Md. Code, Health - General § 17-605 — MD Code / Article ghg / Title 17 / Subtitle 6 / Section 17-605
§17–605.
Status: in_force

(a) A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for the first offense and not exceeding $500 for each subsequent conviction for a violation of the same provision.

(b) Each day a violation is continued after the first conviction is a subsequent offense.
Md. Code, Business Occupations and Professions § 17-535 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-535
§17–535.
Status: in_force

(a) A licensee may not be deemed to be an agent or subagent of or to have a brokerage relationship with a common source information company solely by reason of a licensee’s participation in a common source information company.

(b) A licensee may not be deemed to be an agent or subagent of any client of another broker solely by reason of a licensee’s participation in or use of a common source information company.

(c) A common source information company may not restrict access to its services to any licensee solely based on the size or type of licensee.
Md. Code, State Finance and Procurement § 17-219 — MD Code / Article gsf / Title 17 / Subtitle 2 / Section 17-219
§17–219.
Status: in_force

(a) Each contractor under a public work contract subject to this subtitle shall:

(1) post a clearly legible statement of each prevailing wage rate to be paid under the public work contract; and

(2) keep the statement posted during the full time that any employee is employed on the public work contract.

(b) The statement of prevailing wage rates shall be posted in a prominent and easily accessible place at the site of the public work.

(c) Subject to § 10-1001 of the State Government Article, the Commissioner may impose on a person that violates this section a civil penalty of up to $50 per violation.
Md. Code, Insurance § 17-205 — MD Code / Article gin / Title 17 / Subtitle 2 / Section 17-205
§17–205.
Status: in_force

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

(2) “Public employees association” means an association of federal, State, county, or municipal corporation employees.

(3) “Public employer” means a county, municipal corporation, association of counties or municipal corporations, State college or university, or unit of State, county, or municipal corporation government.

(b) (1) Subject to the requirements of this section, the lives of a group of individuals may be insured under a policy issued to a public employer or public employees association to cover employees of the public employer or members of the public employees association for the benefit of persons other than the public employer or public employees association.

(2) The public employer or public employees association to which the policy is issued is deemed the policyholder.

(c) (1) All employees of the public employer, all members of the public employees association, or all of any class or classes of employees or members determined by conditions pertaining to their employment or membership in the public employees association or both are eligible for insurance under a policy issued in accordance with this section.

(2) A policy issued to insure employees of a public employer may provide that the term “employee” includes:

(i) a retired employee; and

(ii) an elected or appointed official.

(d) (1) The premium for the policy shall be paid from funds contributed by the public employer or public employees association, or by both, or from funds contributed by the covered persons or from both the covered persons and the public employer or public employees association.

(2) Except as provided in paragraph (3) of this subsection, a policy on which no part of the premium is to be derived from funds contributed by the covered persons specifically for the insurance must insure all eligible persons, except those who reject the coverage in writing.

(3) An insurer may exclude or limit the coverage on any person as to whom evidence of individual insurability is not satisfactory to the insurer.

(4) A public employer may require written authorization from an employee to deduct from the employee’s salary the required contributions for the premium.
Md. Code, Business Occupations and Professions § 17-3A-02 — MD Code / Article gbo / Title 17 / Subtitle 3A / Section 17-3A-02
§17–3A–02.
Status: in_force

(a) Subject to the limitations of this subtitle, the Commission may issue a reciprocal license to a person:

(1) holding a current license to provide real estate brokerage services issued by another state; and

(2) whose principal place of business for the provision of real estate brokerage services is outside the State.

(b) The reciprocal license shall be for the category of license the Commission determines is most similar to the category of license issued by the other state.
Md. Code, Land Use § 17-305 — MD Code / Article glu / Title 17 / Subtitle 3 / Section 17-305
§17–305.
Status: in_force

(a) (1) In Prince George’s County, the county planning board may appoint a deputy chief of the county division of the park police.

(2) The deputy chief has the same jurisdiction, powers, and authority as park police officers appointed by the Commission.

(b) The deputy chief shall serve at the pleasure of the county planning board.

