Md. Code, Environment § 16-402 — MD Code / Article gen / Title 16 / Subtitle 4 / Section 16-402
§16–402.
Status: in_force

(a) Any island created or formed within the confines of Sinepuxent, Isle of Wight, or Chincoteague Bay by the dumping or depositing of excavated material from dredging or any other artificial means employed by the State or the United States or both during the construction or maintenance of the Ocean City inlet and the channel in the bays, together with any accretion to any of those islands, in the past or future, are natural resources of the State and title to them is retained for the use of the Department.

(b) The Commissioner of Land Patents may not issue any patent for land created in the Chincoteague, Isle of Wight, or Sinepuxent Bay.
Md. Code, Health Occupations § 16-307 — MD Code / Article gho / Title 16 / Subtitle 3 / Section 16-307
§16–307.
Status: reserved

(a) Except as provided for a limited license in § 16-317 of this subtitle, a license expires on the date set by the Board, unless the license is renewed for an additional term as provided in this section. A license may not be renewed for a term longer than 2 years.

(b) At least 1 month before a license expires, the Board shall send to the licensee, by electronic means or first–class mail to the last known electronic or physical address of the licensee, a renewal notice that states:

(1) The date on which the current license expires;

(2) The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and

(3) The amount of the renewal fee.

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

(1) Otherwise is entitled to be licensed;

(2) Pays to the Board a renewal fee set by the Board; and

(3) Submits to the Board:

(i) A renewal application on the form that the Board requires; and

(ii) Satisfactory evidence of compliance with any continuing education requirements set under this subtitle for license renewal.

(d) The Board may establish continuing education requirements as a condition to the renewal of licenses under this section.

(e) The Board shall renew the license of each licensee who meets the requirements of this section.

(f) (1) A podiatrist has a grace period of 30 days after the podiatrist’s license expires in which to renew the license retroactively, if the podiatrist:

(i) Otherwise is entitled to have the license renewed; and

(ii) Pays to the Board the renewal fee and any late fee set by the Board.

(2) After the grace period of 30 days:

(i) The expired license lapses into a nonrenewal status; and

(ii) The Board may require the licensee to meet the requirements of § 16-308 to be reinstated.
Md. Code, Health Occupations § 16-318 — MD Code / Article gho / Title 16 / Subtitle 3 / Section 16-318
§16–318.
Status: in_force

(a) The Board may issue a temporary license to a podiatrist licensed in another state to practice or teach podiatry in this State if:

(1) The license issued from the other state has licensing requirements equivalent to those in this State; and

(2) The licensed podiatrist pays a temporary license fee as determined by the Board.

(b) A temporary license temporarily authorizes the licensee to practice podiatry, while the license is effective, only on:

(1) Patients of the health care facility or program named on the license; or

(2) Patients of a health care facility or program that is:

(i) Affiliated for training purposes with the health care facility or program named on the temporary license; and

(ii) Approved by the Board.

(c) A temporary license may be issued for a term of 3 months and may be renewed at the discretion of the Board.
Md. Code, Insurance § 16-308 — MD Code / Article gin / Title 16 / Subtitle 3 / Section 16-308
§16–308.
Status: in_force

(a) This section does not apply to a policy of life insurance issued on or after the operative date of § 16–309 of this subtitle.

(b) (1) This subsection does not apply to a policy governed by subsection (c) or (d) of this section.

(2) (i) For policies of ordinary life insurance, the adjusted premiums and present values referred to in this subtitle shall be calculated based on the Commissioners 1941 Standard Ordinary Mortality Table.

(ii) Any differential based on sex shall reflect actuarial expectancies and is subject to the Commissioner’s approval.

(3) For policies of industrial life insurance, the adjusted premiums and present values referred to in this subtitle shall be calculated based on the 1941 Standard Industrial Mortality Table.

(4) Adjusted premiums and present values shall be calculated at an interest rate, not exceeding a rate of 3.5% per year, specified in the policy for calculating cash surrender values and paid–up nonforfeiture values.

(5) In the calculation of the present value of paid–up term insurance with any accompanying pure endowment offered as a nonforfeiture benefit, the rates of mortality assumed may not exceed 130% of the rates of mortality according to the applicable table.

(6) In the calculation of adjusted premiums and present values for insurance issued on a substandard basis, the adjusted premiums and present values may be calculated based on another mortality table specified by the insurer and approved by the Commissioner.

(c) (1) This subsection applies to policies of ordinary life insurance issued:

(i) on or after January 1, 1966, but before the operative date of § 16–309 of this subtitle; or

(ii) on an operative date from June 2, 1959, to December 31, 1965, both inclusive, as specified by the insurer if the insurer filed with the Commissioner written notice of an election to comply with this subsection on a date before January 1, 1966.

(2) For policies of ordinary life insurance, the adjusted premiums and present values referred to in this subtitle shall be calculated based on the Commissioners 1958 Standard Ordinary Mortality Table and the rate of interest specified in the policy for calculating cash surrender values and paid–up nonforfeiture benefits.

(3) Adjusted premiums and present values shall be calculated at an interest rate specified in the policy for calculating cash surrender values and paid–up nonforfeiture benefits, not exceeding a rate of:

(i) 3.5% per year for policies issued on or before June 30, 1978;

(ii) 4% per year for policies issued from July 1, 1978, to June 30, 1980, both inclusive; or

(iii) 5.5% per year for policies issued on or after July 1, 1980.

(4) Adjusted premiums and present values calculated for any category of ordinary life insurance issued on female risks may be calculated according to an age not more than 6 years younger than the actual age of the insured.

(5) In the calculation of the present value of paid–up term insurance with any accompanying pure endowment offered as a nonforfeiture benefit, the rates of mortality assumed may not exceed the rates in the Commissioners 1958 Extended Term Insurance Table.

(6) In the calculation of adjusted premiums and present values for insurance issued on a substandard basis, the adjusted premiums and present values may be calculated based on another mortality table specified by the insurer and approved by the Commissioner.

(d) (1) This subsection applies to policies of industrial life insurance issued:

(i) on or after January 1, 1968, but before the operative date of § 16–309 of this subtitle; or

(ii) on an operative date from January 1, 1964, to December 31, 1967, both inclusive, as specified by the insurer if the insurer filed with the Commissioner written notice of an election to comply with this subsection on a date before January 1, 1968.

(2) For policies of industrial life insurance, the adjusted premiums and present values referred to in this subtitle shall be calculated based on the Commissioners 1961 Standard Industrial Mortality Table and the rate of interest specified in the policy for calculating cash surrender values and paid–up nonforfeiture benefits.

(3) Adjusted premiums and present values shall be calculated at an interest rate specified in the policy for calculating cash surrender values and paid–up nonforfeiture benefits, not exceeding a rate of:

(i) 3.5% per year for policies issued on or before June 30, 1978;

(ii) 4% per year for policies issued from July 1, 1978, to June 30, 1980, both inclusive; or

(iii) 5.5% per year for policies issued on or after July 1, 1980.

(4) In the calculation of the present value of paid–up term insurance with any accompanying pure endowment offered as a nonforfeiture benefit, the rates of mortality assumed may not exceed the rates in the Commissioners 1961 Industrial Extended Term Insurance Table.

(5) In the calculation of adjusted premiums and present values for insurance issued on a substandard basis, the adjusted premiums and present values may be based on another mortality table specified by the insurer and approved by the Commissioner.
Md. Code, Transportation § 16-604 — MD Code / Article gtr / Title 16 / Subtitle 6 / Section 16-604
§16–604.
Status: in_force

(a) The Administration shall adopt and enforce regulations consistent with this subtitle to implement the motorcycle safety courses in training centers throughout the State.

(b) Regulations adopted under this section shall include, but not be limited to:

(1) Curriculum, equipment, and facility standards for both classroom and laboratory phases;

(2) Minimum student performance standards for successful completion of the courses;

(3) Standards for the certification of training centers, classroom instructors, and laboratory instructors;

(4) Guidelines for payment of the State reimbursement to training centers;

(5) Standards for determining the eligibility of individuals to enroll in the courses; and

(6) Guidelines for the provision of funds, equipment, and materials by the Administration to the training centers.
Md. Code, Alcoholic Beverages and Cannabis § 16-404 — MD Code / Article gab / Title 16 / Subtitle 4 / Section 16-404
§16–404.
Status: in_force

(a) This section applies to a Class 6 pub–brewery license in the county.

(b) Section 2–208(d) of this article does not apply in the county.
Md. Code, Business Occupations and Professions § 16-4A-03 — MD Code / Article gbo / Title 16 / Subtitle 4A / Section 16-4A-03
§16–4A–03.
Status: in_force

A licensee must report any change of address to the Commission in writing within 15 days.
Md. Code, Business Occupations and Professions § 16-5B-15 — MD Code / Article gbo / Title 16 / Subtitle 5B / Section 16-5B-15
§16–5B–15.
Status: in_force

(a) An appraisal management company may not change a completed appraisal report submitted by an appraiser by:

(1) permanently removing the appraiser’s signature or seal; or

(2) adding information to, or removing information from, the appraisal report with an intent to change the valuation conclusion.

(b) (1) An appraisal management company may not require an appraiser to provide the appraisal management company with the appraiser’s digital signature or seal.

(2) Subject to the restrictions in the Uniform Standards of Professional Appraisal Practice, an appraiser may voluntarily provide the appraiser’s digital signature to another person.
Md. Code, Election Law § 16-401 — MD Code / Article gel / Title 16 / Subtitle 4 / Section 16-401
§16–401.
Status: in_force

(a) A person may not willfully and knowingly:

(1) give, transfer, promise, or offer anything of value for the purpose of inducing another person to sign or not sign any petition;

(2) request, receive, or agree to receive, anything of value as an inducement to sign or not to sign any petition;

(3) misrepresent any fact for the purpose of inducing another person to sign or not to sign any petition;

(4) sign the name of any other person to a petition;

(5) falsify any signature or purported signature to a petition;

(6) obtain, or attempt to obtain, any signature to a petition by fraud, duress, or force;

(7) circulate, cause to be circulated, or file with an election authority a petition that contains any false, forged, or fictitious signatures;

(8) sign a petition that the person is not legally qualified to sign;

(9) sign a petition more than once; or

(10) alter any petition after it is filed with the election authority.

(b) Each violation of this section shall be considered a separate offense.

(c) A person who violates this section is guilty of a misdemeanor and is subject to the penalties provided in Subtitle 10 of this title.
Md. Code, Alcoholic Beverages and Cannabis § 16-101 — MD Code / Article gab / Title 16 / Subtitle 1 / Section 16-101
§16–101.
Status: in_force

(a) In this title:

(1) the definitions in § 1–101 of this article apply without exception or variation; and

(2) the following words have the meanings indicated.

(b) “Board” means the Board of License Commissioners for Carroll County.

(c) “County” means Carroll County.
Md. Code, Environment § 16-305 — MD Code / Article gen / Title 16 / Subtitle 3 / Section 16-305
§16–305.
Status: in_force

Notwithstanding any other provision of law, a landowner shall be exempt from all local permit requirements to perform routine maintenance and repair of a bulkhead.
Md. Code, Business Regulation § 16-307 — MD Code / Article gbr / Title 16 / Subtitle 3 / Section 16-307
§16–307.
Status: in_force

(a) Except as otherwise provided in § 10–226 of the State Government Article, before the Executive Director takes any final action under § 16–306 of this subtitle, the Executive Director shall give the person against whom the action is contemplated an opportunity for a hearing before the Executive Director.

(b) The Executive Director shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(c) The Executive Director may administer oaths in a proceeding under this section.

(d) The person against whom the action is contemplated may be represented at the hearing by counsel.

(e) If, after due notice, the person against whom the action is contemplated does not appear, nevertheless the Executive Director may hear and determine the matter.
Md. Code, Alcoholic Beverages and Cannabis § 16-1803 — MD Code / Article gab / Title 16 / Subtitle 18 / Section 16-1803
§16–1803.
Status: in_force

The requirement for a criminal history records check under § 4–107 of this article does not apply to applicants for license renewal.
Md. Code, Transportation § 16-106 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-106
§16–106.
Status: in_force

(a) Each application for a driver’s license shall be made on the form that the Administration requires.

(b) The application shall state:

(1) The full name, Maryland residence address, race, sex, height, weight, general physical condition, and date of birth of the applicant;

(2) Whether the applicant previously has been refused a license to drive and, if so:

(i) By what state or country; and

(ii) The date of and reason for the refusal;

(3) Whether the applicant previously has been licensed to drive and, if so:

(i) When and by what state or country; and

(ii) Whether the license ever has been suspended, revoked, or canceled and, if so, the date of and reason for the suspension, revocation, or cancellation;

(4) Subject to the provisions of subsection (c) of this section, the applicant’s Social Security number; and

(5) Any other pertinent information that the Administration requires.

(c) An applicant shall provide:

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

(i) A current W–2 form;

(ii) A current SSA–1099 form;

(iii) A current non–SSA–1099 form; or

(iv) A current pay stub with the applicant’s name and Social Security number on it; or

(2) Satisfactory documentary evidence that the applicant is not eligible for a Social Security number.

(d) The applicant shall sign the application and certify that the statements made in it are true.

(e) (1) Except as otherwise provided in this subsection, an applicant for an original license shall submit with the application a birth certificate or other proof of age and identity that is satisfactory to the Administration.

(2) An individual party to an absolute divorce may elect to use a prior legal or true name upon filing an affidavit or other proof, satisfactory to the Administration, of:

(i) The prior name; and

(ii) The absolute divorce.

(3) An applicant who claims a name change by or under the common law of this State or any other state shall submit with the applicant’s application the following:

(i) An affidavit of the name by which the applicant is known and transacts business, as demonstrated by a Social Security card or record together with documents from at least 2 of the following categories:

1. Tax records;

2. Selective Service card or records;

3. Voter registration card or records;

4. Passport;

5. A form of identification issued by a government unit that contains a photograph of the applicant;

6. Baptismal certificate;

7. Banking records; and

8. Other proof of age and identity that is satisfactory to the Administration;

(ii) Any document required under subparagraph (i) of this paragraph reflecting the legal name previously given to, or used by, the applicant prior to assuming the common law name;

(iii) Any driver’s license issued to the applicant in the name previously used by the applicant prior to assuming the common law name; and

(iv) A copy of the applicant’s birth certificate or other proof of age and identity that is satisfactory to the Administration.

(4) An applicant shall provide satisfactory documentary evidence that the applicant has lawful status.

(f) If an individual previously licensed to drive in another jurisdiction applies for a license, the Administration may request a copy of his driving record from the other jurisdiction.

(g) If another licensing jurisdiction requests a driving record from the Administration, the Administration may send the record to it without charge.
Md. Code, Health - General § 16-406 — MD Code / Article ghg / Title 16 / Subtitle 4 / Section 16-406
§16–406.
Status: in_force

(a) (1) Except as otherwise provided in this section, if any individual is examined under a court order by a representative of the Developmental Disabilities Administration, the cost of the examination shall be assumed by this State.

(2) The Administration is subrogated to any right or right of action that the individual examined has under the terms of any insurance policy to recover the costs of this service.

(b) If the examination is requested by the individual being examined:

(1) The individual is responsible for payment of the appropriate fee; and

(2) The Developmental Disabilities Administration may ask and the court may require the individual to post a bond for payment of that fee.
Md. Code, Criminal Procedure § 16-207 — MD Code / Article gcp / Title 16 / Subtitle 2 / Section 16-207
§16–207.
Status: in_force

(a) The primary duty of the Public Defender is to provide representation for indigent individuals in accordance with this title.

(b) The Public Defender shall:

(1) be responsible generally for the operation of the Office and all district offices;

(2) prepare schedules of professional fees and expenses for panel attorneys and other professional and technical services rendered to indigent individuals other than by the Public Defender’s staff, taking into consideration the nature of the services, the time spent, the skill or experience required, and any other pertinent factor;

(3) consult and cooperate with professional groups about the causes of criminal conduct and the development of effective means to:

(i) reduce and discourage the commission of crime;

(ii) rehabilitate and correct individuals charged and convicted of crime;

(iii) administer criminal justice; and

(iv) administer and conduct the Office; and

(4) maintain financial and statistical records about each case in which the Office provides legal assistance to an indigent individual, including data to calculate all direct and indirect costs to the Office.

(c) The Public Defender may:

(1) adopt regulations to carry out the purposes of this title and promote the efficient conduct of the work and general administration of the Office, its professional staff, and other employees;

(2) make necessary arrangements to coordinate services of the Office with any federal program to provide an attorney to indigent individuals;

(3) arrange for the Office to receive money or services available to assist in the duties under this title; and

(4) accept the services of volunteer workers or consultants at no compensation or at nominal or token compensation and reimburse them for their necessary expenses.

(d) (1) Subject to paragraph (2) of this subsection, in Baltimore City, the Public Defender may contract with private or public organizations to provide legal, administrative, or technical services for indigent individuals.

(2) A contract shall require that:

(i) the level and quality of the work at least equal that of the Office; and

(ii) the Public Defender supervise and control all services rendered.
Md. Code, Environment § 16-202 — MD Code / Article gen / Title 16 / Subtitle 2 / Section 16-202
§16–202.
Status: in_force

(a) A person may not dredge or fill on State wetlands without a license.

(b) To apply for a license, the applicant shall submit a delineation of the affected tidal wetlands and all other information required by the Department.

(c) (1) Subject to paragraph (3) of this subsection, within 45 days from receipt of the application, the Department shall notify the applicant whether the application is complete and whether the delineation is correct.

(2) Subject to paragraph (3) of this subsection, if the Department fails to notify the applicant about the application or delineation within 45 days, the delineation shall be treated by the Department as correct, and the application shall be treated as complete.

(3) Upon written notice to the applicant, the Department may provide for an extension of the deadline under this subsection if the following extenuating circumstances prevent consideration of the application:

(i) Inclement weather conditions;

(ii) A review is required by a federal, State, or local government agency; or

(iii) A request is made by an applicant.

(d) (1) Subject to paragraph (2) of this subsection, once the application is complete in accordance with subsection (c) of this section, the Department shall grant, deny, or condition a license within 45 days if:

(i) The application is not subject to public notice and hearing requirements under subsection (g) of this section; or

(ii) The application does not require an action by the Board.

(2) Upon written notice to the applicant, the Department may provide for a 30–day extension of the deadline under this subsection for the following extenuating circumstances:

(i) A review is required by a federal, State, or local government agency; or

(ii) A request is made by an applicant.

