310 (“Providing free food”);

(6) § 6–311 (“Restrictions on purchases and sales by retail dealer”);

(7) § 6–312 (“Beverage misrepresentation”);

(8) § 6–313 (“Tampering with alcoholic beverage container”);

(9) § 6–314 (“Sale of alcoholic beverage container with detachable metal tab”);

(10) § 6–315 (“Alcoholic beverage in container without regular label presumed illicit”);

(11) § 6–316 (“Maximum alcohol content”);

(12) § 6–317 (“Multiple serving purchase required”);

(13) § 6–319 (“On–premises consumption of alcoholic beverages not purchased from license holder”);

(14) § 6–320 (“Disorderly intoxication”);

(15) § 6–321 (“Consumption of alcoholic beverages in public”);

(16) § 6–323 (“Possession or use of Alcohol Without Liquid machine”);

(17) § 6–326 (“Sale of alcoholic beverages in powder or crystalline form prohibited”);

(18) § 6–327 (“Unlicensed out–of–state sale of alcoholic beverages”);

(19) § 6–328 (“Tax evasion”);

(20) § 6–329 (“Destruction of evidence”); and

(21) § 6–330 (“Perjury”).

(b) Section 6–322 (“Possession of open container”) of Division I of this article does not apply in the City.

(c) The following sections of Title 6, Subtitle 3 (“Prohibited Acts”) of Division I of this article apply in the City:

(1) § 6–304 (“Selling or providing alcoholic beverages to individual under the age of 21 years”), subject to § 12–2702 of this subtitle; and

(2) § 6–307 (“Selling or providing alcoholic beverages to intoxicated individual”), subject to § 12–2703 of this subtitle.
Md. Code, Commercial Law § 12-128 — MD Code / Article gcl / Title 12 / Subtitle 1 / Section 12-128
§12–128.
Status: in_force

(a) A lender who gives consumers an option to provide the lender a tip shall:

(1) Disclose to the consumer to whom the tip will be allocated; and

(2) Set the default tip at zero.

(b) A lender may not directly or indirectly suggest that providing a tip will influence:

(1) The lender’s willingness to provide a loan to a consumer at any time; or

(2) The terms of any loan offered to the consumer by that lender.

(c) A lender who receives a tip that would otherwise create a rate of interest above that allowed under this subtitle may not be found in violation of this subtitle if the lender returns all of the tip or that portion of the tip necessary to reduce the rate of interest to an amount allowed under this subtitle within 30 calendar days after receiving the tip.

(d) A lender shall prominently disclose that:

(1) Providing a tip does not influence the lender’s willingness to provide a loan to the consumer at any time; and

(2) Any tip paid by the consumer does not inure to the direct benefit of any specific employee of the lender or any other individual.
Md. Code, Criminal Procedure § 12-304 — MD Code / Article gcp / Title 12 / Subtitle 3 / Section 12-304
§12–304.
Status: in_force

(a) Except as provided under subsections (b), (c), and (d) of this section, a complaint seeking forfeiture shall be filed within the earlier of:

(1) 90 days after the seizure; or

(2) 1 year after the final disposition of the criminal charge for the violation giving rise to the forfeiture.

(b) A complaint for the forfeiture of a motor vehicle shall be filed within 45 days after the motor vehicle is seized.

(c) If the State or a political subdivision does not file a timely complaint seeking forfeiture under subsection (a) or (b) of this section, the property shall be promptly released to the owner, if known.

(d) (1) A proceeding about money shall be filed within 90 days after the final disposition of criminal proceedings that arise out of the Controlled Dangerous Substances law.

(2) If the State or a political subdivision does not file proceedings about money within the 90–day period, the money seized under this title shall be returned to the owner on request by the owner.

(3) If the owner fails to ask the return of the money within 1 year after the final disposition of criminal proceedings, as provided under § 12–403 of this title, the money shall revert to:

(i) the political subdivision in which the money was seized; or

(ii) the State, if the money was seized by State authorities.
Md. Code, Housing and Community Development § 12-603 — MD Code / Article ghs / Title 12 / Subtitle 6 / Section 12-603
§12–603.
Status: in_force

A State public body has the same rights and powers to cooperate with authorities in the development or administration of projects to make safe and sanitary housing available for military personnel that the State public body has under this Division II to assist in the development or administration of housing projects for persons of eligible income.
Md. Code, Business Occupations and Professions § 12-102 — MD Code / Article gbo / Title 12 / Subtitle 1 / Section 12-102
§12–102.
Status: in_force

The purposes of this title are to:

(1) protect the integrity of the potable water supply;

(2) provide for the efficient and safe discharge of storm drainage and sanitary drainage; and

(3) ensure that qualified individuals carry out items (1) and (2) of this section.
Md. Code, Health Occupations § 12-303 — MD Code / Article gho / Title 12 / Subtitle 3 / Section 12-303
§12–303.
Status: in_force

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

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

(2) Pay the application fees set by the Board.