(c) The county planning board shall set the compensation of the deputy chief.
Md. Code, Business Regulation § 17-20A-06 — MD Code / Article gbr / Title 17 / Subtitle 20A / Section 17-20A-06
§17–20A–06.
Status: in_force

The requirements of this subtitle are in addition to and do not exempt or otherwise alter the obligations of a transient vendor under the requirements of:

(1) the sales and use tax law under Titles 11 and 13 of the Tax - General Article; and

(2) any other licensing or permit requirements under this title or under any other laws of the State or a subdivision of the State.
Md. Code, Health - General § 17-2A-01 — MD Code / Article ghg / Title 17 / Subtitle 2A / Section 17-2A-01
§17–2A–01.
Status: in_force

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

(b) (1) “Forensic analysis” means a medical, chemical, toxicologic, firearms, or other expert examination or test performed on physical evidence, including DNA evidence, for the purpose of determining the connection of the evidence to a criminal act.

(2) “Forensic analysis” includes an examination or test required by a law enforcement agency, prosecutor, criminal suspect or defendant, or court.

(3) “Forensic analysis” does not include:

(i) A test of a specimen of breath or blood to determine alcohol concentration or controlled dangerous substance content;

(ii) Forensic information technology;

(iii) A presumptive test performed at a crime scene;

(iv) A presumptive test performed for the purpose of determining compliance with a term or condition of community supervision or parole and conducted by or under contract with a county department of corrections or the State Department of Public Safety and Correctional Services; or

(v) An expert examination or test conducted principally for the purpose of scientific research, medical practice, civil or administrative litigation, or any other purpose unrelated to determining the connection of physical evidence to a criminal act.

(c) “Forensic information technology” means digital or electronic evidence that is stored or transmitted electronically.

(d) (1) “Forensic laboratory” means a facility, entity, or site that offers or performs forensic analysis.

(2) “Forensic laboratory” includes a laboratory owned or operated by the State, a county or municipal corporation in the State, or another governmental entity.

(3) “Forensic laboratory” does not include:

(i) A forensic laboratory operated by the federal government; or

(ii) A laboratory licensed or certified by the Department of Agriculture.

(e) “License” means a permit, letter of exception, certificate, or other document issued by the Secretary granting approval or authority to offer or perform forensic laboratory tests, examinations, or analyses in the State.

(f) “Limited forensic analysis” means a forensic laboratory test or analysis defined in regulations adopted by the Secretary.

(g) “Physical evidence” means any object, thing, or substance relating to a criminal act.
Md. Code, Commercial Law § 17-322 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-322
§17–322.
Status: in_force

(a) At reasonable times and on reasonable notice, the Administrator may examine the records of any person if there is reason to believe that the person has failed to report property that should have been reported under this title. The Administrator may not examine the records of any person regarding abandoned property after 5 years from the date the person filed the report with the Administrator covering the period of time during which the property allegedly became abandoned, unless the Administrator finds that the person acted fraudulently or with gross negligence with respect to the report.

(b) If any person refuses to permit the examination of records, the Administrator may issue a subpoena to compel the person to testify and produce records. The subpoena shall be served by the sheriff of the county where the person resides or may be found. The person shall be entitled to the same per diem and mileage as witnesses appearing in a circuit court of the State, which shall be paid by the State.

(c) If any person refuses to obey any subpoena so issued or refuses to testify or produce records, the Administrator may present a petition to the circuit court of the county where the person is served with the subpoena or where the person resides. The court then shall issue an order to require the person to obey the subpoena or to show cause for failure to obey it. Unless the person shows sufficient cause for failing to obey the subpoena, the court immediately shall direct the person to obey and, on refusal to comply, adjudge the person to be in contempt of court and punished as the court may direct.
Md. Code, Land Use § 17-402 — MD Code / Article glu / Title 17 / Subtitle 4 / Section 17-402
§17–402.
Status: in_force

(a) The Commission has acquired title to the entire parcel of property known as Glenn Dale Hospital for use in accordance with this section.

(b) (1) The Commission:

(i) shall maintain the approximately 150 acres that have not been developed as part of the existing hospital campus in the Commission’s park system; and

(ii) may sell, lease, or otherwise transfer the approximately 60 acres that have been developed as a hospital campus to a person who will adaptively reuse, at a minimum, the main hospital campus buildings on the property by returning the property to a state of utility, through repair and alteration, that:

1. gives the property an efficient and contemporary use; and

2. preserves portions and features of the property that are historically, architecturally, and culturally significant.