(e) (1) Once the application is complete under subsection (c) of this section, the Department shall issue public notice of an opportunity to submit written comments or to request a hearing in accordance with § 5–204(b) through (e) of this article.

(2) A hearing requested under paragraph (1) of this subsection shall be held within 45 days of the hearing request, unless extenuating circumstances justify an extension of time.

(3) The hearing that may be requested under this subsection is not a contested case hearing under Title 10, Subtitle 2 of the State Government Article.

(f) The Secretary shall assist the Board in determining whether to issue a license to dredge or fill State wetlands. The Secretary shall submit a report indicating whether the license should be granted and, if so, the terms, conditions, and consideration required after consultation with any interested federal, State, and local unit, and after issuing public notice, holding any requested hearing, and taking any evidence the Secretary thinks advisable.

(g) (1) Upon receipt of a report by the Secretary, the Board shall decide if issuance of the license is in the best interest of the State, taking into account the varying ecological, economic, developmental, recreational, and aesthetic values each application presents. If the Board decides to issue the license, the issuance of the license shall be for consideration and on terms and conditions the Board determines. Every license shall be in writing.

(2) With respect to an application for a license to fill or construct a shore erosion control structure other than riprap on State wetlands, the Board may issue the license without public notice if the fill area is less than 300 feet in length parallel to the fast land as close to the fast land as structurally feasible but not more than 10 feet channelward of the mean high water line and if after a site visit the report of the Secretary recommends that the license be granted. The Board may issue a license without public notice where an emergency exists caused by act of God, natural disaster, catastrophe, or other similar natural event when the health, safety, or welfare of the citizens of the State would be jeopardized by a delay caused by time requirements for public notice. However, the license may be granted by the Board only with the concurrence of the Secretary. The Secretary shall provide prompt public notice of the emergency license issuance and the opportunity to submit written comments or to request a hearing to determine whether the emergency license shall be revoked or made permanent. If a hearing is requested, the hearing shall be scheduled within 30 days of the emergency issuance of the license.

(3) If the report of the Secretary recommends that a license be granted, the Board may issue the license without public notice:

(i) To fill or construct a shore erosion control structure of riprap on State wetlands if the fill area is less than 500 feet in length parallel to the fast land as close to the fast land as structurally feasible but not more than 10 feet channelward of the mean high water line;

(ii) To repair or replace a bulkhead for the purpose of shore erosion control where the bulkhead is presently functional, but is deteriorating or damaged, provided that the repair or replacement structure does not extend more than 18 inches channelward of the existing structure. Repair or replacement may include riprap placed along the base of the bulkhead, provided that the riprap shall not extend more than 10 feet channelward of the bulkhead;

(iii) To fill near shore shallow water bottom extending no more than 35 feet channelward of the mean high water line provided the fill area is less than 500 feet in length parallel to the fast land for the purpose of shore erosion control by landscaping and wetland plant establishment;

(iv) To construct or repair a private noncommercial boat ramp provided the ramp does not exceed 12 feet in width and extend more than 30 feet channelward of the mean high water line; or

(v) To maintenance dredge a mooring, private or commercial boat ramp, mobile boat hoist slip, or marine railway when no more than 100 cubic yards of material nor an area greater than 1,500 square feet need to be dredged.

(4) With respect to the maintenance dredging of projects in State wetlands for which a license is to be issued, the license may include provision for periodic maintenance dredging if recommended by the report of the Secretary provided that the maintenance dredging be effected:

(i) Within the area, depth, and in conformity with other limitations contained in the license;

(ii) That no more than 500 cubic yards of material be dredged at each maintenance dredging to restore licensed works;

(iii) That the material from maintenance dredging be deposited upon the designated or other upland site approved by the Secretary; and

(iv) That the Secretary be notified and approve of each maintenance dredging operation.

(5) The provisions for periodic maintenance dredging under paragraph (4) of this subsection shall be effective for no more than 6 years beyond the date of issuance of the license.

(6) If the licensee desires to continue maintenance dredging beyond the expiration date authorized in paragraph (5) of this subsection, the licensee must obtain a new license by submitting an application to the Board for review in accordance with the procedures of this section.

(h) The provisions of this section do not apply to any operation for:

(1) Dredging and filling being conducted as of July 1, 1970, as authorized under the terms of an appropriate permit or license granted under the provisions of existing State and federal law;

(2) Dredging of seafood products by any licensed operator, harvesting of seaweed, or mosquito control and abatement as approved by the Department of Agriculture;

(3) Improvement of wildlife habitat or agricultural drainage ditches as approved by an appropriate unit;

(4) Routine maintenance or repair of existing bulkheads, provided that there is no addition or channelward encroachment;

(5) Aquaculture activities occurring under a lease issued by the Department of Natural Resources under Title 4, Subtitle 11A of the Natural Resources Article; or

(6) Installing a pump, a pipe, or any other equipment attached to a pier for the cultivation of shellfish seed in a shellfish nursery under a permit issued by the Department of Natural Resources under § 4–11A–23 of the Natural Resources Article, provided that the pump, pipe, or other equipment does not require increasing the length, width, or channelward encroachment of the pier.

(i) (1) Subject to paragraph (3) of this subsection, the Board may not approve a license or an amendment to a license authorizing the dredge material deposited in the Hart–Miller Island Dredged Material Containment Facility to exceed an elevation of:

(i) 44 feet above the mean low water mark in the north cell; and

(ii) 28 feet above the mean low water mark in the south cell.

(2) Subject to paragraph (3) of this subsection, on or after January 1, 2010, the Board may not approve a license or an amendment to a license authorizing the deposit of dredge material at the Hart–Miller Island Dredged Material Containment Facility.

(3) (i) In this paragraph, “large redevelopment site” has the meaning stated in § 4–101.1 of this article.

(ii) Notwithstanding any other law, on or before December 31, 2027, the Board may approve a license or an amendment to a license authorizing the deposit of dredged material at the Hart–Miller Island Dredged Material Containment Facility if:

1. The dredged material is from a location within 1 mile of the shoreline of a large redevelopment site; and

2. The person undertaking the dredging project has, after consultation with the Hart–Miller–Pleasure Island Citizens Oversight Committee, entered into an enforceable community benefits agreement, in accordance with § 5–1103(b)(3)(iii)2 of this article.
Md. Code, Agriculture § 16-107 — MD Code / Article gag / Title 16 / Subtitle 1 / Section 16-107
§16–107.
Status: in_force

§16–107. ** CONTINGENCY – IN EFFECT – CHAPTER 131 OF 2019 **

(a) The Secretary may bring an action for an injunction against a person to:

(1) Enforce the requirements of the Program;

(2) Enforce an order issued by the Secretary under this title; or

(3) Prevent or restrain a violation of this title.

(b) In an action for an injunction brought under this section, the Secretary does not have to allege or prove that:

(1) An adequate remedy at law does not exist; or

(2) Substantial or irreparable damage would result from the continued violations.

(c) An injunction instituted under this section shall be issued without bond.
Md. Code, Election Law § 16-601 — MD Code / Article gel / Title 16 / Subtitle 6 / Section 16-601
§16–601.
Status: in_force

(a) An election judge or other election official may not willfully and knowingly:

(1) make, sign, publish, or deliver a false certificate or statement of the result of the election or any other false report of any kind; or

(2) deface, destroy, or conceal any statement, tally, certificate, or other document entrusted to the official’s care and custody.

(b) A person who violates this section is guilty of a felony and is subject to imprisonment for not less than 1 year nor more than 10 years.
Md. Code, Business Occupations and Professions § 16-305 — MD Code / Article gbo / Title 16 / Subtitle 3 / Section 16-305
§16–305.
Status: in_force

(a) Subject to the provisions of this section, the Commission may waive the examination requirements of this subtitle for an individual who is licensed to provide real estate appraisal services in another state.

(b) The Commission may grant a waiver under this section only if the applicant:

(1) pays to the Commission the application fee set by the Commission under § 16–303 of this subtitle; and

(2) provides adequate evidence that the applicant:

(i) is licensed by a state that is in compliance with Title XI of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as determined by the Appraisal Subcommittee of the federal Financial Institutions Examinations Council;

(ii) holds a valid license issued by that state; and

(iii) became licensed in the other state after meeting, in that state, requirements that are substantially equivalent to or exceed the licensing requirements of this State.
Md. Code, Insurance § 16-108 — MD Code / Article gin / Title 16 / Subtitle 1 / Section 16-108
§16–108.
Status: in_force

(a) A life insurer may hold under agreement the proceeds of a policy issued by it on the terms and restrictions as to revocation by the policyholder and control by beneficiaries, and with the exemptions from the claims of creditors of beneficiaries other than the policyholder, as set forth in the policy or as agreed to in writing by the life insurer and the policyholder.

(b) If a policyholder has not made an agreement described in subsection (a) of this section, on maturity of the policy the life insurer may hold the proceeds of the policy under an agreement with the beneficiaries.

(c) The life insurer need not segregate any funds held under this section, but may hold the funds as part of the life insurer’s general assets.
Md. Code, Commercial Law § 16-201 — MD Code / Article gcl / Title 16 / Subtitle 2 / Section 16-201
§16–201.
Status: in_force

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

(b) “Aircraft” includes any part of an aircraft.

(c) “Boat” includes any part of a boat.

(d) “Clerk of the court” means the clerk of the circuit court of a county.

(e) “Mobile home” has the meaning stated in § 8A–101(c) of the Real Property Article.

(f) (1) “Motor vehicle” has the meaning stated in Title 11 of the Transportation Article.

(2) “Motor vehicle” includes any part of a motor vehicle.

(g) “Park owner” has the meaning stated in § 8A–101(f) of the Real Property Article.

(h) “Property” means any aircraft, boat, mobile home, or motor vehicle.

(i) “Resident” has the meaning stated in § 8A–101(j) of the Real Property Article.
Md. Code, Business Occupations and Professions § 16-219 — MD Code / Article gbo / Title 16 / Subtitle 2 / Section 16-219
§16–219.
Status: in_force

The Commission exercises its powers, duties, and functions subject to the authority of the Secretary.
Md. Code, Education § 16-610 — MD Code / Article ged / Title 16 / Subtitle 6 / Section 16-610
§16–610.
Status: in_force

(a) Each year the Board of Trustees and the president of the College shall prepare and submit to the county commissioners:

(1) An annual report;

(2) An operating budget;

(3) A capital budget; and

(4) If required, a long–term capital improvement program.

(b) The operating budget shall show:

(1) All revenues estimated for the next fiscal year classified by funds and sources of income;

(2) All expenditures requested, including the major functions listed under § 16–304(b) of this title; and

(3) Any other information or supporting data required by the county commissioners.

(c) The county commissioners in each county shall review and approve the budget request made to that county and may reduce it.

(d) The operating budget of the College as outlined in this section shall be submitted to the Commission for informational purposes.
Md. Code, Land Use § 16-206 — MD Code / Article glu / Title 16 / Subtitle 2 / Section 16-206
§16–206.
Status: in_force

(a) If the Commission and an employee organization dispute the eligibility of an employee in a bargaining unit, the dispute shall be submitted to the labor relations administrator.

(b) The labor relations administrator shall hold evidentiary hearings at which the Commission and interested employee organizations shall have the opportunity to present testimony, documentary and other evidence, and arguments.

(c) The decision of the labor relations administrator is final.

(d) The Commission and the employee organization shall share equally the costs of the hearings.
Md. Code, Education § 16-603 — MD Code / Article ged / Title 16 / Subtitle 6 / Section 16-603
§16–603.
Status: in_force

(a) (1) There is a College of Southern Maryland, formerly known as the Charles County Community College, located in Calvert, Charles, and St. Mary’s counties, Maryland.

(2) With other educational institutions, the College shall provide the services and programs described in § 10-210 of this article.

(b) The College is an institution of higher education of the State of Maryland.

(c) Notwithstanding any other provision of this subtitle, the College shall be classified as a “local educational agency (LEA)”, as defined in federal law, for purposes of federal subsidies, grants, contracts, and other programs of support for which a community college is eligible.

(d) Calvert, Charles, and St. Mary’s counties may appropriate money to pay the cost of operating the College according to the provisions of this article.

(e) (1) Each southern Maryland county may borrow money to purchase land and construct capital improvements for the College.

(2) Money may be borrowed on terms and conditions the county commissioners consider proper, subject to any requirements of local law applicable to the creation of public debt.

(f) (1) Unless otherwise agreed to by the county commissioners, the capital expenditures for each campus are the responsibility of the county in which the campus is located.

(2) The distribution of shared costs will be that of a regional community college as designated in § 11-105(j)(6)(i) of this article.
Md. Code, State Finance and Procurement § 16-305 — MD Code / Article gsf / Title 16 / Subtitle 3 / Section 16-305
§16–305.
Status: in_force

(a) While a final decision on a debarment is pending, the Board may suspend a person from:

(1) being considered for the award of, being awarded, or performing a contract with a public body, if the debarment proceedings are instituted under § 16-202(b) of this title; or

(2) being considered for the award of, being awarded, or performing a contract with the State, if the debarment proceedings are instituted under § 16-203 of this title.

(b) A business is suspended to the same extent that a person is suspended under this section if:

(1) the suspended person’s debarment would cause the debarment of the business under § 16-307 of this subtitle; and

(2) the Board notifies the business in writing of its suspension under this subsection.

(c) (1) A person or business suspended under this section may petition the Board to modify or terminate the suspension.

(2) In its discretion, the Board may conduct, in accordance with Title 10, Subtitle 2 of the State Government Article, a hearing concerning a petition received under paragraph (1) of this subsection.

(3) In considering a petition received under paragraph (1) of this subsection, the Board shall conclude whether the integrity of the contracting process and the best interests of the State would be served by continuing, modifying, or terminating the suspension.

(4) The Board shall give the person or business petitioning for modification or termination of a suspension written notice of the Board’s decision.
Md. Code, Election Law § 16-802 — MD Code / Article gel / Title 16 / Subtitle 8 / Section 16-802
§16–802.
Status: in_force

(a) A person may not willfully and knowingly:

(1) tamper with, damage, or attempt to damage any voting equipment that is used or will be used in an election; or

(2) prevent or attempt to prevent the correct operation of any voting equipment that is used or will be used on the day of election.

(b) An unauthorized person may not make or have in the person’s possession a key to any voting equipment that is used or will be used on the day of election.

(c) A person who violates this section is guilty of a felony and is subject to a fine of not more than $10,000 or imprisonment for not more than 3 years or both.
Md. Code, Alcoholic Beverages and Cannabis § 16-405 — MD Code / Article gab / Title 16 / Subtitle 4 / Section 16-405
§16–405.
Status: in_force

(a) This section applies to a Class 7 micro–brewery license in the county.

(b) (1) In this subsection, “protected building” means:

(i) an elementary school;

(ii) a secondary school; or

(iii) a church or other place of worship.

(2) Paragraph (3) of this subsection does not apply to a micro–brewery that was in existence on July 1, 1997.

(3) (i) A micro–brewery may not be located within 300 feet of a protected building.

(ii) The distance shall be measured from the nearest point of the building in which the micro–brewery is located to the nearest point of the property line on which the protected building is located.

(4) Notwithstanding paragraph (3) of this subsection, if a micro–brewery was established at its licensed premises before a protected building was established within 300 feet of the micro–brewery, the Executive Director may renew the license of the micro–brewery.
Md. Code, Insurance § 16-114 — MD Code / Article gin / Title 16 / Subtitle 1 / Section 16-114
§16–114.
Status: in_force

(a) In this section, “community foundation” means a nonprofit organization that is:

(1) formed to receive contributions and distribute money to meet cultural, educational, charitable, environmental, civic, or other similar needs of a community; and

(2) governed by a board of private citizens who reside in the community.

(b) An educational or religious organization, hospital, or community foundation may not make or issue in the State agreements for annuity payments with donors until it has obtained from the Commissioner a special permit issued in accordance with this section.

(c) (1) On application, the Commissioner may issue a special permit to make agreements for annuity payments with donors to an educational or religious organization not conducted for profit and engaged in bona fide educational or religious activities, to a hospital in the State, or to a community foundation if the educational or religious organization, hospital, or community foundation:

(i) except as provided in paragraph (2) of this subsection, has been in active operation in the State for at least 10 years before issuance of the special permit; and

(ii) has been granted exemption from federal income taxation under § 501 of the Internal Revenue Code.

(2) The Commissioner may issue a special permit to a community foundation that has been in existence for at least 5 years but less than 10 years if the community foundation maintains assets in an amount up to 100% of the contributions made to the community foundation, as determined by the Commissioner.

(d) (1) Each special permit holder shall have and maintain assets at least equal to adequate reserves on its outstanding agreements for annuity payments with donors as indicated by its audited fiscal year–end financial statements.

(2) In determining the reserves of a special permit holder on outstanding agreements for annuity payments with donors, a deduction shall be made for all or part of an annuity risk that is reinsured by an authorized life insurer.

(3) (i) Subject to paragraph (5) of this subsection, a special permit holder shall submit annually audited fiscal year–end financial statements to the Commissioner within 180 days after the end of the special permit holder’s fiscal year.

(ii) The financial statements required under subparagraph (i) of this paragraph shall be:

1. presented in conformity with generally accepted accounting principles; and

2. audited by a certified public accountant.

(4) The audited fiscal year–end financial statements shall be treated as confidential by the Commissioner and are not available for public inspection.

(5) On application by the special permit holder, the Commissioner:

(i) may waive the requirement of audited fiscal year–end financial statements; and

(ii) may require instead additional documents or information that the Commissioner considers necessary.

(e) A special permit issued under this section authorizes the special permit holder to receive gifts of money or other property conditional on, or in consideration of, the special permit holder’s agreement to pay an annuity to the donor or the donor’s nominee and to make and carry out agreements for annuity payments with donors.

(f) A special permit is in effect only as long as the special permit holder is exempt from federal income taxation under § 501 of the Internal Revenue Code.

(g) (1) If the Commissioner finds, after notice and hearing, that a special permit holder has failed to comply with the requirements of this section or is not exempt from federal income taxation under § 501 of the Internal Revenue Code, the Commissioner may:

(i) revoke or suspend the special permit; or

(ii) order the special permit holder to stop making new agreements for annuity payments with donors until the requirements have been satisfied.

(2) In case of revocation or suspension, outstanding agreements for annuity payments with donors shall remain in force.

(3) The action of the Commissioner under this subsection is subject to judicial review under § 2–215 of this article.

(h) (1) Except as otherwise provided in this section, a special permit holder is exempt from the provisions of this article with respect to issuing annuities.