(b) An application shall be signed and verified by the applicant as to completion of the required professional experience program.
Md. Code, State Government § 12-405 — MD Code / Article gsg / Title 12 / Subtitle 4 / Section 12-405
§12–405.
Status: in_force

(a) The application requirements enumerated in subsection (b)(5) of this section do not apply to claims relating to:

(1) courthouse security;

(2) service of process;

(3) the transportation of incarcerated individuals to or from court proceedings;

(4) personnel and other administrative activities;

(5) activities, including activities relating to law enforcement functions, arising under a multijurisdictional agreement under the supervision and direction of the Maryland State Police or other State agency; or

(6) any other activities, except for activities relating to performing law enforcement functions or detention center functions.

(b) The Board of Public Works may not pay a settlement or judgment against State personnel unless:

(1) the State personnel submits to the Board a written application that sets forth each reason of the State personnel for believing the settlement or judgment is a responsibility of the State;

(2) the Board or a hearing officer that the Board appoints holds a hearing on the application;

(3) as to a judgment, it was rendered by a court of competent jurisdiction;

(4) as to an applicant for whom the Attorney General appeared under Subtitle 3 of this title, the Attorney General files a written report and recommendation;

(5) as to an application on behalf of a sheriff or deputy sheriff of a county or Baltimore City for any claim:

(i) with respect to any settlement, the county solicitor or county attorney files a written report and recommendation and the Attorney General files a written report and recommendation; or

(ii) with respect to any judgment, the Attorney General files a written report and recommendation;

(6) on the bases of the hearing and any report and recommendation, the Board finds that:

(i) when the act or omission was made, the applicant was performing a duty within the scope of the employment of the applicant;

(ii) the act or omission was not malicious; and

(iii) the act or omission was not grossly negligent; and

(7) if there is any question whether the applicant is State personnel for purposes of this subtitle, the Board finds that, regardless of the method, source, or amount of compensation, the applicant is State personnel.
Md. Code, Economic Development § 12-111 — MD Code / Article gec / Title 12 / Subtitle 1 / Section 12-111
§12–111.
Status: in_force

(a) For each issue of its bonds, the legislative body of a county or municipal corporation, the board of directors of an authority, or the Maryland Industrial Development Financing Authority, shall adopt a resolution that:

(1) specifies and describes the facility;

(2) generally describes the public purpose to be served and the financing transaction;

(3) specifies the maximum principal amount of the bonds that may be issued; and

(4) imposes terms or conditions on the issuance and sale of bonds it considers appropriate.

(b) (1) The legislative body of a county or municipal corporation, the board of directors of an authority, or the Maryland Industrial Development Financing Authority, by resolution, may:

(i) specify, determine, prescribe, and approve matters, documents, and procedures that relate to the authorization, sale, security, issuance, delivery, and payment of and for the bonds;

(ii) create security for the bonds;

(iii) provide for the administration of bond issues through trust or other agreements with a bank or trust company that cover a countersignature on a bond, the delivery of a bond, or the security for a bond; and

(iv) take other action it considers appropriate concerning the bonds.

(2) The legislative body of a county or municipal corporation, the board of directors of an authority, or the Maryland Industrial Development Financing Authority may authorize a designee to exercise the powers provided under paragraph (1) of this subsection.

(3) A designee may be:

(i) a finance board, which shall act by resolution;

(ii) the chief executive, who shall act by executive order or otherwise; or

(iii) any other appropriate administrative officer, who shall act by order or otherwise with the approval of the chief executive.

(4) Subject to the limitations of this subtitle and the limitations the legislative body prescribes by resolution, a chief executive or an administrative officer acting under a resolution of a legislative body shall exercise the authority granted:

(i) to accomplish the legislative purposes of this subtitle; and

(ii) to accomplish the public purposes of the resolution that the legislative body adopts.

(c) (1) A resolution or trust agreement may contain a pledge or assignment of revenues received from the financing of a facility.

(2) The lien of the pledge or assignment made is valid and binding against a person with a claim against the public body, whether or not the person has notice of the lien.

(d) Notwithstanding any other public general or public local law, a public body need not file or record a resolution, trust agreement, lease, installment sale agreement, loan agreement, or other instrument that it adopts or makes under this subtitle, except in the records of the public body.

(e) A resolution adopted under this section:

(1) is administrative in nature;

(2) is not subject to procedures required for legislative acts;

(3) is not subject to referendum; and

(4) in a county or municipal corporation that has a publicly elected chief executive, is subject to approval by the chief executive.