(2) If the Commission is unable to find a qualified person to carry out the intent of paragraph (1)(ii) of this subsection, the Commission shall retain possession of the approximately 60 acres until the General Assembly approves an alternate use.
Md. Code, Transportation § 17-201 — MD Code / Article gtr / Title 17 / Subtitle 2 / Section 17-201
§17–201.
Status: in_force

In this subtitle, “judgment” means any final judgment resulting from:

(1) A cause of action for damages arising out of the ownership, maintenance, or use on any highway or other property open to the public of any vehicle of a type required to be registered in this State; or

(2) A cause of action on an agreement of settlement for damages arising out of the ownership, maintenance, or use on any highway or other property open to the public of any vehicle of a type required to be registered in this State.
Md. Code, Alcoholic Beverages and Cannabis § 17-1301 — MD Code / Article gab / Title 17 / Subtitle 13 / Section 17-1301
§17–1301.
Status: in_force

Title 4, Subtitle 12 (“Temporary Licenses”) of Division I of this article applies in the county without exception or variation.
Md. Code, Local Government § 17-309 — MD Code / Article glg / Title 17 / Subtitle 3 / Section 17-309
§17–309.
Status: in_force

(a) The State Treasurer shall maintain a separate account designated by name or number for each authorized participant in the Pool, including the State, to record the individual transactions and totals of all investments of each authorized participant.

(b) At least monthly, the State Treasurer shall credit accumulated income to each authorized participant’s account.

(c) (1) The State Treasurer shall provide to each authorized participant a monthly report of the changes in investments made during the preceding month.

(2) On request, the State Treasurer shall provide a detailed report of any transaction relating to an investment of an authorized participant.

(d) On request, the State Treasurer shall pay from the Pool the principal and credited income of an account maintained for an authorized participant if the request conforms to the terms of the deposit.

(e) (1) The State Treasurer may not make a payment from an account of an authorized participant in an amount that exceeds the total amount of money in the account.

(2) The payee shall refund any excess amount paid.
Md. Code, Commercial Law § 17-308.2 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-308.2
§17–308.
Status: in_force

§17–308.2.

Not more than 120 days or less than 30 days before the filing of the report required under § 17–310 of this subtitle, the holder in possession of presumed abandoned property shall send a written notice by first–class mail to the apparent owner of presumed abandoned property valued at $100 or more to the owner’s last known address informing the owner that:

(1) The holder is in possession of property subject to the provisions of this title; and

(2) The property will be considered abandoned unless the owner responds within 30 days of the notification to the holder.
Md. Code, Business Regulation § 17-1404 — MD Code / Article gbr / Title 17 / Subtitle 14 / Section 17-1404
§17–1404.
Status: in_force

(a) An applicant for a promoter license shall:

(1) pay to the clerk a license fee of $500; and

(2) get a health permit from the health officer.

(b) An applicant for a health permit shall:

(1) post a bond in accordance with § 17–1405 of this subtitle;

(2) establish adequate health facilities and sanitation in accordance with any regulations adopted by the Maryland Department of Health to govern outdoor musical festivals; and

(3) show that the applicant has obtained approval of the local law enforcement unit.

(c) (1) Approval of a local law enforcement unit under subsection (b)(3) of this section shall be based on the applicant’s ability to provide:

(i) adequate security for the safety of spectators and their property;

(ii) adequate arrangements for the orderly flow of traffic to, at, and from the outdoor musical festival; and

(iii) adequate security for those persons who might reasonably be affected by the outdoor musical festival and for their property.

(2) Paragraph (1)(iii) of this subsection does not apply in St. Mary’s County.
Md. Code, Local Government § 17-305 — MD Code / Article glg / Title 17 / Subtitle 3 / Section 17-305
§17–305.
Status: in_force

(a) The State Treasurer shall establish investment policies for the Pool.

(b) Subject to the objectives and requirements of this part, the State Treasurer shall establish procedures for:

(1) the investment and reinvestment of money in the Pool; and

(2) the acquisition, retention, management, and disposition of investments of the Pool.

(c) (1) The State Treasurer shall invest money in the Pool in accordance with §§ 6–222 and 6–223 of the State Finance and Procurement Article.

(2) Notwithstanding any other law, the State Treasurer may:

(i) invest and reinvest money in the Pool in bankers’ acceptances guaranteed by banks; and

(ii) sell, redeem, or exchange an investment or reinvestment made under this paragraph.

(d) Except as otherwise provided in this part, the State Treasurer shall retain custody of all instruments of title to all investments of the Pool.