(2) Special permit holders are not subject to a law enacted after June 1, 1957, unless they are expressly designated in the law.

(i) (1) Other than by agreements for annuity payments with donors, an educational or religious organization, hospital, or community foundation may agree to:

(i) accept conditional donations; and

(ii) pay to the donor or the donor’s nominee a specified return established with reference to the actual net earnings of the particular donation or with reference to the actual or estimated earnings of a specified fund of the donee organization.

(2) An educational or religious organization, hospital, or community foundation that accepts conditional donations and pays a specified return to donors under paragraph (1) of this subsection is exempt from this section and all other provisions of this article with respect to issuing annuities.

(3) Educational or religious organizations, hospitals, or community foundations that accept conditional donations and pay specified returns to donors under this subsection are not subject to any law enacted after June 1, 1957, unless they are expressly designated in the law.

(j) Notwithstanding the absence of express power in the charter of a domestic educational, religious, or hospital corporation or community foundation, the corporation or community foundation may make the agreements for annuity payments with donors or other agreements with respect to conditional donations that are expressly allowed by this section.
Md. Code, Estates and Trusts § 16-104 — MD Code / Article get / Title 16 / Subtitle 1 / Section 16-104
§16–104.
Status: in_force

A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
Md. Code, Business Occupations and Professions § 16-703 — MD Code / Article gbo / Title 16 / Subtitle 7 / Section 16-703
§16–703.
Status: in_force

Except as otherwise provided in this title, a person may not provide, attempt to provide, or offer to provide certified real estate appraisal services in the State unless certified by the Commission as a real estate appraiser.
Md. Code, Local Government § 16-114 — MD Code / Article glg / Title 16 / Subtitle 1 / Section 16-114
§16–114.
Status: in_force

(a) In this section, “common ownership community” means:

(1) a condominium organized under Title 11 of the Real Property Article;

(2) a homeowners association organized under Title 11B of the Real Property Article; or

(3) a cooperative housing corporation organized under Title 5, Subtitle 6B of the Corporations and Associations Article.

(b) By ordinance, Prince George’s County may impose a fee to provide administrative hearing services for the resolution of disputes involving a common ownership community located in the county.

(c) Prince George’s County may specify in the ordinance:

(1) which remedies must be exhausted before administrative hearing services may be utilized; and

(2) the process involved in the administrative hearing services.
Md. Code, Commercial Law § 16-202 — MD Code / Article gcl / Title 16 / Subtitle 2 / Section 16-202
§16–202.
Status: in_force

(a) (1) Any person who, with the consent of the owner, has custody of an aircraft and who, at the request of the owner, provides a service to or materials for the aircraft, has a lien on the aircraft for any charge incurred for any:

(i) Inspection, maintenance, repair, servicing, or rebuilding;

(ii) Storage, parking, handling, or tiedown; or

(iii) Parts, accessories, materials, or supplies.

(2) The operator of any airport on which an aircraft lands or which is otherwise used by an aircraft has a lien on the aircraft for any landing fee, flight fee, or other charge so incurred.

(3) A lien is created under this subsection when any charges giving rise to the lien are incurred.

(b) (1) Any person who, with the consent of the owner, has custody of a boat and who, at the request of the owner, provides a service to or materials for the boat, has a lien on the boat for any charge incurred for any:

(i) Repair, rebuilding, maintenance, servicing, or wet or dry wharfage;

(ii) Storage; or

(iii) Parts or accessories.

(2) A lien is created under this subsection when any charges giving rise to the lien are incurred.

(c) (1) Any person who, with the consent of the owner, has custody of a motor vehicle and who, at the request of the owner, provides a service to or materials for the motor vehicle, has a lien on the motor vehicle for any charge incurred for any:

(i) Repair or rebuilding;

(ii) Storage; or

(iii) Tires or other parts or accessories.

(2) A lien is created under this subsection when any charges set out under paragraph (1) of this subsection giving rise to the lien are incurred.

(d) (1) A park owner has a lien against a resident’s mobile home, if the park owner obtains a judgment against the resident under Title 8A, Subtitle 17 of the Real Property Article, and the resident fails to yield and render possession of the premises as ordered by the court.

(2) A lien under this subtitle shall be:

(i) Stayed if the resident files an appeal in accordance with Title 8A, Subtitle 17 of the Real Property Article; and

(ii) Extinguished if the resident redeems the premises in accordance with Title 8A, Subtitle 17 of the Real Property Article.

(3) A lien is created under this subsection when the resident fails to yield and render possession of the premises as ordered by the court.
Md. Code, Housing and Community Development § 16-112 — MD Code / Article ghs / Title 16 / Subtitle 1 / Section 16-112
§16–112.
Status: in_force

(a) The County Executive and County Council may require an audit of the books of the Montgomery Commission.

(b) To perform the audit, the County Executive and County Council may choose:

(1) an independent certified public accountant licensed by the State; or

(2) a firm of certified public accountants licensed by the State.

(c) The Montgomery Commission shall pay for the audit out of its operating budget.
Md. Code, Alcoholic Beverages and Cannabis § 16-2003 — MD Code / Article gab / Title 16 / Subtitle 20 / Section 16-2003
§16–2003.
Status: in_force

A holder of a Class A wine license may sell wine on Sunday.
Md. Code, Economic Development § 16-102 — MD Code / Article gec / Title 16 / Subtitle 1 / Section 16-102
§16–102.
Status: in_force

(a) (1) There is a Purple Line Construction Zone Grant Program.

(2) The purpose of the Grant Program is to provide funds to Montgomery County and Prince George’s County to provide assistance to qualified small businesses to assist in offsetting business revenue lost as a result of the construction of the Purple Line light rail project in those counties.

(3) In each of fiscal years 2023 and 2024, the Department of Commerce shall provide $1,000,000 in general funds to the Grant Program to assist qualified small businesses.

(b) (1) The Department of Commerce shall implement the Grant Program.

(2) The Department shall distribute funds provided for the Grant Program based on the number of qualified small businesses located in Montgomery County and Prince George’s County.

(c) A county that receives funds under this section shall implement a process for awarding grants to eligible qualified small businesses.

(d) (1) The Department of Commerce may distribute funding in accordance with subsection (b) of this section and a county may award grants until all the money allotted for the Grant Program has been distributed or awarded or until December 31, 2024, whichever occurs first.

(2) Any money that has not been distributed or awarded on or before December 31, 2024, shall revert to the Maryland Economic Development Assistance Fund.
Md. Code, Business Occupations and Professions § 16-802 — MD Code / Article gbo / Title 16 / Subtitle 8 / Section 16-802
§16–802.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all regulations adopted under this title shall terminate and be of no effect after July 1, 2026.
Md. Code, Transportation § 16-702 — MD Code / Article gtr / Title 16 / Subtitle 7 / Section 16-702
§16–702.
Status: in_force

The Driver License Compact is enacted into law and entered into with other jurisdictions that join in the Compact in the form substantially as the Compact appears in § 16-703 of this subtitle.
Md. Code, Criminal Procedure § 16-202 — MD Code / Article gcp / Title 16 / Subtitle 2 / Section 16-202
§16–202.
Status: in_force

There is an Office of the Public Defender in the Executive Branch of State government.
Md. Code, Alcoholic Beverages and Cannabis § 16-1202 — MD Code / Article gab / Title 16 / Subtitle 12 / Section 16-1202
§16–1202.
Status: in_force

(a) There is a Class HC caterer’s (on–sale and limited off–sale) beer, wine, and liquor license.

(b) The Board may issue the license to the holder of a Class H caterer’s beer, wine, and liquor license.

(c) The license authorizes a holder to:

(1) sell beer, wine, and liquor 7 days a week at a catered event for consumption:

(i) on the licensed premises; or

(ii) on the premises where the catered event is held; and

(2) exercise the privileges of the license only during the hours and on the days authorized for a Class B hotel or restaurant (on– and off–sale) beer, wine, and liquor license.

(d) The license holder shall provide food for consumption at the catered event.

(e) (1) Subject to paragraph (2) of this subsection, in a calendar year the license holder may hold not more than eight events that the license holder sponsors.

(2) An event that the license holder sponsors may be held only at a location and on a date that the Board approves in accordance with regulations that the Board adopts.

(f) The annual license fee is $250 greater than the annual fee for a Class B hotel or restaurant (on– and off–sale) beer, wine, and liquor license.
Md. Code, Insurance § 16-510 — MD Code / Article gin / Title 16 / Subtitle 5 / Section 16-510
§16–510.
Status: in_force

This subtitle is the Maryland Standard Nonforfeiture Law for Individual Deferred Annuities and shall be interpreted in a manner consistent with the Standard Nonforfeiture Model Law for Individual Deferred Annuities published by the National Association of Insurance Commissioners.
Md. Code, Local Government § 16-401 — MD Code / Article glg / Title 16 / Subtitle 4 / Section 16-401
§16–401.
Status: in_force

This subtitle shall be liberally construed.
Md. Code, Transportation § 16-812 — MD Code / Article gtr / Title 16 / Subtitle 8 / Section 16-812
§16–812.
Status: reserved

(a) The Administration shall disqualify any individual from driving a commercial motor vehicle for a period of 1 year if:

(1) The individual is convicted of committing any of the following offenses while driving a commercial motor vehicle:

(i) A violation of § 21–902 of this article;

(ii) A violation of a federal law or any other state’s law which is substantially similar in nature to the provisions in § 21–902 of this article;

(iii) Leaving the scene of an accident which requires disqualification as provided by the United States Secretary of Transportation;

(iv) A crime, other than a crime described in subsection (e) of this section, that is punishable by imprisonment for a term exceeding 1 year;

(v) A violation of § 25–112 of this article; or

(vi) A violation of § 2–209, § 2–503, § 2–504, § 2–505, or § 2–506 of the Criminal Law Article;

(2) The individual holds a commercial instructional permit or commercial driver’s license and is convicted of committing any of the following offenses while driving a noncommercial motor vehicle:

(i) A violation of § 21–902(a), (c), or (d) of this article;

(ii) A violation of a federal law or any other state’s law which is substantially similar in nature to the provisions in § 21–902(a), (c), or (d) of this article;

(iii) Leaving the scene of an accident which requires disqualification as provided by the United States Secretary of Transportation; or

(iv) A crime, other than a crime described in subsection (e) of this section, that is punishable by imprisonment for a term exceeding 1 year;

(3) The individual, while driving a commercial motor vehicle or while holding a commercial instructional permit or commercial driver’s license, refuses to undergo testing as provided in § 16–205.1 of this title or as is required by any other state’s law or by federal law in the enforcement of 49 C.F.R. § 383.51 Table 1, or 49 C.F.R. § 392.5(a)(2);

(4) The individual drives or attempts to drive a commercial motor vehicle while the alcohol concentration of the person’s blood or breath is 0.04 or greater;

(5) The individual, while holding a commercial instructional permit or commercial driver’s license, drives or attempts to drive any motor vehicle while the alcohol concentration of the person’s blood or breath is 0.08 or greater; or

(6) The individual drives a commercial motor vehicle when, as a result of prior violations committed while driving a commercial motor vehicle, the driver’s commercial instructional permit or commercial driver’s license is revoked, suspended, or canceled or the driver is disqualified from driving a commercial motor vehicle.

(b) If any of the offenses in subsection (a) of this section occurred while transporting a hazardous material required to be placarded, the Administration shall disqualify the individual for a period of 3 years.

(c) The Administration shall disqualify any person from driving a commercial motor vehicle for life for 2 or more violations of any of the offenses specified in subsection (a) or (b) of this section, or any combination of those offenses, arising from 2 or more separate incidents.

(d) The Administration shall adopt regulations establishing guidelines, including conditions, under which a disqualification for life may be reduced to a period of time which may be permitted by federal regulations.

(e) The Administration shall disqualify any person from driving a commercial motor vehicle for life who is convicted of using a motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled dangerous substance, or possession with intent to manufacture, distribute, or dispense a controlled dangerous substance.

(f) The Administration shall disqualify any person from driving a commercial motor vehicle for a period of 60 days if convicted under the laws of this State or any other state of 2 serious traffic violations arising from separate incidents occurring within a 3–year period committed:

(1) While operating a commercial motor vehicle; or

(2) While holding a commercial instructional permit or commercial driver’s license and operating a noncommercial vehicle, and the conviction would result in suspension, revocation, or cancellation of the driver’s license.

(g) The Administration shall disqualify any person from driving a commercial motor vehicle for a period of 120 days if convicted under the laws of this State or any other state of 3 serious traffic violations arising from separate incidents occurring within a 3–year period committed:

(1) While operating a commercial motor vehicle; or

(2) While holding a commercial instructional permit or commercial driver’s license and operating a noncommercial motor vehicle, and the conviction would result in suspension, revocation, or cancellation of the driver’s license.

(h) The Administration may disqualify a person from driving a commercial motor vehicle for a controlled dangerous substance offense in the manner provided under Article 41, Title 1, Subtitle 5 of the Code.

(i) (1) In this subsection the following terms have the meanings indicated:

(i) “Commercial motor vehicle” means:

1. A “commercial motor vehicle” as defined in § 16–803 of this subtitle; and

2. Except as provided in § 16–803(c)(2) of this subtitle, any self–propelled or towed vehicle used on a public highway to transport passengers or property, if the vehicle has a gross vehicle weight rating of 10,001 or more pounds.

(ii) “Out–of–service order” means a declaration by an authorized enforcement officer of a federal, State, Canadian, Mexican or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation, is put out of service pursuant to Title 49, §§ 386.72, 392.5, 392.9A, 395.13, and 396.9 of the Code of Federal Regulations, compatible laws, or the North American Uniform Out–of–Service Criteria.

(2) A driver who is convicted of violating an out–of–service order while driving a commercial motor vehicle is:

(i) Disqualified for the period of time specified in regulation by the United States Secretary of Transportation; and

(ii) Subject to the civil penalties specified in regulation by the United States Secretary of Transportation.

(j) A driver who is convicted of a violation of any of the provisions of §§ 21–701 through 21–704 of this article pertaining to railroad grade crossings or any other federal, state, or local law or regulation pertaining to railroad grade crossings that is substantially similar to §§ 21–701 through 21–704 of this article, while operating a commercial motor vehicle, is disqualified for the period of time specified in regulation by the United States Secretary of Transportation.

(k) (1) The Administration shall cancel a commercial instructional permit or commercial driver’s license if the applicant provides information that is incomplete or incorrect.

(2) If the Administration determines, in its check of an applicant’s license status and record prior to issuing a commercial instructional permit or commercial driver’s license, or at any time after the commercial instructional permit or commercial driver’s license has been issued, that the applicant has falsified any information or certification submitted in connection with an application for a commercial instructional permit or commercial driver’s license, the Administration shall suspend, cancel, or revoke the commercial instructional permit or commercial driver’s license or pending application, or disqualify the person from operating a commercial motor vehicle, for a period of not less than 60 days.

(3) The Administration shall cancel the commercial driver’s license of any individual who fails to submit to the Administration a current certificate of physical examination, as required under 49 C.F.R. § 391.43 and § 391.45.

(l) After suspending, revoking, or canceling a commercial instructional permit or commercial driver’s license, or after disqualifying a person who holds a commercial instructional permit or commercial driver’s license from operating a commercial motor vehicle, the Administration shall update its records to reflect that action within 10 days.

(m) After suspending, revoking, or canceling a nonresident commercial driver’s privilege, or after disqualifying a nonresident driver from operating a commercial motor vehicle, the Administration shall notify the licensing authority of the state which issued the commercial instructional permit or commercial driver’s license within 10 days.

(n) An individual who is disqualified from driving a commercial motor vehicle under this section shall surrender the individual’s driver’s license to the Administration.

(o) (1) The Administration may issue a noncommercial driver’s license of an appropriate class to an individual who is disqualified or whose commercial driver’s license is canceled under this section if:

(i) The individual surrenders the commercial instructional permit or commercial driver’s license; and

(ii) The individual’s driving privilege is not otherwise refused, suspended, revoked, or canceled in this State or any other state.

(2) (i) The Administration may immediately reinstate an individual’s noncommercial driving privilege and, subject to subparagraph (ii) of this paragraph, issue a noncommercial driver’s license of an appropriate class to an individual whose commercial driver’s license is canceled under subsection (k)(3) of this section if:

1. The cancellation results solely from the failure to submit a certificate of physical examination;

2. The individual’s driving privilege is not expired; and

3. The individual’s driving privilege is not otherwise refused, suspended, revoked, or canceled in this State or any other state.

(ii) The Administration may not issue a noncommercial driver’s license under this paragraph unless the individual surrenders the commercial driver’s license.

(p) (1) (i) On termination of a disqualification period of less than 1 year, an individual may apply for restoration of the individual’s commercial instructional permit or commercial driver’s license.

(ii) The Administration shall reissue a commercial instructional permit or commercial driver’s license under this paragraph when the applicant pays any required fees.

(2) On termination of a disqualification period of at least 1 year, an individual may apply for a new commercial instructional permit or commercial driver’s license.

(3) The Administration shall issue a commercial instructional permit or commercial driver’s license to the applicant when the applicant:

(i) Passes the skills and knowledge tests required by this subtitle;

(ii) Is eligible to drive pursuant to the Commercial Driver’s License Information System, and National Driver’s Register;

(iii) Surrenders any previously issued driver’s instructional permit or license; and

(iv) Pays the fees required by § 16–818(a)(1) of this subtitle.

(q) If an individual is disqualified based on multiple offenses committed at the same time, or arising out of circumstances simultaneous in time and place, or arising out of the same incident, the Administration:

(1) Shall disqualify the individual from driving a commercial motor vehicle for the offense which results in the lengthiest period of disqualification; and

(2) May not impose any additional periods of disqualification for the remainder of the offenses.

(r) Notwithstanding any other provision of law, an offense described in this section or § 16–205.1 of this title committed by an individual in a noncommercial motor vehicle may not be considered an offense for the purposes of disqualification if the offense occurred before:

(1) September 30, 2005; or

(2) The initial issuance to the individual of a commercial instructional permit by any state.
Md. Code, Business Regulation § 16-202 — MD Code / Article gbr / Title 16 / Subtitle 2 / Section 16-202
§16–202.
Status: in_force

(a) Except as provided in subsection (b) of this section, a person must have an appropriate license whenever the person acts as a manufacturer, retailer, storage warehouse, subwholesaler, vending machine operator, or wholesaler in the State.

(b) A person need not get a retailer license to act as a retailer at a vending stand operated under a trader’s license issued to Blind Industries and Services of Maryland.