(f) This authorization is self-executing, and fully authorizes a public body to issue and sell bonds, notwithstanding any other statutory or charter provision.
Md. Code, Alcoholic Beverages and Cannabis § 12-1702 — MD Code / Article gab / Title 12 / Subtitle 17 / Section 12-1702
§12–1702.
Status: reserved

(a) The Board shall provide notice for a public hearing as provided in § 12–1506 of this title on an application for a license transfer if:

(1) the transfer includes a transfer of location;

(2) the premises have been closed for more than 90 days unless:

(i) the transfer is due to an action of a creditor; or

(ii) the closing is caused by fire, casualty, or act of God; or

(3) for an establishment in operation, the hearing is requested by at least 10 residents in the immediate area of the establishment.

(b) (1) Section 12–1508 of this title does not apply to an application for a license transfer for the same premises unless the license to be transferred is of a broader scope or more permissive class than the license presently issued for the same premises.

(2) Section 12–1509 of this title applies to an application for a license transfer.

(c) The Board shall use the factors specified in § 4–210(a) and (b) of this article in deciding whether to approve an application for a license transfer.
Md. Code, Business Occupations and Professions § 12-601 — MD Code / Article gbo / Title 12 / Subtitle 6 / Section 12-601
§12–601.
Status: in_force

(a) Except as otherwise provided in this title, a person may not provide, attempt to provide, or offer to provide plumbing services unless licensed by the Board to provide plumbing services.

(b) Except as otherwise provided in this title, a person may not assist, attempt to assist, or offer to assist in providing plumbing services in the State unless licensed by the Board to provide or assist in providing plumbing services.

(c) Except as otherwise provided in this title, a person may not provide, attempt to provide, or offer to provide propane gas services unless licensed by the Board to provide plumbing services or certified by the Board to provide propane gas services.

(d) Except as otherwise provided in this title, a person may not provide, attempt to provide, or offer to provide natural gas services unless licensed by the Board to provide plumbing services or natural gas services.
Md. Code, Criminal Law § 12-301.1 — MD Code / Article gcr / Title 12 / Subtitle 3 / Section 12-301.1
§12–301.
Status: in_force

§12–301.1.

(a) In this subtitle, “Commission” means the State Lottery and Gaming Control Commission.

(b) (1) Except as provided in paragraphs (2) and (3) of this subsection and consistent with the provisions of this title and Title 13 of this article, the Commission shall certify and regulate the operation, ownership, and manufacture of an electronic gaming device authorized under this subtitle.

(2) This section does not apply to:

(i) the ownership or operation of slot machines that are subject to regulation by the Comptroller under § 12–304 of this title; and

(ii) paper tip jar gaming where authorized.

(3) (i) This paragraph applies only in Baltimore City and Baltimore County.

(ii) If a local law enforcement agency refuses to enforce a provision regarding the legal operation of amusement games, the Commission shall refer the matter to the appropriate office of the State’s Attorney.

(c) The Commission shall adopt regulations that:

(1) define lawful and unlawful electronic and mechanical equipment used in connection with gaming devices that are consistent with this title;

(2) approve and license electronic gaming devices authorized under State law;

(3) approve and license owners, operators, and manufacturers of electronic gaming devices authorized under State law;

(4) establish procedures for the license application and renewal processes required under this section; and

(5) establish license fees, effective on July 1, 2016, that are sufficient to cover the direct and indirect costs of licensure required under this section.

(d) (1) The Commission may determine:

(i) that a county’s licensing and regulatory process for electronic gaming devices is equivalent to the State licensing and regulatory process required under this section; and

(ii) that a county license for owning, operating, or manufacturing an electronic gaming device in that county is equivalent to a State license.

(2) If the Commission does not make a determination under paragraph (1) of this subsection, the regulations and licensing requirements of the Commission shall supersede:

(i) the application of any county fees or regulations and licensing requirements for electronic gaming devices under this subsection; or

(ii) a requirement for a county license for owning, operating, or manufacturing an electronic gaming device under this subsection.

(e) An electronic gaming device that is not licensed or otherwise operated in compliance with the provisions of this section as of January 1, 2013, is an illegal gaming device that may not legally operate in the State.

(f) (1) There is a Maryland Amusement Game Advisory Committee.

(2) The Advisory Committee shall advise the Commission on the conduct and technical aspects of the amusement game industry, including recommendations for the legality of skills–based amusement games.

(3) The Advisory Committee consists of:

(i) the following members appointed by the Governor:

1. two members selected from a list of five names submitted by the Maryland Amusement and Music Operators Association;

2. one member who is a local government official selected from a list of names submitted by the Maryland Association of Counties and the Maryland Municipal League;

3. one member who is a local law enforcement officer; and

4. one citizen representative; and

(ii) the Director of the Commission, or the Director’s designee, who shall serve as a nonvoting member of the Advisory Committee.

(4) The Governor shall designate the chair of the Advisory Committee.

(5) The Commission shall provide staff for the Advisory Committee.

(6) A member of the Advisory Committee:

(i) may not receive compensation as a member of the Advisory Committee; but

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