(e) (1) The State Treasurer may deposit with one or more fiscal agents or banks any instruments of title to investments of the Pool that the State Treasurer considers advisable.

(2) A fiscal agent or bank shall hold any instruments of title deposited with the agent or bank for collection of:

(i) the principal of and interest or other income from the investments; or

(ii) the proceeds of sale of the investments.

(f) The State Treasurer shall collect the principal of and interest or other income from investments of the Pool, the instruments of title to which are in the State Treasurer’s custody, when due and payable.
Md. Code, Commercial Law § 17-306 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-306
§17–306.
Status: in_force

All intangible personal property and any income or increment on it, held in a fiduciary capacity for the benefit of another person, is presumed abandoned unless, within 3 years after it becomes payable or distributable, the owner has increased or decreased the principal, accepted payment of principal or income, corresponded in writing concerning the property, or otherwise indicated an interest as evidenced by a memorandum on file with the fiduciary.
Md. Code, Insurance § 17-101 — MD Code / Article gin / Title 17 / Subtitle 1 / Section 17-101
§17–101.
Status: in_force

(a) Unless approved by the Commissioner, a group life insurance policy may not be offered to a resident of the State under a group life insurance policy issued:

(1) to a group other than one described in Subtitle 2 of this title; or

(2) in another jurisdiction unless the type of group to be covered conforms substantially to a type of group described in Subtitle 2 of this title.

(b) The premium for the policy shall be paid either from the policyholder’s funds or from funds contributed by the covered persons, or from both.

(c) An insurer may exclude or limit the coverage on any person as to whom evidence of individual insurability is not satisfactory to the insurer.

(d) A policy of group life insurance may not be delivered or issued for delivery in the State if the policy excludes or restricts liability for death that is the result of an act of terrorism that the covered person did not commit and in which the covered person did not participate.

(e) An insurer who seeks to solicit coverage for Maryland residents under a group life insurance policy issued in another jurisdiction shall include in the certificate form used in connection with the coverage a notice on the first page in 12-point bold type that states:

“The group insurance policy providing coverage under this certificate was issued in a jurisdiction other than Maryland and may not provide all of the benefits required by Maryland law.”
Md. Code, Land Use § 17-116 — MD Code / Article glu / Title 17 / Subtitle 1 / Section 17-116
§17–116.
Status: in_force

(a) Whenever the acquisition of real property for a program or project the Commission undertakes will result in a person being displaced, the Commission shall refer each displaced person who needs relocation advisory services to the appropriate county agency that provides those services in accordance with § 12–206 of the Real Property Article.

(b) The agency shall provide relocation advisory services to the displaced person the Commission refers to the agency under the agency’s relocation advisory services program.
Md. Code, Housing and Community Development § 17-103 — MD Code / Article ghs / Title 17 / Subtitle 1 / Section 17-103
§17–103.
Status: in_force

(a) The General Assembly finds that:

(1) there are in Prince George’s County:

(i) a shortage of decent, safe, and adequate housing and continuing care facilities for the elderly;

(ii) economically depressed areas; and

(iii) housing in need of rehabilitation;

(2) as a result of these conditions:

(i) county residents are forced to occupy overcrowded, congested, and deteriorated housing and live in depressed neighborhoods; and

(ii) many of the elderly must remain in housing that is ill-suited to their current needs and abilities;

(3) these conditions require too much public money to be spent for protection of the public health, safety, and welfare, and for other public services and facilities;

(4) the operation of continuing care facilities absorbs costs of health, safety, and social services of the residents of those facilities while adding to the available housing stock of the county;

(5) private enterprise alone cannot wholly meet the need to:

(i) relieve the shortage of decent, safe, and adequate housing and continuing care facilities;

(ii) revitalize depressed neighborhoods; and

(iii) rehabilitate housing;

(6) the construction and rehabilitation of housing, including continuing care facilities for county residents, and the acquisition and expenditure of public money to produce that housing therefore do not compete with private enterprise;

(7) a need exists for mortgage credit to be made available for constructing new housing and rehabilitating existing housing for many buyers and owners of housing who cannot afford mortgage credit at the market interest rate or get mortgage credit because the mortgage credit market is severely restricted;

(8) (i) there is a need to:

1. acquire, construct, and rehabilitate continuing care facilities at the least cost to those who use them;

2. construct housing that is decent, safe, and adequate; and

3. rehabilitate housing to make it decent, safe, and adequate; and

(ii) it is in the public interest to expend public resources and give assistance to meet this need;