(c) A license to act as a retailer is required for each place of business where a person acts as a retailer.

(d) (1) A person licensed as a manufacturer, or person connected with the business of a licensed manufacturer or related by ownership, may not at the same time hold or have any financial interest in a wholesaler license or in any business of a wholesaler.

(2) A person licensed as a wholesaler, or person connected with the business of a licensed wholesaler or related by ownership, may not at the same time hold or have any financial interest in a manufacturer license or in any business of a manufacturer.
Md. Code, Insurance § 16-313 — MD Code / Article gin / Title 16 / Subtitle 3 / Section 16-313
§16–313.
Status: in_force

This subtitle is the Maryland Standard Nonforfeiture Law for Life Insurance.
Md. Code, Land Use § 16-309 — MD Code / Article glu / Title 16 / Subtitle 3 / Section 16-309
§16–309.
Status: in_force

(a) The Commission and the exclusive representative shall execute a collective bargaining agreement incorporating all matters agreed.

(b) A collective bargaining agreement may include a provision for:

(1) dues and maintenance or service fees paid by payroll deduction; and

(2) the arbitration of grievances arising under the collective bargaining agreement.

(c) The collective bargaining agreement supersedes any conflicting rule, regulation, or administrative policy of the Commission.
Md. Code, Alcoholic Beverages and Cannabis § 16-2802 — MD Code / Article gab / Title 16 / Subtitle 28 / Section 16-2802
§16–2802.
Status: in_force

The Board may impose a fine not exceeding $2,000 or suspend a license or both for a violation that is a cause for license suspension.
Md. Code, Alcoholic Beverages and Cannabis § 16-2201 — MD Code / Article gab / Title 16 / Subtitle 22 / Section 16-2201
§16–2201.
Status: in_force

Title 4, Subtitle 7 (“Expiration of Local Licenses”) of Division I of this article applies in the county without exception or variation.
Md. Code, Education § 16-509 — MD Code / Article ged / Title 16 / Subtitle 5 / Section 16-509
§16–509.
Status: in_force

Except as otherwise provided in this subtitle, the provisions of Subtitle 3 and §§ 16-101, 16-102, 16-103, 16-104, and 16-107 of this title do not apply to the College.
Md. Code, Land Use § 16-201 — MD Code / Article glu / Title 16 / Subtitle 2 / Section 16-201
§16–201.
Status: in_force

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

(ii) “Confidential employee” means an employee who acts in a confidential capacity with respect to an individual who formulates, determines, or implements management policies in the field of labor–management relations.

(iii) “Probationary employee” means a merit system employee during the employee’s initial probationary period following employment.

(2) The rights granted to Commission merit system employees under this subtitle do not apply to:

(i) attorneys in the General Counsel’s office;

(ii) confidential employees;

(iii) employees who are at grade J or above;

(iv) park police officers;

(v) 1. the Inspector General; and

2. any subordinate employee of the Office of the Inspector General appointed under § 15–503 of this article;

(vi) probationary employees; or

(vii) supervisors, as defined in § 2(11) of the National Labor Relations Act, 29 U.S.C. § 152(11).

(b) (1) Commission employees are divided into four bargaining units consisting of:

(i) the office unit that includes office classification titles in which employees are responsible for internal and external communications, recording and retrieving information, and paperwork required in an office;

(ii) the professional/technical unit that includes:

1. professional classification titles in which employees have special or theoretical knowledge that usually is acquired through college training, other training that provides comparable knowledge, or work experience;

2. paraprofessional classification titles in which employees perform, in a supportive role, some of the duties of a professional or technician but that usually require less formal training or experience than those duties performed by those with professional or technical status; and

3. technical classification titles in which employees have a combination of basic scientific or technical knowledge and manual skill that usually are acquired through specialized postsecondary school education or through equivalent on–the–job training;

(iii) the service/labor unit that includes classification titles in which employees perform service and maintenance, may operate specialized machinery or heavy equipment, and whose duties contribute to the comfort and convenience of the public or to the upkeep and care of Commission buildings, facilities, or grounds; and

(iv) the trade unit that includes classification titles in which employees are required to have a special manual skill and a thorough knowledge of processes that are acquired through on–the–job training, experience, apprenticeship, or other formal training programs.

(2) A bargaining unit may not be defined by county boundaries.

(3) If an employee organization is certified to represent more than one bargaining unit, the Commission shall negotiate a single contract with that organization covering all employees the organization represents.
Md. Code, Education § 16-305 — MD Code / Article ged / Title 16 / Subtitle 3 / Section 16-305
§16–305.
Status: in_force

(a) The formula used for the distribution of funds to the community colleges in the State shall be known as the Senator John A. Cade Funding Formula.

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

(2) “Assessed valuation of real property” means assessed valuation of real property as determined for purposes of the State aid calculated under § 5–202 of this article.

(3) “Board” means:

(i) In a county that has one or more community colleges, the board of community college trustees for the county; or

(ii) Where two or more counties establish a region to support a regional community college, the board of regional community college trustees.

(4) “Community college” means a community college established under this title but does not include Baltimore City Community College.

(5) “County share” means the total amount of money for operating funds to be provided each fiscal year to a board by the county that supports the community college or colleges or, in the case of a regional community college, the total amount of money for operating funds to be provided each fiscal year to the board by all counties that support the regional community college.

(6) “Direct grants” means the sum of the following components of the State share:

(i) Base costs; and

(ii) Size factor.

(7) “Full–time equivalent student” for each community college is the greater of:

(i) The quotient of the number of student credit hours produced in the fiscal year 2 years prior to the fiscal year for which the State share is calculated divided by 30, as certified by the Maryland Higher Education Commission; or

(ii) The 3–year moving average quotient of the number of student credit hours produced in the fiscal years 2 years prior, 3 years prior, and 4 years prior to the fiscal year for which the State share is calculated divided by 30, as certified by the Maryland Higher Education Commission.

(8) “Population” means population as determined for purposes of calculating the State share of the library program using the definition in § 23–501 of this article.

(9) “Region” means the counties supporting a regional community college established under Subtitle 2 of this title.

(10) “Small community college” means:

(i) Allegany College of Maryland;

(ii) Garrett College;

(iii) Hagerstown Community College;

(iv) Carroll Community College;

(v) Cecil Community College;

(vi) Chesapeake College; or

(vii) Wor–Wic Community College.

(11) “State share” means the amount of money for community college operating funds to be provided each fiscal year to a board by the State.

(12) “State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education” has the meaning stated in § 17–104(a)(1) of this article.

(13) “Student credit hours” means student credit hours, including those earned by a P–TECH student as provided in § 7–1804(c) of this article, or contact hours, which are eligible, under the regulations issued by the Maryland Higher Education Commission, for inclusion in State funding calculations.

(14) “Total State operating fund” means the sum of community college State appropriations for direct grants.

(c) (1) (i) Except as provided in subparagraphs (iii), (iv), and (v) of this paragraph, the total State operating fund per full–time equivalent student to the community colleges for each fiscal year as requested by the Governor shall be:

1. In fiscal year 2009, not less than an amount equal to 26.25% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the previous fiscal year;

2. In fiscal year 2010, not less than an amount equal to 23.6% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

3. In fiscal year 2011, not less than an amount equal to 21.8% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

4. In fiscal year 2012, not less than an amount equal to 20% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

5. In fiscal year 2014, an amount that is the greater of 19.7% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $1,839.47 per full–time equivalent student;

6. In fiscal year 2015, an amount that is the greater of 19.7% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $1,839.47 per full–time equivalent student;

7. In fiscal year 2017, not less than an amount equal to 20.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

8. In fiscal year 2018, not less than an amount equal to 21.0% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

9. In fiscal year 2019, not less than an amount equal to 22.0% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

10. In fiscal year 2020, not less than an amount equal to 23% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

11. In fiscal year 2021, not less than an amount equal to 25% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

12. In fiscal year 2022, not less than an amount equal to 27% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

13. In fiscal year 2023 and fiscal year 2024, not less than an amount equal to 29% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year; and

14. In fiscal year 2025 and each fiscal year thereafter, not less than an amount equal to 27.2% of the State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article.

(ii) For purposes of this subsection, the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State for a fiscal year shall include:

1. Noncapital appropriations from the Higher Education Investment Fund; and

2. Appropriations, regardless of where they are budgeted, designated for the general operation of 4–year public institutions of higher education in the State, including personnel–related appropriations.

(iii) Notwithstanding the provisions of subparagraph (i) of this paragraph, the total State operating funds to be distributed under this subsection to the community colleges for each of fiscal years 2011 and 2012 shall be $194,407,432.

(iv) In fiscal year 2013, the total State operating funds for community colleges shall be $199,176,114, to be distributed as follows:

1. Allegany College $4,773,622;

2. Anne Arundel Community College $27,235,329;

3. Community College of Baltimore County $34,398,366;

4. Carroll Community College $6,851,515;

5. Cecil Community College $4,645,751;

6. College of Southern Maryland $10,902,580;

7. Chesapeake College $5,675,815;

8. Frederick Community College $8,145,648;

9. Garrett College $2,246,709;

10. Hagerstown Community College $6,965,064;

11. Harford Community College $9,990,806;

12. Howard Community College $12,584,485;

13. Montgomery College $35,998,553;

14. Prince George’s Community College $22,013,074; and

15. Wor–Wic Community College $6,748,796.

(v) In fiscal year 2016, the total State operating funds for community colleges shall be $222,744,620, to be distributed as follows:

1. Allegany College $4,850,443;

2. Anne Arundel Community College $28,715,483;

3. Community College of Baltimore County $38,637,668;

4. Carroll Community College $7,345,653;

5. Cecil Community College $5,108,064;

6. College of Southern Maryland $13,017,885;

7. Chesapeake College $6,142,473;

8. Frederick Community College $8,975,284;

9. Garrett College $2,561,002;

10. Hagerstown Community College $7,620,412;

11. Harford Community College $10,865,634;

12. Howard Community College $15,723,055;

13. Montgomery College $40,000,786;

14. Prince George’s Community College $26,072,537; and

15. Wor–Wic Community College $7,108,241.

(2) The State share shall be distributed to each board and shall be limited by the provisions of subsection (d) of this section.

(3) Subject to subsection (d) of this section, the total State share for each board shall be the sum of:

(i) The base costs component; and

(ii) The size factor component.

(4) For each board, the base costs component shall be the total State operating fund per full–time equivalent student to the community colleges.

(5) (i) The size factor component shall be the year’s total State operating fund multiplied by 2%.

(ii) Except as provided in subparagraph (iii) of this paragraph, the funds available for the size factor component shall be divided and distributed equally to each board that operates a community college or colleges at which the total number of full–time equivalent students is less than or equal to 80% of the statewide median.

(iii) 1. Beginning with the first fiscal year that a board no longer meets the eligibility requirements under subparagraph (ii) of this paragraph, the board shall continue to receive a percentage of the size factor component that the board received in the last fiscal year for which the board was eligible, as follows:

A. 80% for the first fiscal year;

B. 60% for the second fiscal year;

C. 40% for the third fiscal year;

D. 20% for the fourth fiscal year; and

E. 0% for the fifth and each subsequent fiscal year.

2. The distributions required under subparagraph (ii) of this paragraph shall be made from the remaining funds available for the size factor component after any distributions required under this subparagraph.

(iv) In determining the eligibility of a board for a size factor component, the number of full–time equivalent students at all campuses and colleges operated by the board shall be added together.

(6) Any employer Social Security contributions required by federal law for any employee of a board of community college trustees shall remain the obligation of the employer.

(7) The State contribution to retirement and fringe benefit costs is not included in the calculations of amounts under this subsection.

(d) In each fiscal year, in order for a board to receive an increase in the State share of support, the county share, in the aggregate, that supports the community college or colleges shall equal or exceed the aggregate amount of operating fund appropriations made to the board by the county or all of the counties supporting the college in the previous fiscal year.

(e) (1) (i) Beginning in fiscal year 1996, a grant in the amount provided in paragraph (2) of this subsection shall be distributed to each board in order to provide instruction and services to students enrolled in an English for Speakers of Other Languages (“ESOL”) program.

(ii) To qualify for a grant under this subsection, each participant in the program shall be a student:

1. Born outside of the United States or whose native language is not English;

2. Who comes from an environment where a language other than English is dominant; or

3. Who is an American Indian or Alaskan native and comes from an environment where a language other than English has had a significant impact on the student’s level of English language proficiency.

(2) (i) Subject to the provisions of subparagraph (ii) of this paragraph, the amount of the grant shall be $800 times the number of qualified full–time equivalent students who are enrolled in a county ESOL program and at the community college.

(ii) 1. The total amount of the grants under this paragraph may not exceed $8,000,000 for any fiscal year.

2. If, for any fiscal year, the total amount of the grants calculated under subparagraph (i) of this paragraph would exceed $8,000,000, then each grant shall be prorated by the amount necessary to reduce the total amount of the grants to $8,000,000.

(3) (i) If the amount that is appropriated to a board under this subsection for any fiscal year is more than the actual cost of providing ESOL programs to students enrolled at the community college in that county or region, the excess funds shall be paid back to the State and credited to the General Fund of the State.

(ii) A board may not transfer State funds received under this subsection to any other program or category.

(4) Subject to the provisions of paragraph (2) of this subsection, for any fiscal year in which the State appropriation is insufficient to fully fund all grants eligible under this section, the Governor shall include in the budget bill for the following fiscal year a deficiency appropriation to fund all unfunded grants.

(f) (1) Unrestricted grants in the amounts specified in this subsection shall be distributed to the board of each small community college.

(2) Subject to paragraph (5) of this subsection, for fiscal years 2003 through 2018, unrestricted grants shall be distributed as follows:

(i) $500,000 to Allegany College of Maryland;

(ii) $500,000 to Garrett College;

(iii) $500,000 to Hagerstown Community College;

(iv) $250,000 to Carroll Community College;

(v) $250,000 to Cecil Community College;

(vi) $250,000 to Chesapeake College; and

(vii) $250,000 to Wor–Wic Community College.

(3) Beginning in fiscal year 2019 and for each fiscal year thereafter, subject to paragraph (5) of this subsection, unrestricted grants shall be distributed as follows:

(i) $851,300 to Allegany College of Maryland;

(ii) $851,300 to Garrett College;

(iii) $851,300 to Hagerstown Community College;

(iv) $851,300 to Carroll Community College;

(v) $851,300 to Cecil Community College;

(vi) $851,300 to Chesapeake College; and

(vii) $851,300 to Wor–Wic Community College.

(4) Beginning in fiscal year 2003 and in each fiscal year thereafter, in addition to the amounts specified in paragraph (2) or (3) of this subsection, the boards of Allegany College of Maryland and Garrett College shall receive the following unrestricted grants:

(i) $360,000 to Allegany College of Maryland; and

(ii) $240,000 to Garrett College.

(5) The grant amounts specified in paragraph (2) or (3) of this subsection shall increase in fiscal year 2004 and each fiscal year thereafter by the same percentage as the percentage increase in funding per full–time equivalent student to the 4–year public institutions of higher education in the State, as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in that fiscal year.
Md. Code, Health Occupations § 16-319 — MD Code / Article gho / Title 16 / Subtitle 3 / Section 16-319
§16–319.
Status: in_force

(a) An action may be maintained in the name of the State or the Board to enjoin:

(1) The unauthorized practice of podiatry; or

(2) Conduct that is a ground for disciplinary action under § 16-311 of this subtitle.

(b) An action under this section may be brought by:

(1) The Board, in its own name;

(2) The Attorney General, in the name of the State; or

(3) A State’s Attorney, in the name of the State.

(c) An action under this section shall be brought in the county where the defendant:

(1) Resides; or

(2) Engages in the act sought to be enjoined.

(d) Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section.

(e) An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of podiatry under § 16-501 of this title.
Md. Code, Transportation § 16-705 — MD Code / Article gtr / Title 16 / Subtitle 7 / Section 16-705
§16–705.
Status: in_force

The Administration shall furnish to the appropriate authorities of other party states information or documents reasonably necessary to facilitate the administration of Articles III, IV, and V of the Compact.
Md. Code, Insurance § 16-107 — MD Code / Article gin / Title 16 / Subtitle 1 / Section 16-107
§16–107.
Status: in_force

(a) A reinstated policy of life insurance or reinstated annuity contract may be contested on account of fraud or misrepresentation of facts material to the reinstatement only for the same period after reinstatement and with the same conditions and exceptions as the policy or annuity contract provides with respect to contestability after original issue.

(b) (1) A reinstated policy of life insurance or reinstated annuity contract may exclude or restrict liability to the same extent that liability might have been or was excluded or restricted when the policy or annuity contract originally was issued.

(2) The exclusion or restriction is effective as of the date of reinstatement.
Md. Code, Transportation § 16-104.1 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-104.1
§16–104.
Status: in_force

§16–104.1.

(a) (1) A noncommercial Class A driver’s license authorizes the licensee to drive combinations of Class F (tractor) and Class G (trailer) vehicles and any vehicle that a noncommercial Class B driver’s license authorizes its holder to drive, except:

(i) Commercial motor vehicles; and

(ii) Motorcycles other than autocycles.

(2) An individual who is issued a noncommercial Class A driver’s license under this subsection may not drive or attempt to drive a motor vehicle on any highway in this State unless a noncommercial Class A driver’s license authorizes the individual to drive a vehicle of the class that the individual is driving or attempting to drive.

(b) (1) A noncommercial Class B driver’s license authorizes the licensee to drive any single vehicle or combinations of vehicles with a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), as defined in § 16–803 of this title, of 26,001 pounds and more and any vehicle that a noncommercial Class C driver’s license authorizes its holder to drive, except:

(i) Commercial motor vehicles;

(ii) Motorcycles other than autocycles; and

(iii) Combinations of Class F (tractor) and Class G (trailer) vehicles.

(2) An individual who is issued a noncommercial Class B driver’s license under this subsection may not drive or attempt to drive a motor vehicle on any highway in this State unless a noncommercial Class B driver’s license authorizes the individual to drive a vehicle of the class that the individual is driving or attempting to drive.

(c) (1) A noncommercial Class C driver’s license authorizes the licensee to drive any vehicle or combination of vehicles with a gross vehicle weight rating (GVWR), as defined in § 16–803 of this title, of less than 26,001 pounds, except:

(i) Commercial motor vehicles; and

(ii) Motorcycles other than autocycles.

(2) An individual who is issued a noncommercial Class C driver’s license under this subsection may not drive or attempt to drive a motor vehicle on any highway in this State unless a noncommercial Class C driver’s license authorizes the individual to drive a vehicle of the class that the individual is driving or attempting to drive.

(d) (1) A Class M driver’s license authorizes the licensee to drive motorcycles other than autocycles.

(2) An individual who is issued a Class M driver’s license under this subsection may not drive or attempt to drive a motor vehicle on any highway in this State unless a Class M driver’s license authorizes the individual to drive a vehicle of the class that the individual is driving or attempting to drive.

(e) (1) This subsection does not apply to an autocycle or when the towing vehicle is a commercial motor vehicle.

(2) Subject to the provisions of this section, a noncommercial Class A, B, or C license holder may:

(i) Tow any travel trailer as defined in § 11–170 of this article;

(ii) Tow any camping trailer as defined in § 11–106 of this article; or

(iii) Tow any boat trailer as defined in § 11–104.1 of this article.

(f) This section applies to any license issued or renewed on or after January 1, 1990.
Md. Code, Business Regulation § 16-308 — MD Code / Article gbr / Title 16 / Subtitle 3 / Section 16-308
§16–308.
Status: in_force

A person may not sell cigarettes at retail in a county unless the person has an appropriate county license.
Md. Code, Business Regulation § 16-606 — MD Code / Article gbr / Title 16 / Subtitle 6 / Section 16-606
§16–606.
Status: in_force

§16–606. IN EFFECT

** CONTINGENCY – IN EFFECT – CHAPTER 497 OF 2007 **

Any cigarettes sold or offered for sale in the State that do not comply with the performance standard required by § 16–602 of this subtitle are deemed to be contraband and subject to §§ 13–836, 13–837, and 13–839 of the Tax – General Article.
Md. Code, Education § 16-408.1 — MD Code / Article ged / Title 16 / Subtitle 4 / Section 16-408.1
§16–408.
Status: in_force

§16–408.1.

At least twice annually, the President of Harford Community College and the Superintendent of Harford County Public Schools shall meet to discuss issues of mutual concern.
Md. Code, Education § 16-417 — MD Code / Article ged / Title 16 / Subtitle 4 / Section 16-417
§16–417.
Status: in_force

(a) The Board of Trustees of Prince George’s Community College shall establish an affirmative action program to facilitate the employment of minority employees, including faculty and administrative and clerical staff.

(b) The Board of Trustees shall submit a report on the implementation of the affirmative action program established under subsection (a) of this section to the Chairmen of the Prince George’s County House of Delegates and Senate delegations by January 1 of each year.
Md. Code, Housing and Community Development § 16-307 — MD Code / Article ghs / Title 16 / Subtitle 3 / Section 16-307
§16–307.
Status: in_force

(a) An individual is eligible to vote in an election under this subtitle only if the individual is a Montgomery Commission employee to whom this subtitle applies.

(b) If the Montgomery Commission and an employee organization dispute the eligibility of an employee in a bargaining unit, the dispute shall be submitted to the labor relations administrator.

(c) The labor relations administrator shall hold evidentiary hearings at which the Montgomery Commission and interested employee organizations shall have the opportunity to present:

(1) testimony;

(2) documentary and other evidence; and

(3) arguments.

(d) The decision of the labor relations administrator is final.

(e) The Montgomery Commission and the employee organization shall share the costs of the hearings equally.
Md. Code, Commercial Law § 16-602 — MD Code / Article gcl / Title 16 / Subtitle 6 / Section 16-602
§16–602.
Status: in_force

(a) A lien is not effective under this subtitle unless, before payment of any money to the patient, his attorney, heirs, or personal representative as compensation for the injuries, the hospital:

(1) Files a notice of lien with the clerk of the circuit court of the county where the medical or other services were provided; and

(2) Sends a copy of the notice of lien and a statement of the date of its filing by registered or certified mail to the person alleged to be liable for the injuries received by the patient.

(b) The notice of lien shall be in writing and shall contain:

(1) The name and address of the injured patient;

(2) The date of the accident;

(3) The name and location of the hospital;

(4) The amount claimed; and

(5) The name of the person alleged to be liable for the injuries received.

(c) The hospital also shall send a copy of the notice of lien by registered or certified mail to any insurance carrier known to insure the person alleged to be liable for the injuries received by the patient.
Md. Code, Transportation § 16-802 — MD Code / Article gtr / Title 16 / Subtitle 8 / Section 16-802
§16–802.
Status: in_force

(a) The purpose of this subtitle is to implement the federal Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570) and reduce or prevent heavy and commercial motor vehicle accidents, fatalities, and injuries by:

(1) Disqualifying drivers for certain criminal offenses and serious traffic violations; and

(2) Strengthening licensing and testing standards.

(b) This subtitle is a remedial law and shall be liberally construed to promote the public health, safety, and welfare.

(c) To the extent that this subtitle conflicts with other subtitles of this title, this subtitle prevails.

(d) Where this subtitle is silent, the provisions of the Maryland Vehicle Law apply.
Md. Code, Education § 16-512 — MD Code / Article ged / Title 16 / Subtitle 5 / Section 16-512
§16–512.
Status: in_force

(a) In this section, “State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education” has the meaning stated in § 17–104(a)(1) of this article.

(b) (1) The total State operating fund per full–time equivalent student appropriated to Baltimore City Community College for each fiscal year other than fiscal year 2013, as requested by the Governor shall be:

(i) In fiscal year 2009, not less than an amount equal to 67.25% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the previous fiscal year;

(ii) In fiscal year 2010, not less than an amount equal to 65.1% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

(iii) In fiscal year 2011, not less than an amount equal to 65.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

(iv) In fiscal year 2012, not less than an amount equal to 63% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

(v) In fiscal year 2014, an amount that is the greater of 61% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $5,695.63 per full–time equivalent student;

(vi) In fiscal year 2015, an amount that is the greater of 61% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $5,695.63 per full–time equivalent student;

(vii) In fiscal year 2016, an amount that is the greater of 58% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $5,695.63 per full–time equivalent student;

(viii) In fiscal year 2017, an amount that is the greater of 58% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $5,695.63 per full–time equivalent student;

(ix) In fiscal year 2018, not less than an amount equal to 60% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

(x) In fiscal year 2019, not less than an amount equal to 61% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

(xi) In fiscal year 2020, not less than an amount equal to 62.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

(xii) In fiscal year 2021, not less than an amount equal to 64.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;

(xiii) In fiscal year 2022, not less than an amount equal to 66.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year; and

(xiv) In fiscal year 2023 and each fiscal year thereafter, not less than an amount equal to 68.5% of the State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article.

(2) For purposes of this subsection, the State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education in the State for a fiscal year shall include:

(i) Noncapital appropriations from the Higher Education Investment Fund; and

(ii) Appropriations, regardless of where they are budgeted, designated for the general operation of 4–year public institutions of higher education in the State, including personnel–related appropriations.

(3) Notwithstanding the provisions of paragraph (1) of this subsection, the total State operating fund appropriated to Baltimore City Community College under this section for each of fiscal years 2011 and 2012 shall be $40,187,695.

(4) In fiscal year 2013, the total State operating funds appropriated to Baltimore City Community College under this section shall be $39,863,729.

(c) Notwithstanding subsection (b) of this section, the State appropriation to Baltimore City Community College requested by the Governor may not be less than the State appropriation to the College in the previous fiscal year.

(d) The State shall distribute the State appropriation under this subsection to the Board of Trustees of Baltimore City Community College on a quarterly basis.

(e) (1) (i) Through June 30, 1999, the City of Baltimore shall be responsible for providing at least $600,000 in each fiscal year to support education at the College.

(ii) Of this amount, in each fiscal year, at least $300,000 shall be expended and administered by the College for tuition reimbursement or scholarships to attend classes at the College, and the remaining balance shall be expended in a manner consistent with the educational mission of the College.

(iii) The source of the $600,000 is not limited to tax or fee revenues generated by the City of Baltimore.

(2) (i) Beginning on July 1, 1999, the City of Baltimore shall be responsible for providing at least $800,000 in each fiscal year to support education at the College.

(ii) Of this amount, in each fiscal year, at least $500,000 shall be expended and administered by the College for tuition reimbursement or scholarships to attend classes at the College, and the remaining balance shall be expended in a manner consistent with the educational mission of the College.

(iii) The source of the $800,000 is not limited to tax or fee revenues generated by the City of Baltimore.

(3) (i) Beginning on July 1, 2006, the City of Baltimore shall be responsible for providing at least $1,000,000 in each fiscal year to support education at the College.

(ii) Of this amount, in each fiscal year, at least $400,000 shall be expended and administered by the College for tuition reimbursement or scholarships to attend classes at the College, and the remaining balance shall be expended in a manner consistent with the educational mission of the College.

(iii) The source of the $1,000,000 is not limited to tax or fee revenues generated by the City of Baltimore.

(iv) The Board of Trustees shall submit an annual report on or before December 31 to the Director of Finance for the City of Baltimore regarding the expenditures made under this paragraph.
Md. Code, Transportation § 16-119 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-119
§16–119.
Status: in_force

(a) The Maryland Department of Health, together with the Medical and Chirurgical Faculty and the State Board of Examiners in Optometry, shall define:

(1) Disorders characterized by lapses of consciousness; and

(2) Disorders that result in a corrected visual acuity that fails to comply with the vision requirements of this subtitle.

(b) (1) Except as provided in paragraph (2) of this subsection, any physician and any other person authorized to diagnose, detect, or treat disorders defined under subsection (a) of this section may report to the Medical Advisory Board and to the subject of the report, in writing, the full name, date of birth, and address of each individual 15 years old or older who has any such disorder.

(2) Unless authorized by the individual in writing, a report may not be made from information derived from the diagnosis or treatment of any individual on whom a confidential or privileged relationship is conferred by law.

(c) On receipt of a report under this section, the Administration shall:

(1) As soon as practicable, arrange for an examination of each reported individual who holds a driver’s license; and

(2) If the individual fails to meet the requirements of this subtitle, cancel his license.

(d) (1) Except as provided in paragraph (2) of this subsection, the reports made to the Administration under this section:

(i) Are confidential;

(ii) May be disclosed only on court order; and

(iii) May be used only to determine the qualifications of an individual to drive.

(2) The Administration may use information in the reports it receives for the purpose of driver safety research, provided that personal information is not published or disclosed.

(3) The Administration may contract with third parties to assist with driver safety research.

(4) A person may not use these reports for any other purpose.

(e) A civil or criminal action may not be brought against any person who makes a report under this section and who does not violate any confidential or privileged relationship conferred by law.

(f) A report made under this section may not be used as evidence in any civil or criminal trial, except in a legal action involving an alleged violation of a confidential or privileged relationship conferred by law.
Md. Code, Health Occupations § 16-306 — MD Code / Article gho / Title 16 / Subtitle 3 / Section 16-306
§16–306.
Status: in_force

A license authorizes the licensee to practice podiatry while the license is effective.
Md. Code, Transportation § 16-803 — MD Code / Article gtr / Title 16 / Subtitle 8 / Section 16-803
§16–803.
Status: in_force

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

(b) “Commerce” means:

(1) Trade, traffic, and transportation within the jurisdiction of the United States between a place in a state and a place outside of the state, including a place outside the United States; and

(2) Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation within the jurisdiction of the United States between a place in a state and a place outside of the state, including a place outside the United States.

(c) (1) “Commercial motor vehicle (CMV)” means a motor vehicle or combination of motor vehicles used to transport passengers or property, if the motor vehicle:

(i) Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;

(ii) Has a gross vehicle weight rating of 26,001 or more pounds;

(iii) Is designed to transport 16 or more passengers, including the driver; or

(iv) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which requires the motor vehicle to be placarded under hazardous materials regulations (49 C.F.R. Part 172, Subpart F).

(2) “Commercial motor vehicle (CMV)” does not include a vehicle that is:

(i) 1. Controlled and operated by a farmer;

2. Used to transport agricultural products, farm machinery, or farm supplies to or from a farm;

3. Not used in the operations of a common or contract motor carrier; and

4. Used within 150 miles of the person’s farm;

(ii) An emergency vehicle:

1. Equipped with audible and visual signals; and

2. Operated by a member of or a person in the employ of a volunteer or paid fire or rescue organization;

(iii) A vehicle owned or operated by the United States Department of Defense if it is controlled and operated by:

1. Any active duty military personnel;

2. Any member of the military reserves or National Guard on active duty, including personnel on full–time National Guard duty and personnel on part–time training; or

3. Any National Guard military technician; or

(iv) A motor vehicle designed and constructed primarily to provide temporary living quarters for recreational, camping, or travel use.

(d) “Conviction” means a final unvacated adjudication of guilt, or a determination that an individual has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, a probation before judgment finding, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.

(e) “Employer” means any individual, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns drivers to operate such a vehicle. An individual who employs himself as a commercial motor vehicle driver is considered to be both an employer and a driver for the purposes of this subtitle.

(f) “Endorsement” means an authorization to an individual’s commercial driver’s license required to permit the individual to operate certain types of commercial motor vehicles.

(g) “Gross combination weight rating (GCWR)” means:

(1) The value specified by the manufacturer as the loaded weight of a combination or articulated vehicle; or

(2) In the absence of a value specified by the manufacturer, GCWR shall be determined by adding the gross vehicle weight rating (GVWR) of the power unit and the total weight of the towed unit and its load.

(h) “Gross vehicle weight rating (GVWR)” means the value specified by the manufacturer as the loaded weight of a single vehicle.

(i) “Hazardous materials” means any material that has been designated as hazardous under 49 U.S.C. § 5103 and is required to be placarded under Subpart F of 49 C.F.R. Part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. Part 73.

(j) (1) “Serious traffic violation” means:

(i) Excessive speeding, as defined by the United States Secretary of Transportation by regulation;

(ii) Reckless driving;

(iii) A violation of any state or local law relating to operating a motor vehicle, other than a parking violation, arising in connection with an accident or collision resulting in death to any individual;

(iv) Driving a commercial motor vehicle without obtaining a commercial instructional permit or a commercial driver’s license;

(v) Driving a commercial motor vehicle without a commercial instructional permit or a commercial driver’s license in the driver’s possession;

(vi) Driving a commercial motor vehicle without the proper class of commercial instructional permit or commercial driver’s license;

(vii) Driving a commercial motor vehicle without the proper endorsements for the commercial instructional permit or commercial driver’s license; or

(viii) Any other violation of a state or local law which the United States Secretary of Transportation determines by regulation to be serious.

(2) “Serious traffic violation” does not include vehicle weight and vehicle defect violations.

(k) (1) “Tank vehicle” means any commercial motor vehicle that is designed to transport any liquid or gaseous material within a tank that is either permanently or temporarily attached to the vehicle or chassis.

(2) Tank vehicles include cargo tanks and portable tanks.

(3) Tank vehicle does not include portable tanks having a rated capacity under 1,000 gallons.

(l) “United States” means the 50 states and the District of Columbia.
Md. Code, Business Regulation § 16-503 — MD Code / Article gbr / Title 16 / Subtitle 5 / Section 16-503
§16–503.
Status: in_force

(a) A tobacco product manufacturer whose cigarettes are sold in this State, whether directly or through a distributor, retailer or similar intermediary, shall execute and deliver, on a form prescribed by the Attorney General, a certification to the Attorney General no later than the 30th day of April each year, certifying under penalty of perjury that, as of the date of the certification, the tobacco product manufacturer either:

(1) is a participating manufacturer; or

(2) is in full compliance with the Escrow Act.

(b) (1) A participating manufacturer shall include in its certification a list of its brand families.

(2) The participating manufacturer shall update the list at least 30 calendar days prior to any addition or modification to its brand families by executing and delivering a supplemental certification to the Attorney General.

(c) (1) A nonparticipating manufacturer shall include in its certification a complete list of all of its brand families.

(2) The certification shall:

(i) separately list each brand family of cigarettes and the number of units sold for each brand family that was sold in the State during the preceding calendar year;

(ii) list each of its brand families that have been sold in the State at any time during the current calendar year;

(iii) indicate by an asterisk any brand family sold in the State during the preceding calendar year that is no longer being sold in the State as of the date of such certification; and

(iv) identify by name and address any other manufacturer of such brand families in the preceding or current calendar year.

(3) The nonparticipating manufacturer shall update the list at least 30 calendar days prior to any addition or modification of its brand families by executing and delivering a supplemental certification to the Attorney General.

(d) (1) In the case of a nonparticipating manufacturer, the certification shall further certify that the nonparticipating manufacturer:

(i) is registered to do business in the State or has appointed a resident agent for service of process and provided notice of the appointment as required by § 16–505 of this subtitle;

(ii) has established and continues to maintain a qualified escrow fund, and has executed a qualified escrow agreement that has been reviewed and approved by the Attorney General and that governs the qualified escrow fund; and

(iii) is in full compliance with the Escrow Act and this subtitle and any regulations adopted in accordance with the Escrow Act and this subtitle.

(2) The certification shall include:

(i) the name, address and telephone number of the financial institution in which the nonparticipating manufacturer has established a qualified escrow fund required under § 16–403(a)(2) of this title (the Escrow Act) and all regulations adopted under it;

(ii) the account number of the qualified escrow fund and subaccount number for the State of Maryland;

(iii) the amount the nonparticipating manufacturer placed in the fund for cigarettes sold in the State during the preceding calendar year, the date and amount of each deposit, and any additional information the Attorney General considers necessary to confirm the information required by this subparagraph; and

(iv) the amount of and date of any withdrawal or transfer of funds the nonparticipating manufacturer made at any time from the fund or from any other qualified escrow fund into which the nonparticipating manufacturer made escrow payments under § 16–403(a)(2) of this title (the Escrow Act) and all regulations adopted under that section.

(e) (1) A tobacco product manufacturer may not include a brand family in its certification unless:

(i) in the case of a participating manufacturer, the participating manufacturer affirms that the brand family is deemed to be its cigarettes for purposes of calculating its payments under the Master Settlement Agreement for the relevant year, in the volume and shares determined in accordance with the Master Settlement Agreement; and

(ii) in the case of a nonparticipating manufacturer, the nonparticipating manufacturer affirms that the brand family is deemed to be its cigarettes for purposes of the Escrow Act.

(2) Nothing in this section may be construed as limiting or otherwise affecting the State’s right to maintain that a brand family constitutes cigarettes of a different tobacco product manufacturer for purposes of calculating payments under the Master Settlement Agreement or for purposes of the Escrow Act.