(9) many families live in housing that is decent and safe, but is inadequate for the size of the family;

(10) some of those families could afford to buy new housing if their existing homes could be sold to smaller families for whom the homes would be more adequate;

(11) many potential buyers of these existing homes are first-time buyers, who find it difficult or impossible to afford newly constructed housing because they do not have an equity interest in their present housing to help finance a home purchase; and

(12) therefore, it is in the public interest to help first-time homebuyers acquire existing housing as well as newly constructed or rehabilitated housing, as the assistance will:

(i) help nonhomeowners acquire housing;

(ii) help homeowners to acquire more adequate housing; and

(iii) stimulate the private sector production of new housing.

(b) The General Assembly finds that this title:

(1) creates a sound housing stock;

(2) contributes towards a balanced economy;

(3) promotes the health, welfare, and safety of the residents; and

(4) serves valid public purposes.
Md. Code, Business Occupations and Professions § 17-604 — MD Code / Article gbo / Title 17 / Subtitle 6 / Section 17-604
§17–604.
Status: in_force

(a) Except as provided in subsection (b) of this section, a real estate broker, an associate real estate broker, or a real estate salesperson may not pay compensation, in any form, for the provision of real estate brokerage services to any person who is not licensed under this title.

(b) Subsection (a) of this section does not prohibit the payment of compensation to:

(1) an individual:

(i) who is licensed in another state; and

(ii) who meets the requirements of § 17–513 of this title;

(2) a professional service corporation formed under § 17–512 of this title;

(3) a limited liability company formed under § 17–512 of this title;

(4) a business entity formed under § 17–512 of this title; or

(5) a title insurance producer licensed under Title 10 of the Insurance Article acting in accordance with subsection (c) of this section.

(c) During the settlement of property, a licensed title insurance producer may, on behalf of a real estate broker and in accordance with a written disbursement authorization provided by the real estate broker, pay compensation to:

(1) an associate real estate broker;

(2) a real estate salesperson; or

(3) a business entity formed under § 17–512 of this title.
Md. Code, Public Utilities § 17-202.1 — MD Code / Article gpu / Title 17 / Subtitle 2 / Section 17-202.1
§17–202.
Status: in_force

§17–202.1.

(a) (1) On or before November 1, 2025, the Commission shall submit the following information to the county councils of Montgomery County and Prince George’s County and, in accordance with § 2–1257 of the State Government Article, the General Assembly:

(i) a long–range comprehensive financial plan that:

1. is developed by the Commission in conjunction with an independent financial advisor; and

2. meets the requirements of subsection (b) of this section; and

(ii) any updated Commission policies relating to financial management.

(2) On or before June 1, 2026, and every 5 years thereafter, the Commission shall submit to the county councils of Montgomery County and Prince George’s County and, in accordance with § 2–1257 of the State Government Article, the General Assembly:

(i) an updated version of the long–range comprehensive financial plan; and

(ii) any updated Commission policies relating to financial management.

(b) A long–range comprehensive financial plan shall:

(1) include stress testing based on industry standards; and

(2) test the impact of a wide range of economic conditions that may affect the Commission and its financial solvency, including changes in employment rates, interest rates, and water usage.

(c) The Commission shall publish the long–range comprehensive financial plan on the Commission’s website established under § 17–401 of this title.
Md. Code, Alcoholic Beverages and Cannabis § 17-301 — MD Code / Article gab / Title 17 / Subtitle 3 / Section 17-301
§17–301.
Status: in_force

There is no liquor control board or department of liquor control in the county.
Md. Code, Alcoholic Beverages and Cannabis § 17-2202 — MD Code / Article gab / Title 17 / Subtitle 22 / Section 17-2202
§17–2202.
Status: in_force

In addition to the conditions stated in Title 4, Subtitle 7 of this article, a license expires in the county if a license holder:

(1) no longer uses the license;

(2) has the intention of terminating the business of the licensed premises; and

(3) has not timely filed:

(i) an application for a transfer to another location or another person under Subtitle 17 of this title; or

(ii) an application for a certificate of permission or a renewal license for continuation of business under Subtitle 18 of this title.
Md. Code, Environment § 17-204 — MD Code / Article gen / Title 17 / Subtitle 2 / Section 17-204
§17–204.
Status: in_force

(a) The Board shall meet at least twice a year, at the times and places that the Board determines.