(3) The tobacco product manufacturer shall maintain all invoices and documentation of sales and any other information relied upon for its certification for a period of 5 years, unless otherwise required by law to maintain them for a greater period of time.
Md. Code, Business Occupations and Professions § 16-510 — MD Code / Article gbo / Title 16 / Subtitle 5 / Section 16-510
§16–510.
Status: in_force

(a) Unless a certificate is renewed for a 3-year term as provided in this section, the certificate expires on a staggered basis as determined by the Secretary.

(b) The Commission need not give notice to the holder of the expiration date of the certificate.

(c) Not earlier than 120 days and not later than 30 days before a certificate expires, the certificate holder may renew it for an additional 3–year term, if the certificate holder:

(1) otherwise is entitled to hold a certificate;

(2) pays to the Commission a renewal fee set by the Commission; and

(3) submits to the Commission:

(i) a renewal application on the form that the Commission provides; and

(ii) adequate evidence of compliance with the continuing education requirements set under this subtitle for certificate renewal.
Md. Code, Transportation § 16-212 — MD Code / Article gtr / Title 16 / Subtitle 2 / Section 16-212
§16–212.
Status: in_force

(a) The Administration may conduct:

(1) A driver improvement program, including a driver improvement program designed specifically for young drivers; and

(2) An alcohol education program.

(b) (1) The purpose of the programs authorized under this section is to provide driver rehabilitation.

(2) The Administration shall determine the content of the programs.

(c) If an individual is convicted of one or more moving violations:

(1) Notwithstanding item (2) of this subsection, after a hearing as provided in Title 12, Subtitle 2 of this article, as a condition of reinstatement of a driver’s license, the Administration may require an individual to attend a driver improvement program or alcohol education program; or

(2) A court may require an individual to attend a driver improvement program or alcohol education program.

(d) In carrying out an order of the court, a probation officer or health department officer may assign an individual to attend a driver improvement program or alcohol education program.

(e) (1) An individual who attends a program under this section shall pay, in advance, a fee as provided in this subsection.

(2) The Administration shall set a reasonable fee based on the costs of operating the programs authorized by this section.

(3) The funds collected by the Administration under this subsection may not be credited to the Gasoline and Motor Vehicle Revenue Account for distribution under § 8–403 or § 8–404 of this article.

(f) (1) The Administration may waive attendance at an alcohol education program conducted by the Administration if an individual attends a private alcohol education program or an alcohol education program provided by a political subdivision of the State that is approved by the Behavioral Health Administration and the Administration.

(2) The Administration may waive attendance at a driver improvement program conducted by the Administration if an individual attends a private driver improvement program or a driver improvement program provided by a political subdivision of the State that is approved by the Administration.

(3) The Administration shall establish criteria for approving private providers of alcohol education or driver improvement programs provided by a political subdivision of the State.

(4) Upon application for approval to provide the programs allowed under this section, a private provider shall pay an application fee established by the Administration.
Md. Code, Business Occupations and Professions § 16-201 — MD Code / Article gbo / Title 16 / Subtitle 2 / Section 16-201
§16–201.
Status: in_force

There is a State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors in the Department.
Md. Code, Estates and Trusts § 16-106 — MD Code / Article get / Title 16 / Subtitle 1 / Section 16-106
§16–106.
Status: in_force

(a) The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner’s death.

(b) A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary.
Md. Code, Transportation § 16-205 — MD Code / Article gtr / Title 16 / Subtitle 2 / Section 16-205
§16–205.
Status: in_force

(a) (1) The Administration may revoke the license of any person who:

(i) Is convicted under § 21–902(a) or (d) of this article of driving or attempting to drive a motor vehicle while under the influence of alcohol, while under the influence of alcohol per se, or while impaired by a controlled dangerous substance; or

(ii) Within a 3–year period, is convicted under § 21–902(b) or (c) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol or while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely and who was previously convicted of any combination of two or more violations under:

1. § 21–902(a) of this article of driving or attempting to drive a motor vehicle while under the influence of alcohol or while under the influence of alcohol per se;

2. § 21–902(b) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol;

3. § 21–902(c) of this article of driving or attempting to drive a motor vehicle while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely; or

4. § 21–902(d) of this article of driving or attempting to drive a motor vehicle while impaired by a controlled dangerous substance.

(2) In the notice of proposed revocation, the Administration shall advise an individual who is convicted under § 21–902(a) of this article that the individual, if eligible, is required to participate in the Ignition Interlock System Program for the following periods:

(i) 6 months the first time the individual is required to participate in the Ignition Interlock System Program;

(ii) 1 year the second time the individual is required to participate in the Ignition Interlock System Program; and

(iii) 3 years the third or any subsequent time the individual is required to participate in the Ignition Interlock System Program.

(b) The Administration:

(1) Shall revoke the license of any person who has been convicted under:

(i) Title 2, Subtitle 5 of the Criminal Law Article for homicide by a motor vehicle while under the influence of alcohol, impaired by alcohol, or impaired by any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a controlled dangerous substance;

(ii) § 21–902(a), (b), (c), or (d) of this article for driving while under the influence of alcohol or alcohol per se, impaired by alcohol, or impaired by any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a controlled dangerous substance that contributes to an accident that results in the death or life–threatening injury of another person; or

(iii) § 20–102 of this article for failure to remain at the scene of an accident that results in the death or serious bodily injury of another person; and

(2) May not issue a temporary license to drive for any person whose license has been revoked under item (1) of this subsection during an administrative appeal of the revocation.

(c) (1) Subject to subsection (d–1) of this section and § 16–404.1 of this title, the Administration may suspend for not more than 60 days the license of any person who is convicted under § 21–902(b) or (c) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol or while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely.

(2) A suspension under this subsection shall be concurrent with any other suspension or revocation imposed by the Administration that arises out of the circumstances of the conviction for a violation of § 21–902 of this article described in this subsection.

(d) (1) Subject to subsection (d–1) and subsection (e) of this section and § 16–404.1 of this title, the Administration may suspend for not more than 1 year the license of any person who, within a 5–year period, is convicted of any violation of § 21–902 of this article after the person was previously convicted of any violation under § 21–902 of this article.

(2) If requested by the person, the Administration may issue a restricted license for the period of a suspension to a person who participates in the Ignition Interlock System Program under § 16–404.1 of this title.

(3) A suspension under this subsection shall be concurrent with any other suspension or revocation imposed by the Administration that arises out of the circumstances of the conviction for the violation of § 21–902 of this article described in this subsection.

(d–1) (1) Notwithstanding subsections (c) and (d) of this section and subject to § 16–404.1 of this title, for a person who is under the age of 21 years on the date of a violation of § 21–902 of this article, and who is subsequently convicted of the violation under § 21–902 of this article, the Administration shall suspend the person’s license to drive for:

(i) 1 year for a first conviction of § 21–902 of this article; and

(ii) 2 years for a second or subsequent conviction of § 21–902 of this article.

(2) A suspension imposed under this subsection shall:

(i) Be concurrent with any other suspension or revocation imposed by the Administration that arises out of the circumstances of the conviction for a violation of § 21–902 of this article described in this subsection; and

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

(3) (i) Subject to the provisions of this paragraph, a person may request on the record that a hearing on a suspension under this subsection and any other hearing on another suspension or revocation under this section, § 16–206(c)(3) or § 16–213 of this subtitle, or § 16–404 of this title that arises out of the circumstances of the conviction for a violation of § 21–902 of this article described in this subsection be consolidated.

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

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

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

(e) (1) In this subsection, “motor vehicle” does not include a commercial motor vehicle.

(2) Subject to the provisions of this subsection and § 16–404.1 of this title, the Administration shall suspend for 1 year the license of a person who is convicted of:

(i) A violation of § 21–902(a) of this article more than once within a 5–year period;

(ii) A violation of § 21–902(a) of this article within a 5–year period after the person was previously convicted of a violation of § 21–902(d) of this article; or

(iii) A violation of § 21–902(d) of this article within a 5–year period after the person was previously convicted of a violation of § 21–902(a) of this article.

(3) On receiving a record of a conviction of a person for a violation described in paragraph (2) of this subsection, the Administration shall issue to the person a notice of suspension of the person’s license that:

(i) States that the person’s license shall be suspended for 1 year subject to § 16–404.1 of this title;

(ii) States that a restricted license may be issued during the 1–year period of suspension if:

1. The person maintains an ignition interlock system on a motor vehicle owned or operated by the person for 1 year or a longer period if required under § 16–404.1 of this title; and

2. The license is restricted to prohibit the person from driving a motor vehicle that is not equipped with an ignition interlock system;

(iii) Advises the person of the requirements under paragraph (7) of this subsection for a person who does not participate in the Ignition Interlock System Program in accordance with this paragraph during the 1–year period of suspension;

(iv) Advises the person of the right to request a hearing on a suspension under this paragraph;

(v) Advises the person of the right, instead of requesting a hearing on a suspension under this paragraph, to be subject to a 1–year period of suspension, during which the person may be issued a restricted license under this paragraph if the following conditions are met:

1. The person’s driver’s license is not currently suspended, revoked, canceled, or refused;

2. The person surrenders a valid Maryland driver’s license or signs a statement certifying that the driver’s license is no longer in the person’s possession; and

3. The person elects in writing, within the same time limit for requesting a hearing, to meet the ignition interlock system requirements under this paragraph for 1 year; and

(vi) Provides information about the Ignition Interlock System Program and how a person participates in the Program under § 16–404.1 of this title.

(4) After notice under paragraph (3) of this subsection, the Administration shall suspend a person’s license under this subsection if:

(i) The person does not request a hearing;

(ii) After a hearing, the Administration finds that the person was convicted of:

1. A violation of § 21–902(a) of this article more than once within a 5–year period;

2. A violation of § 21–902(a) of this article within a 5–year period after the person was previously convicted of a violation of § 21–902(d) of this article; or

3. A violation of § 21–902(d) of this article within a 5–year period after the person was previously convicted of a violation of § 21–902(a) of this article; or

(iii) The person fails to appear for a hearing requested by the person.

(5) The Administration may modify a suspension under paragraph (4) of this subsection to:

(i) Order the person to maintain for 1 year or a longer period if required under § 16–404.1 of this title an ignition interlock system on a motor vehicle owned or operated by the person; and

(ii) Impose a restriction on the person’s license that prohibits the person from driving a motor vehicle that is not equipped with an ignition interlock system.

(6) A person who participates in the Ignition Interlock System Program for at least 1 year under paragraph (5) of this subsection is exempt from the requirements of paragraphs (7) through (11) of this subsection.

(7) The Administration shall, within 90 days of the expiration of the 1–year period of suspension, issue to the person a notice, unless this notice requirement was waived at a hearing described in paragraph (4) of this subsection, that:

(i) States that the person shall maintain for not less than 6 months and not less than the period required under § 16–404.1 of this title, dating from the expiration of the 1–year period of suspension, an ignition interlock system on each motor vehicle owned by the person;

(ii) States that the Administration shall impose a restriction on the person’s license that prohibits the person from driving a motor vehicle that is not equipped with an ignition interlock system for a period of not less than 6 months and not less than the period required under § 16–404.1 of this title, dating from the expiration of the 1–year period of suspension; and

(iii) Advises the person of the right to request a hearing under this paragraph.

(8) After notice under paragraph (7) of this subsection, or a waiver of notice, the Administration shall order a person to maintain for not less than 6 months and not less than the period required under § 16–404.1 of this title, dating from the expiration of the 1–year period of suspension, an ignition interlock system on each motor vehicle owned by the person and impose a license restriction that prohibits the person from driving a motor vehicle that is not equipped with an ignition interlock system if:

(i) The person does not request a hearing;

(ii) The Administration finds at a hearing that the person owns one or more motor vehicles and that no financial hardship, as described in paragraphs (9) and (10) of this subsection, will be created by requiring the person to maintain an ignition interlock system on each motor vehicle owned by the person; or

(iii) The person fails to appear for a hearing requested by the person.

(9) If the Administration finds at a hearing that maintenance of an ignition interlock system on a motor vehicle owned by the person creates a financial hardship on the person, the family of the person, or a co–owner of the motor vehicle, the Administration:

(i) Shall impose a restriction on the license of the person for not less than 6 months and not less than the period required under § 16–404.1 of this title, dating from the expiration of the 1–year period of suspension, that prohibits the person from driving any motor vehicle that is not equipped with an ignition interlock system; and

(ii) May not require the person to maintain an ignition interlock system on any motor vehicle to which the financial hardship applies.

(10) An exemption under paragraph (9)(ii) of this subsection applies only under circumstances that:

(i) Are specific to the person’s motor vehicle; and

(ii) Meet criteria contained in regulations that shall be adopted by the Administration.

(11) If a person requests a hearing and the Administration finds that the person does not own a motor vehicle at the expiration of the 1–year period of suspension, the Administration shall impose a restriction on the license of the person for not less than 6 months and not less than the period required under § 16–404.1 of this title, dating from the expiration of the 1–year period of suspension, that prohibits the person from driving any motor vehicle that is not equipped with an ignition interlock system.

(12) Each notice and hearing under this subsection shall meet the requirements of Title 12, Subtitle 2 of this article.

(13) This subsection does not limit any provision of this article that allows or requires the Administration to:

(i) Revoke or suspend a license of a person; or

(ii) Prohibit a person from driving a motor vehicle that is not equipped with an ignition interlock system.

(14) A suspension imposed under this subsection shall be concurrent with any other suspension or revocation imposed by the Administration that arises out of the circumstances of the conviction for a violation of § 21–902(a) or (d) of this article described in this subsection.

(15) Notwithstanding any other provision of this subsection, a person who is subject to suspension under paragraph (2) of this subsection may not operate a motor vehicle owned or provided by the person’s employer that is not equipped with an ignition interlock device, as set forth in § 27–107(g) of this article.

(f) (1) Subject to paragraph (2) of this subsection, the Administration may modify any suspension under this section or any suspension under § 16–205.1 of this subtitle and issue a restricted license to a licensee who participates in the Ignition Interlock System Program established under § 16–404.1 of this title.

(2) The Administration may not modify a suspension and issue a restricted license during a mandatory period of suspension described in subsection (e) of this section.

(g) When a suspension imposed under subsection (c), (d), (d–1), or (e) of this section or § 16–206(b) of this subtitle expires, the Administration immediately shall return the license or reinstate the privilege of the driver, unless the license or privilege has been refused, revoked, suspended, or canceled under any other provisions of the Maryland Vehicle Law.
Md. Code, Transportation § 16-815 — MD Code / Article gtr / Title 16 / Subtitle 8 / Section 16-815
§16–815.
Status: in_force

(a) (1) A Class A commercial driver’s license authorizes the licensee to drive the following motor vehicles and combinations of motor vehicles:

(i) Any combination of vehicles with a gross combination weight rating of 26,001 or more pounds if the GVWR of the vehicles being towed is in excess of 10,000 pounds; and

(ii) Any vehicle or combination of vehicles that a Class B commercial driver’s license authorizes its holder to drive.

(2) An individual who is issued a Class A commercial driver’s license under this subsection may not drive or attempt to drive a motor vehicle on any highway in this State unless a Class A commercial driver’s license or an appropriately endorsed Class A commercial driver’s license authorizes the individual to drive a vehicle of the class that the individual is driving or attempting to drive.

(b) (1) A Class B commercial driver’s license authorizes the licensee to drive the following motor vehicles and combinations of motor vehicles:

(i) Any single vehicle with a gross vehicle weight rating (GVWR) of 26,001 or more pounds;

(ii) Any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR; and

(iii) Any vehicle that a Class C commercial driver’s license authorizes its holder to drive.

(2) An individual who is issued a Class B commercial driver’s license under this subsection may not drive or attempt to drive a motor vehicle on any highway in this State unless a Class B commercial driver’s license or an appropriately endorsed Class B commercial driver’s license authorizes the individual to drive a vehicle of the class that the individual is driving or attempting to drive.

(c) (1) A Class C commercial driver’s license authorizes the licensee to drive the following motor vehicles and combinations of motor vehicles:

(i) Any single vehicle less than 26,001 pounds gross vehicle weight rating (GVWR);

(ii) Any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR; and

(iii) Any vehicle which a noncommercial Class C driver’s license authorizes its holder to drive, except for motorcycles.

(2) An individual who is issued a Class C commercial driver’s license under this subsection may not drive or attempt to drive a motor vehicle on any highway in this State unless a Class C commercial driver’s license or an appropriately endorsed Class C commercial driver’s license authorizes the individual to drive a vehicle of the class that the individual is driving or attempting to drive.

(d) (1) A commercial driver’s instructional permit authorizes the holder to operate commercial motor vehicles of Class A, B, and C subject to the conditions of Subtitle 1 of this title.

(2) An instructional permit is not a license within the meaning of the single license restriction placed upon drivers of commercial motor vehicles.

(e) (1) In addition to the requirements contained in subsections (a), (b), and (c) of this section, an operator must obtain State–issued endorsements of an operator’s commercial driver’s license to operate commercial motor vehicles which are:

(i) Double/triple trailers;

(ii) Vehicles designed to transport 16 or more passengers including the driver (passenger vehicles);

(iii) School buses; or

(iv) Tank vehicles.

(2) A school bus endorsement authorized under this subsection is also an endorsement for vehicles designed to transport 16 or more passengers including the driver (passenger vehicles).

(f) (1) In addition to the requirements contained in subsections (a), (b), and (c) of this section, an operator must obtain a State–issued endorsement of an operator’s commercial driver’s license to operate a commercial motor vehicle that is required to be placarded for hazardous materials.

(2) Before an operator can obtain a State–issued endorsement under this subsection, the operator shall apply to the Criminal Justice Information System Central Repository for a national and State criminal history records check.

(3) The Administration may not issue a hazardous materials endorsement of a commercial driver’s license without the approval of the Transportation Security Administration of the federal Department of Homeland Security.

(4) The Department of Public Safety and Correctional Services and the Director of the Criminal Justice Information System Central Repository, in consultation with the Administration, may adopt regulations to carry out this section.

(g) (1) In this subsection, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(2) An operator requesting a State–issued endorsement under subsection (f) of this section shall apply to the Central Repository for a national and a State criminal history records check.

(3) As part of the application for a criminal history records check, the operator shall submit to the Central Repository:

(i) Two complete sets of the operator’s legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

(ii) The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and

(iii) The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(4) (i) The Central Repository shall provide a receipt to the operator for the fees paid under paragraph (3)(ii) and (iii) of this subsection.

(ii) The operator’s employer may pay the fees or reimburse the operator for the fees required under paragraph (3)(ii) and (iii) of this subsection.

(5) (i) In accordance with §§ 10–201 through 10–234 of the Criminal Procedure Article, the Central Repository shall forward to the operator and the Transportation Security Administration of the federal Department of Homeland Security, a printed statement of the operator’s criminal history record information.

(ii) If criminal history record information is reported to the Central Repository after the date of the criminal history records check, the Central Repository shall provide to the Transportation Security Administration of the federal Department of Homeland Security and the operator a revised printed statement of the operator’s criminal history record information.

(6) In accordance with regulations adopted by the Department of Public Safety and Correctional Services, the Administration shall verify periodically a list of operators of commercial motor vehicles that are required to be placarded for hazardous materials.

(7) Information obtained from the Central Repository under this section shall be:

(i) Confidential and may not be disseminated; and

(ii) Used only for the purpose authorized by this section.

(8) The subject of a criminal history records check under this subsection may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.

(h) Except as provided in § 16–101 of this title, a person convicted of a violation of subsection (e) of this section is subject to:

(1) For a first offense, imprisonment not exceeding 2 months or a fine not exceeding $500 or both;

(2) For a second offense, imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both; and

(3) For a third or subsequent offense, imprisonment not exceeding 1 year or a fine not exceeding $2,000 or both.
Md. Code, Housing and Community Development § 16-311 — MD Code / Article ghs / Title 16 / Subtitle 3 / Section 16-311
§16–311.
Status: in_force

(a) A mediator panel may be used in collective bargaining when:

(1) the Montgomery Commission and the employee organization agree to mediation; or

(2) an impasse results, and the Montgomery Commission or the employee organization requests mediation.

(b) (1) The Montgomery Commission and the employee organization shall:

(i) each choose one mediator from a list supplied by the American Arbitration Association or the Federal Mediation and Conciliation Service; and

(ii) together choose a third mediator from a list supplied by the American Arbitration Association or the Federal Mediation and Conciliation Service.

(2) If the Montgomery Commission and the employee organization cannot agree on a jointly appointed mediator, the labor relations administrator shall choose the third mediator.

(c) The Montgomery Commission and the employee organization shall share the costs of mediation equally.
Md. Code, Business Occupations and Professions § 16-217 — MD Code / Article gbo / Title 16 / Subtitle 2 / Section 16-217
§16–217.
Status: in_force

(a) (1) Beginning on July 1, 2011, the Commission may set by regulation reasonable fees for its services.

(2) The fees charged shall be:

(i) set so as to produce funds to approximate the cost of maintaining the Commission; and

(ii) based on the calculations performed by the Secretary of Labor under § 2–106.8 of the Business Regulation Article.

(b) The Commission shall publish the fee schedule set by the Commission.

(c) (1) Beginning on July 1, 2011, the Commission shall pay all fees collected under this title to the Comptroller.

(2) The Comptroller shall distribute the fees to the State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors Fund established in § 2–106.7 of the Business Regulation Article.
Md. Code, Land Use § 16-308 — MD Code / Article glu / Title 16 / Subtitle 3 / Section 16-308
§16–308.
Status: in_force

(a) (1) If the parties to collective bargaining have not reached an agreement on or before December 1 or any later date determined by mutual agreement of the parties on a collective bargaining agreement that would succeed the existing collective bargaining agreement:

(i) either party may declare a bargaining impasse; and

(ii) the parties jointly shall appoint an arbitrator.

(2) If the parties are unable to agree on an arbitrator, the labor relations administrator shall appoint the arbitrator on or before December 7 or any later date determined by mutual agreement of the parties.

(3) Notwithstanding appointment of the arbitrator, this subtitle does not require arbitration to begin before February 1 or any later date determined by mutual agreement of the parties.

(b) On or before February 1 or any later date determined by mutual agreement of the parties, the arbitrator shall direct the parties to submit:

(1) a joint memorandum listing all items to which the parties previously agreed; and

(2) a separate memorandum of each party’s last final offer presented in negotiations on all items to which the parties previously did not agree.

(c) (1) On or before February 10 or any later date determined by mutual agreement of the parties, the arbitrator shall hold a closed hearing on the parties’ proposals at a time, date, and place selected by the arbitrator.

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

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

(d) (1) On or before February 15 or any later date determined by mutual agreement of the parties, the arbitrator shall issue a report selecting the last final offer submitted by the parties that the arbitrator determines to be more reasonable when viewed as a whole.

(2) In determining which last final offer is more reasonable, the arbitrator may consider only:

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

(ii) a comparison of wages, hours, benefits, and other conditions of employment of police officers in Montgomery County and Prince George’s County;

(iii) the public interest and welfare;

(iv) the ability of the Commission to finance any economic adjustments required under the proposed collective bargaining agreement; and

(v) the effects of any economic adjustments on the standard of public services normally provided by the Commission.

(3) In determining which last final offer is more reasonable, the arbitrator shall consider all items on which the parties agreed before the arbitration began to be integrated into each offer.

(4) The arbitrator may not:

(i) receive or consider the history of collective bargaining relating to the immediate dispute, including any offers of settlement not contained in the last final offer submitted to the arbitrator; or

(ii) compromise or alter the last final offer that the arbitrator selects.

(e) (1) Subject to § 16–310(a) of this subtitle, the last final offer selected by the arbitrator, as integrated with the items on which the parties previously agreed, shall be the final agreement between the Commission and the exclusive representative without ratification by the parties.

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

(f) The Commission and the exclusive representative shall share equally the costs of the arbitrator’s services.
Md. Code, Land Use § 16-315 — MD Code / Article glu / Title 16 / Subtitle 3 / Section 16-315
§16–315.
Status: in_force

(a) Employees may not engage in a strike.

(b) If a strike occurs, a court of competent jurisdiction may enjoin the strike on request of the Commission.

(c) An employee may not receive compensation from the Commission while the employee is engaged in a strike.

(d) (1) If an employee organization certified as an exclusive representative engages in a strike, the Labor Commissioner shall revoke its certification.

(2) An employee organization that is decertified under paragraph (1) of this subsection or any other employee organization that engages in a strike is ineligible to be certified as an exclusive representative for 1 year after the end of the strike.
Md. Code, Transportation § 16-111.2 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-111.2
§16–111.
Status: in_force

§16–111.2.

(a) (1) When an applicant applies for an initial driver’s license or for a class of driver’s license other than that which the applicant currently holds, the applicant shall pay the Administration a license fee established by the Administration. This fee covers issuance of a learner’s instructional permit and, if the applicant qualifies before the learner’s instructional permit expires, issuance of a driver’s license or provisional license.

(2) If a learner’s instructional permit is not required, the applicant shall pay the Administration, when the driver’s license is issued, a license fee established by the Administration.

(3) If an appointment to take a driver’s license examination made by the applicant is not kept, the Administration may charge the applicant a missed appointment fee established by the Administration.

(b) (1) Except as provided in paragraph (2) of this subsection, for the renewal of a noncommercial Class A, B, C, D, E, or M driver’s license, a licensee shall pay the Administration a renewal fee established by the Administration.

(2) The Administration may not charge a licensee who is a recipient of the Medal of Honor a fee for the renewal of the licensee’s noncommercial Class A, B, C, D, E, or M driver’s license.

(c) For issuance of a duplicate or corrected noncommercial Class A, B, C, D, E, or M driver’s license, a licensee shall pay the Administration a duplicate or corrected driver’s license fee established by the Administration.

(d) For conversion of a provisional license to a driver’s license issued under § 16-111.1 of this subtitle, a licensee shall pay the Administration a fee established by the Administration.

(e) A licensee shall pay a fee established by the Administration if the license is issued or renewed under § 16–104.1 of this subtitle.

(f) (1) Whenever an applicant or licensee pays a fee required under subsection (a)(1) or (2) or (b) of this section, the Administration shall offer the individual the option to make a voluntary contribution of $1 to the Organ and Tissue Donation Awareness Fund established under Title 13, Subtitle 9 of the Health - General Article.

(2) All moneys collected under this subsection shall be paid to the Comptroller of the State and deposited into the Organ and Tissue Donation Awareness Fund established under Title 13, Subtitle 9 of the Health - General Article.
Md. Code, Criminal Procedure § 16-301 — MD Code / Article gcp / Title 16 / Subtitle 3 / Section 16-301
§16–301.
Status: reserved

(a) There is a Board of Trustees of the Office of the Public Defender.

(b) The Board of Trustees consists of 13 members.

(c) (1) Each member of the Board of Trustees shall be a resident of the State.

(2) 11 members of the Board of Trustees shall be appointed by the Governor with the advice and consent of the Senate and shall include a representative of each judicial circuit of the State.

(3) All members of the Board of Trustees shall be active attorneys admitted to practice before the Supreme Court of Maryland.

(4) One member shall be appointed by the President of the Senate.

(5) One member shall be appointed by the Speaker of the House of Delegates.

(6) Each member appointed to the Board of Trustees shall:

(i) have significant experience in criminal defense or other matters relevant to the work of the Board of Trustees; or

(ii) have demonstrated a strong commitment to quality representation of indigent defendants, including juvenile respondents.

(7) A member of the Board of Trustees may not be:

(i) a current member or employee of:

1. the Judicial Branch; or

2. a law enforcement agency in the State; or

(ii) 1. a State’s Attorney of a county or municipal corporation of the State;

2. the Attorney General of Maryland; or

3. the State Prosecutor.

(d) (1) The term of an appointed member of the Board of Trustees is 3 years.

(2) The terms of appointed members are staggered as required by the terms provided for members of the Board of Trustees on October 1, 2010.

(3) A vacancy occurring on the Board of Trustees during the term of a member shall be filled for the remainder of the unexpired term in the same manner as provided for appointments in this section.

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

(5) A member whose term has expired may be reappointed to the Board of Trustees.

(e) (1) The Board of Trustees annually shall elect a chair from among its members.

(2) The chair shall preside over and represent the interests of the Board of Trustees in carrying out this title.

(f) Seven members of the Board of Trustees are a quorum.

(g) (1) The Board of Trustees shall hold at least one regular annual meeting at a time and place that the chair designates.

(2) Additional meetings shall be held as necessary and may be called on notice by the chair or at the request of at least two members of the Board of Trustees.

(h) A member of the Board of Trustees:

(1) may not receive compensation for serving on the Board of Trustees; but

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Business Regulation § 16-210 — MD Code / Article gbr / Title 16 / Subtitle 2 / Section 16-210
§16–210.
Status: in_force

(a) Subject to the hearing provisions of § 16–211 of this subtitle, the Executive Director may deny a license to an applicant, reprimand a licensee, or suspend or revoke a license if the applicant or licensee:

(1) fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another person;

(2) fraudulently or deceptively uses a license;

(3) fails to comply with the Maryland Cigarette Sales Below Cost Act or regulations adopted under that Act;

(4) fails to comply with the provisions of Title 11, Subtitle 5A of the Commercial Law Article;

(5) buys cigarettes for resale:

(i) in violation of a license; or

(ii) from a person who is not a licensed cigarette manufacturer, licensed subwholesaler, licensed vending machine operator, or licensed wholesaler;

(6) is convicted, under the laws of the United States or of any other state, of:

(i) a felony; or

(ii) a misdemeanor that is a crime of moral turpitude and is directly related to the fitness and qualification of the applicant or licensee; or

(7) has not paid a tax due before October 1 of the year after the tax became due.

(b) Subject to the hearing provisions of § 16–211 of this subtitle, the Executive Director may suspend or revoke a license if the licensee violates:

(1) Title 12 of the Tax – General Article, or regulations adopted under that title; or

(2) this title or regulations adopted under this title.

(c) Subject to the hearing provisions of § 16–211 of this subtitle, the Executive Director shall deny a license to any applicant who has had a license revoked under this section until:

(1) 1 year has passed since the license was revoked; and

(2) it satisfactorily appears to the Executive Director that the applicant will comply with this title and any regulations adopted under this title.

(d) Prior to the issuance or renewal of any license, the Executive Director shall conduct an investigation with regard to:

(1) the applicant;

(2) the business to be operated; and

(3) the facts set forth in the application.
Md. Code, Commercial Law § 16-801 — MD Code / Article gcl / Title 16 / Subtitle 8 / Section 16-801
§16–801.
Status: in_force

In this subtitle, “conservation measure”, “lender”, “loan”, and “museum” have the meanings stated in § 17–401 of this article.
Md. Code, Land Use § 16-105 — MD Code / Article glu / Title 16 / Subtitle 1 / Section 16-105
§16–105.
Status: in_force

After proper notice and due consideration, the Commission may remove a member of the board for misfeasance, malfeasance, or nonfeasance in office.
Md. Code, Transportation § 16-804 — MD Code / Article gtr / Title 16 / Subtitle 8 / Section 16-804
§16–804.
Status: in_force

An individual who drives a commercial motor vehicle may not have more than 1 driver’s license.
Md. Code, Education § 16-407.2 — MD Code / Article ged / Title 16 / Subtitle 4 / Section 16-407.2
§16–407.
Status: in_force

§16–407.2.

(a) There is an Anne Arundel Community College Police Force.

(b) (1) An Anne Arundel Community College police officer has the powers granted to a peace and police officer.

(2) (i) An Anne Arundel Community College police officer may exercise these powers only on property that is owned, leased, or operated by or under the control of Anne Arundel Community College.

(ii) The police officer may not exercise these powers on any other property unless:

1. Engaged in fresh pursuit of a suspected offender;

2. Necessary to facilitate the orderly flow of traffic to and from property owned, leased, or operated by or under the control of Anne Arundel Community College; or

3. Ordered to do so by the Governor.

(c) (1) In consultation with the Secretary of State Police and the Maryland Police Training and Standards Commission, the Anne Arundel Community College Board of Trustees shall adopt standards, qualifications, and prerequisites of character, training, education, human and public relations, and experience for Anne Arundel Community College police officers, including standards for the performance of their duties.

(2) To the extent practicable, the Board shall adopt standards that are similar to the standards adopted for the Department of State Police.

(d) The Anne Arundel Community College Board of Trustees shall adopt regulations governing the operation and conduct of the Anne Arundel Community College Police Force and of Anne Arundel Community College police officers.
Md. Code, Transportation § 16-107 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-107
§16–107.
Status: in_force

(a) The application of a minor for a license shall be cosigned by:

(1) A parent or guardian of the applicant;

(2) If the applicant has no parent or guardian or is married, an adult employer of the applicant or any other responsible adult; or

(3) If the applicant is committed to the custody or guardianship of a local department of social services, the director of the department or the director’s designee.

(b) The individual cosigning the application of a minor shall:

(1) (i) Provide the cosigner’s mailing address to the Administration; and

(ii) Within 30 days of any change in the mailing address occurring while the applicant or licensee is a minor, notify the Administration of the change; and

(2) Certify that the statements made in the application are true to the best of the cosigner’s knowledge, information, and belief.
Md. Code, Health - General § 16-204 — MD Code / Article ghg / Title 16 / Subtitle 2 / Section 16-204
§16–204.
Status: in_force

(a) (1) Except as provided in subsections (b) and (c) of this section, all payments made under this subtitle for services provided through a facility or program of the Department shall be:

(i) Made to and collected by the Department; and

(ii) Accounted for and paid into the General Fund of this State by the Department.

(2) If the Secretary has delegated to a political subdivision or grantee the collection of payments for services, the political subdivision or grantee shall collect and account for these payments in accordance with the rules and regulations of the Department.

(b) (1) The Department may collect fees from persons certified for Kidney Disease Program benefits prior to providing these benefits in accordance with Title 13, Subtitle 3 of this article. Any fee collected by the Department for kidney disease services may be kept by the Department only to maintain and operate the State Kidney Disease Program.

(2) Subject only to the limitations provided in Title 13, Subtitle 3 of this article and in the provisions of the State budget for the State Kidney Disease Program, the Department may require providers of services in State or privately operated kidney disease centers and providers of prescription drugs and other pharmaceutical products to seek all available third party reimbursement prior to billing the program.

(c) The Department may collect fees from a core service agency or local behavioral health authority for the cost of treatment of individuals whom the core service agency authorizes as eligible for admission into a State facility as described in Title 10, Subtitle 4 of this article. Any such fees collected by the Department for the admission and treatment of individuals authorized by the core service agency or local behavioral health authority shall be kept by the Department to be used to maintain and operate the respective State facility.

(d) (1) If a recipient of services dies, the Department may make a claim against the estate of the recipient for any unpaid fees established for that recipient.

(2) Except as provided in paragraph (4) of this subsection, a claim under this subsection may not include any fee for services provided more than 3 years before the recipient of services died.

(3) A claim made under this subsection is a preferred claim against the estate of a deceased recipient of services. The claim may be waived by the Department if, in its judgment, enforcement of the claim will cause substantial hardship to dependents of the deceased.

(4) If a responsible relative who is liable for the cost of care of the recipient of services has misrepresented assets or submitted fraudulent information and, by doing so, has avoided any part of the claim for the cost of care, there is no limitation on the time in which the claim may be brought against the estate.

(e) (1) The Department may institute any proceedings that the Department considers necessary to require collection of the established but uncollected payments.

(2) The Central Collection Unit in the Department of Budget and Management shall handle those delinquent accounts and debts that the Maryland Department of Health refers under § 3–202 of the State Finance and Procurement Article.
Md. Code, Transportation § 16-210 — MD Code / Article gtr / Title 16 / Subtitle 2 / Section 16-210
§16–210.
Status: in_force

(a) On canceling, suspending, or revoking a driver’s license, the Administration shall require that the license be surrendered to the Administration.

(b) At the end of a suspension period, the Administration shall issue a driver’s license to the licensee.

(c) When the Administration suspends or revokes a Maryland driver’s license or issues a restricted license, the suspension, revocation, or restriction is effective at the time the decision is rendered, unless otherwise ordered by the Administration.

(d) Credit for the term of the suspension, revocation, or period of restriction shall begin only after the Administration has received:

(1) The driver’s license issued to the licensee immediately prior to the decision to suspend, revoke, or restrict the license; or

(2) A certification that:

(i) A Maryland driver’s license is not in the possession of the licensee; and

(ii) If the Maryland driver’s license comes into the licensee’s possession, the licensee shall immediately surrender the license to the Administration.
Md. Code, Business Occupations and Professions § 16-3A-05 — MD Code / Article gbo / Title 16 / Subtitle 3A / Section 16-3A-05
§16–3A–05.
Status: in_force

If an applicant qualifies for a home inspector license under this title, the Commission shall send the applicant a notice that states:

(1) the applicant has qualified for the license; and

(2) the Commission will issue the home inspector license to an applicant upon receipt of a license fee set by the Commission.
Md. Code, Education § 16-502 — MD Code / Article ged / Title 16 / Subtitle 5 / Section 16-502
§16–502.
Status: in_force

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

(b) “Board of Trustees” means the Board of Trustees of Baltimore City Community College.

(c) “College” means Baltimore City Community College, formerly known as the New Community College of Baltimore.

(d) “Commission” means the Maryland Higher Education Commission.

(e) “Full–time equivalent student” means the quotient of the number of student credit hours, including those earned by a P–TECH student as provided under § 7–1804(c) of this article, produced in the fiscal year 2 years prior to the fiscal year for which the State appropriation is calculated divided by 30, as certified by the Maryland Higher Education Commission.

(f) “Officer” means the president and the vice presidents of the College and other officers as shall be appointed by the Board of Trustees.

(g) “Secretary” means the Secretary of Higher Education.

(h) “State appropriation” means the amount of money for Baltimore City Community College operating funds to be provided each fiscal year to the Board of Trustees by the State.

(i) “Student credit hours” means student credit hours or contact hours which are eligible, under the regulations issued by the Maryland Higher Education Commission, for inclusion in State funding calculations.
Md. Code, Business Occupations and Professions § 16-208 — MD Code / Article gbo / Title 16 / Subtitle 2 / Section 16-208
§16–208.
Status: in_force

(a) To protect the interests of the public, the Commission shall promptly adopt, by regulation:

(1) appraisal standards of conduct for all individuals licensed or certified as real estate appraisers under this title, including standards regarding conflicts of interest and ethical conduct; and

(2) a code of ethics and standards of practice for individuals licensed as home inspectors under this title.

(b) The Commission shall promptly adopt at a minimum the uniform standards of professional appraisal practice of the appraisal foundation to meet the requirement under subsection (a) of this section.

(c) At the request of a licensee or certificate holder, the Commission shall provide a copy of the appraisal standards it adopts to the licensed or certified real estate appraiser or a copy of home inspection standards it adopts to the licensed home inspector.
Md. Code, Alcoholic Beverages and Cannabis § 16-802 — MD Code / Article gab / Title 16 / Subtitle 8 / Section 16-802
§16–802.
Status: in_force

(a) There is a Class A beer and wine license.

(b) (1) The license authorizes the license holder to sell beer and wine, at retail, at the place described in the license.

(2) The license holder shall sell the beer and wine in a sealed package or container.

(3) The package or container may not be opened and its contents may not be consumed on the premises where the beer or wine is sold.

(c) The annual license fee is:

(1) from July 1, 2014, to June 30, 2017, $340; and

(2) beginning on July 1, 2017, $500.
Md. Code, Insurance § 16-303 — MD Code / Article gin / Title 16 / Subtitle 3 / Section 16-303
§16–303.
Status: in_force

(a) Subject to § 16-304(a) of this subtitle, a policy of life insurance may not be delivered or issued for delivery in the State on or after the operative date of this subtitle unless the policy contains in substance:

(1) each provision in subsections (b) through (g) of this section; or

(2) corresponding provisions that in the opinion of the Commissioner are at least as favorable to a defaulting or surrendering policyholder as the corresponding minimum requirements in subsections (b) through (g) of this section and that essentially comply with § 16-312 of this subtitle.

(b) (1) Each policy shall contain a provision that if a premium payment is in default after premiums have been paid for at least 1 year, on proper request under paragraph (2) of this subsection the insurer will grant:

(i) a paid-up nonforfeiture benefit on a plan specified in the policy of the amount required by this subtitle, effective as of the due date of the premium in default; or

(ii) an actuarially equivalent paid-up nonforfeiture benefit that provides a greater amount or longer period of death benefits or a greater amount or earlier payment of any endowment benefits.

(2) The request for a paid-up nonforfeiture benefit must be made to the insurer within 60 days after the due date of the premium in default.

(c) Each policy shall contain a provision that unless a person entitled to elect another available option within 60 days after the due date of the premium in default makes the election, the specified paid-up nonforfeiture benefit becomes effective.

(d) Each policy shall contain a provision that on surrender of a policy within 60 days after the due date of a premium in default, instead of a paid-up nonforfeiture benefit, the insurer will pay a cash surrender value as specified in the policy of the amount required by this subtitle after premiums have been paid for at least:

(1) 3 years for ordinary life insurance; or

(2) 5 years for industrial life insurance.

(e) Each policy shall contain a provision that on surrender of a policy within 30 days after the policy anniversary, the insurer will pay a cash surrender value as specified in the policy of the amount required by this subtitle if the policy:

(1) is paid-up by completion of all premium payments; or

(2) is continued under a paid-up nonforfeiture benefit that became effective on or after:

(i) the third policy anniversary for ordinary life insurance; or

(ii) the fifth policy anniversary for industrial life insurance.

(f) (1) If a policy provides for unscheduled changes in benefits or premiums on a basis guaranteed by the policy or provides an option for changes in benefits or premiums, other than a change to a new policy, the policy shall contain a statement of the mortality table, interest rate, and method used to calculate cash surrender values and paid-up nonforfeiture benefits available under the policy.

(2) (i) Each policy other than a policy described in paragraph (1) of this subsection shall contain:

1. a statement of the mortality table and interest rate used to calculate cash surrender values and paid-up nonforfeiture benefits available under the policy; and

2. a table that shows any cash surrender value and any paid-up nonforfeiture benefit available under the policy on each policy anniversary during the first 20 years of the policy or, if shorter, the term of the policy.

(ii) Cash surrender values and paid-up nonforfeiture benefits shall be calculated on the assumption that:

1. there are no dividends or paid-up additions credited to the policy; and

2. there is no indebtedness to the insurer on the policy.

(g) Each policy shall contain:

(1) a statement that cash surrender values and paid-up nonforfeiture benefits available under the policy are not less than the minimum values and benefits required by this article;

(2) an explanation how cash surrender values and paid-up nonforfeiture benefits are altered due to paid-up additions credited to the policy or indebtedness to the insurer on the policy;

(3) a statement that the method of calculating cash surrender values and paid-up nonforfeiture benefits has been filed with the Commissioner if a detailed statement of the calculation method is not stated in the policy; and

(4) a statement of the method of calculating the cash surrender value and paid-up nonforfeiture benefit available under the policy on any policy anniversary after the last anniversary for which the cash surrender values and paid-up nonforfeiture benefits are shown consecutively in the policy.
Md. Code, Business Regulation § 16-601 — MD Code / Article gbr / Title 16 / Subtitle 6 / Section 16-601
§16–601.
Status: in_force

§16–601. ** CONTINGENCY – IN EFFECT – CHAPTER 497 OF 2007 **

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

(b) “Cigarette” has the meaning stated in § 16–101 of this title.

(c) “Consumer testing” means an assessment of cigarettes that is conducted by a manufacturer or conducted under the control and direction of a manufacturer for the purpose of evaluating consumer acceptance of the cigarettes by using only the quantity of cigarettes that is reasonably necessary for the assessment.

(d) “Manufacturer” has the meaning stated in § 16–201 of this title.

(e) “Quality control and quality assurance program” means laboratory procedures implemented to ensure that:

(1) operator bias, systematic and nonsystematic methodological errors, and equipment–related problems do not affect the results of the testing; and

(2) the testing repeatability remains within the required repeatability value for any test trial used to certify cigarettes under this subtitle.

(f) “Repeatability” means the range of values within which the repeat results of cigarette test trials from a single laboratory fall 95% of the time.

(g) “Retailer” has the meaning stated in § 16–201 of this title.

(h) (1) “Sale” means the exchange or transfer, or the agreement to exchange or transfer, title or possession of property in any manner or by any means for consideration.

(2) “Sale” includes:

(i) the giving or distribution of cigarettes as samples, prizes, gifts, or in connection with consumer testing; and

(ii) the exchange of cigarettes for any consideration other than money.

(i) “Subwholesaler” has the meaning stated in § 16–201 of this title.

(j) “Vending machine operator” has the meaning stated in § 16–201 of this title.

(k) “Wholesaler” has the meaning stated in § 16–201 of this title.
Md. Code, Land Use § 16-205 — MD Code / Article glu / Title 16 / Subtitle 2 / Section 16-205
§16–205.
Status: in_force

(a) The labor relations administrator shall conduct an election for an exclusive representative after:

(1) an employee organization demonstrates, by petition, that at least 30% of the eligible employees in a bargaining unit support representation by an exclusive representative for collective bargaining; or

(2) an employee or an employee organization demonstrates, by petition, that at least 30% of the eligible employees in a bargaining unit no longer support the current exclusive representative.

(b) (1) At least 30 days before an election under subsection (a) of this section, the labor relations administrator shall obtain from the Commission and provide to the employee organization a list of the names, addresses, and telephone numbers of every employee in the bargaining unit.

(2) The provision of a list under this subsection by the Commission, the labor relations administrator, or a Commission official, employee, or other agent does not constitute a violation of § 4–331 of the General Provisions Article or any State or local law.

(c) Elections shall be conducted by secret ballot containing:

(1) the name of each employee organization that submits a valid petition requiring an election;

(2) the name of any other employee organization supported by a petition signed by at least 10% of the eligible employees in the bargaining unit; and

(3) an option for no representation.

(d) (1) If a petition described in subsection (a)(1) of this section is submitted at the same time that a petition described in subsection (a)(2) of this section is submitted, one election shall be held to determine which employee organization, if any, shall be the exclusive representative.

(2) The ballot shall contain:

(i) the name of the current certified employee organization;

(ii) the name of the petitioning employee organization; and

(iii) an option for no representation.

(e) (1) If none of the choices on the ballot receives a majority of the votes cast, the labor relations administrator shall hold a runoff election.

(2) In the runoff election, the ballot shall contain the two choices that received the highest number of votes cast in the initial election.

(f) After the election, the labor relations administrator shall certify the employee organization that received a majority of the votes cast as the exclusive representative.

(g) If the petitioning employee organization is certified as the result of an election held under subsection (d) of this section, that employee organization shall be treated as a successor in interest and party to any collective bargaining agreement to which the previous employee organization was a party.

(h) The Commission and the employee organization shall share equally the costs of the election procedures.

(i) (1) Elections may not be conducted:

(i) within 1 year after the date of a valid election under this section; or

(ii) except as provided in paragraph (2) of this subsection, during the term of a collective bargaining agreement.

(2) During the term of a collective bargaining agreement, a petition for an election may be filed only during November of the fiscal year in which the agreement expires.
Md. Code, Insurance § 16-118 — MD Code / Article gin / Title 16 / Subtitle 1 / Section 16-118
§16–118.
Status: in_force

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

(2) “Credit life insurance” has the meaning stated in § 13–101 of this article.

(3) “Death master file” means:

(i) the Social Security Administration’s Death Master File; or

(ii) any other database or service that is at least as comprehensive as the Social Security Administration’s Death Master File for determining that an individual reportedly has died.

(4) “Death master file match” means a match, resulting from a search of a death master file, of a Social Security number or a name and date of birth of an individual on the death master file with the Social Security number or the name and date of birth of an insured, annuitant, or retained asset account holder.

(5) “Pre–need insurance contract” means a life insurance policy or certificate, annuity contract, or other insurance contract that, by assignment or otherwise, has as a purpose the funding of an agreement relating to the purchase or provision of specific funeral or cemetery merchandise or services to be provided at the time of death of an individual.

(6) “Retained asset account” has the meaning stated in § 16–117(a) of this subtitle.

(b) This section does not apply to:

(1) an annuity contract that:

(i) is used to fund an employment–based retirement plan or program; and

(ii) does not require the insurer under the annuity contract to pay death benefits to the beneficiaries of specific plan or program participants;

(2) a policy or certificate of life insurance that provides a death benefit under:

(i) an employee benefit plan subject to the federal Employee Retirement Income Security Act of 1974; or

(ii) any federal employee benefit program;

(3) a pre–need insurance contract;

(4) a policy or certificate of credit life insurance; or

(5) a policy or certificate of accidental death and dismemberment insurance.

(c) (1) An insurer that issues, delivers, or renews a policy of life insurance or an annuity contract in the State shall perform a comparison of the insurer’s in–force life insurance policies, annuity contracts, and retained asset accounts against the latest version of a death master file to identify any death benefit payments that may be due under the policies, contracts, or retained asset accounts as a result of the death of an insured, annuitant, or retained asset account holder.

(2) An insurer shall perform the comparison required under paragraph (1) of this subsection:

(i) at regular intervals, on at least a semiannual basis; and

(ii) in good faith, using criteria reasonably designed to identify individuals whose death would require the payment of benefits by the insurer under a life insurance policy, annuity contract, or retained asset account.

(3) For a group life insurance policy, an insurer is not required to perform the comparison required under paragraph (1) of this subsection unless the insurer provides full record–keeping services to the group life insurance policy holder.

(d) (1) If a comparison performed by an insurer under subsection (c) of this section results in a death master file match with an insured, annuitant, or retained asset account holder, the insurer, within 90 days after the comparison was performed, shall:

(i) conduct a good faith effort to confirm the death of the insured, annuitant, or retained asset account holder using other available records and information;

(ii) determine whether benefits are due under the applicable life insurance policy, annuity contract, or retained asset account; and

(iii) if benefits are due under the policy, contract, or retained asset account:

1. use good faith efforts to locate the beneficiary; and

2. provide to the beneficiary the appropriate claims forms and instructions necessary to make a claim.

(2) An insurer shall document the good faith efforts made to:

(i) confirm the death of an insured, annuitant, or retained asset account holder under paragraph (1)(i) of this subsection; and

(ii) locate a beneficiary under paragraph (1)(iii)1 of this subsection.

(3) To the extent permitted by law, an insurer may disclose the minimum necessary personal information about an insured, an annuitant, a retained asset account holder, or a beneficiary to a person that the insurer reasonably believes may be able to assist the insurer in locating a beneficiary as required under paragraph (1)(iii)1 of this subsection.

(e) An insurer may not charge an insured, an annuitant, a retained asset account holder, a beneficiary, or any other person for any fees or costs incurred by the insurer in connection with complying with subsections (c) and (d) of this section.

(f) The Commissioner may adopt regulations to implement this section.
Md. Code, Business Regulation § 16-604 — MD Code / Article gbr / Title 16 / Subtitle 6 / Section 16-604
§16–604.
Status: in_force

§16–604. IN EFFECT

** CONTINGENCY – IN EFFECT – CHAPTER 497 OF 2007 **

(a) Cigarettes that have been certified in accordance with § 16–603 of this subtitle shall be marked in accordance with the requirements of this section.

(b) The marking shall:

(1) consist of:

(i) any marking in use and approved for sale in New York under the New York fire safety standards for cigarettes; or

(ii) the letters “FSC” to signify Fire Standards Compliant;

(2) be in a font of at least 8 point type; and

(3) be permanently printed, stamped, engraved, or embossed on the package at or near the area of the UPC code, if present.

(c) A manufacturer may propose an alternative marking that:

(1) meets the criteria under subsection (b)(2) and (3) of this section; and

(2) consists of a visible combination of alphanumeric or symbolic characters or text permanently stamped, engraved, embossed, or printed:

(i) in conjunction with the UPC code; or

(ii) on the cigarette pack or cellophane wrap.

(d) (1) A manufacturer shall request approval of a proposed marking from the Executive Director.

(2) (i) The Executive Director shall approve a marking specified in subsection (b)(1) of this section.

(ii) A marking is deemed approved if the Executive Director fails to act within 10 business days after receiving a request for approval.

(3) A manufacturer may not use a modified marking unless the modification has been approved in accordance with this section.

(4) A manufacturer shall use only one marking on all brands that the manufacturer markets.

(5) A marking or modified marking approved by the Executive Director shall be applied uniformly on all brands marketed and on all packages, including packs, cartons, and cases marketed by that manufacturer.
Md. Code, Housing and Community Development § 16-110 — MD Code / Article ghs / Title 16 / Subtitle 1 / Section 16-110
§16–110.
Status: in_force

(a) By May 1 each year, the Montgomery Commission shall submit its proposed budget to the County Council.

(b) The public shall have an appropriate opportunity to comment on the proposed budget.
Md. Code, Education § 16-407 — MD Code / Article ged / Title 16 / Subtitle 4 / Section 16-407
§16–407.
Status: in_force

(a) The Board of Community College Trustees for Frederick County consists of seven members. Of the members:

(1) Each shall be a resident of Frederick County; and

(2) Each shall be appointed by the Governor, with the advice and consent of the Senate, for a term of 5 years.

(b) (1) A member of the Board of Community College Trustees may not serve more than three consecutive 5–year terms.

(2) A member of the Frederick County Board of Education may not serve on the Board of Community College Trustees.

(c) Each member of the Board is entitled to $500 a year for expenses.
Md. Code, Transportation § 16-504 — MD Code / Article gtr / Title 16 / Subtitle 5 / Section 16-504
§16–504.
Status: in_force

To qualify as a certified driver education instructor, an individual shall:

(1) Meet the qualifications established by the Administration in consultation with the State Department of Education;

(2) Successfully complete the Administration approved certification courses; and

(3) Demonstrate a proficiency in teaching the adopted or approved driver education course.
Md. Code, Business Regulation § 16-401 — MD Code / Article gbr / Title 16 / Subtitle 4 / Section 16-401
§16–401.
Status: in_force

(a) Cigarette smoking presents serious public health concerns to the State and to the citizens of the State. The United States Surgeon General has determined that smoking causes lung cancer, heart disease, and other serious diseases, and that there are hundreds of thousands of tobacco–related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.

(b) Cigarette smoking also presents serious financial concerns for the State. Under certain health care programs, the State may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive the medical assistance.

(c) Under these programs, the State pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking.

(d) It is the policy of the State that financial burdens imposed on the State by cigarette smoking be borne by tobacco product manufacturers rather than by the State to the extent that such manufacturers either determine to enter into a settlement with the State or are found culpable by the courts.

(e) On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the “Master Settlement Agreement”, with the State. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present, and certain future claims against them as described in the Agreement, to pay substantial sums to the State (tied in part to their volume of sales); to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.

(f) (1) It would be contrary to the policy of the State if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short–term profits in the years before liability may arise without ensuring that the State will have an eventual source of recovery from them if they are proven to have acted culpably.

(2) It is thus in the interest of the State to require such tobacco product manufacturers to establish a reserve fund to guarantee a source of compensation in order to prevent them from deriving large, short–term profits and then becoming judgment–proof before liability may arise.