(b) Each member of the Board is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(c) The Board may employ staff in accordance with the State budget.
Md. Code, Health - General § 17-602 — MD Code / Article ghg / Title 17 / Subtitle 6 / Section 17-602
§17–602.
Status: in_force

(a) There is a Biological Agents Registry Program in the Department.

(b) The Biological Agents Registry shall:

(1) Identify the biological agents possessed and maintained by any person in this State; and

(2) Contain other information as required by regulations adopted by the Department.

(c) The Department shall adopt regulations for the implementation of the Program that:

(1) Determine and list the biological agents required to be reported under this subtitle;

(2) Designate the persons required to make reports and the specific information required to be reported;

(3) Designate time limits for reporting, the form of reports, and the persons to whom reports are to be submitted;

(4) Require local jurisdictions to be informed of the location and nature of each biological agent in the Registry that is located within the local jurisdiction;

(5) Provide for the release of information in the Biological Agents Registry to:

(i) State and federal law enforcement agencies and the Centers for Disease Control and Prevention pursuant to a communicable disease investigation commenced or conducted by the Department or other State or federal law enforcement agency having investigatory authority, or in connection with any investigation involving release, theft, or loss of biological agents;

(ii) The Maryland Department of Emergency Management and the Maryland Department of the Environment for the purposes of planning for the protection of the public in relation to the release of a biological agent and the prevention of a release of a biological agent; and

(iii) The Maryland Institute for Emergency Medical Services Systems for the purposes of providing certain specified information to:

1. A police officer, as defined in § 3–201(f) of the Public Safety Article, responding to an emergency; and

2. A fire, rescue, or emergency medical services entity, as defined in § 7–101 of the Public Safety Article, performing emergency services, responding to a fire or other emergency, or dispatched on a call for emergency services;

(6) Establish a system of safeguards that requires persons possessing, maintaining, and transferring biological agents subject to this subtitle to comply with the same federal standards that apply to persons registered to transfer the same agents under federal law; and

(7) Establish a process for persons that possess and maintain biological agents to alert appropriate authorities of unauthorized possession or attempted possession of biological agents.
Md. Code, Business Occupations and Professions § 17-212 — MD Code / Article gbo / Title 17 / Subtitle 2 / Section 17-212
§17–212.
Status: in_force

In addition to any powers and duties set forth elsewhere, the Commission has the following powers and duties:

(1) to adopt a seal;

(2) to use the seal to authenticate its proceedings; and

(3) to approve educational courses.
Md. Code, Education § 17-201 — MD Code / Article ged / Title 17 / Subtitle 2 / Section 17-201
§17–201.
Status: in_force

There is an Eminent Scholar Program to give public institutions of higher education the opportunity to attract and keep faculty who have achieved national eminence in their disciplines.
Md. Code, State Finance and Procurement § 17-214 — MD Code / Article gsf / Title 17 / Subtitle 2 / Section 17-214
§17–214.
Status: in_force

(a) Except as provided in subsection (b) of this section, each contractor and subcontractor under a public work contract shall pay not less than the prevailing wage rate of straight time to an employee for each hour that the employee works.

(b) A contractor and subcontractor shall pay an employee the prevailing wage rate of overtime for each hour that the employee works:

(1) in excess of 10 hours in any single calendar day;

(2) in excess of 40 hours per each workweek; or

(3) on Sunday or a legal holiday.
Md. Code, Estates and Trusts § 17-104 — MD Code / Article get / Title 17 / Subtitle 1 / Section 17-104
§17–104.
Status: in_force

(a) A person may not require an additional or different form of power of attorney for any authority granted in a statutory form power of attorney.

(b) A person that refuses in violation of this section to accept an acknowledged statutory form power of attorney is subject to:

(1) A court order mandating acceptance of the power of attorney; and

(2) Liability for reasonable attorney’s fees and costs incurred in an action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.
Md. Code, Business Regulation § 17-302 — MD Code / Article gbr / Title 17 / Subtitle 3 / Section 17-302
§17–302.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection and except as otherwise provided in this title, an applicant for a new license under this title shall submit to the clerk:

(i) an application that the clerk provides; and

(ii) payment of the appropriate license fee required by this title.

(2) If an applicant is applying for a new trader’s license in a county or municipality that has not selected a uniform license fee under § 17–1806 of this title, the applicant shall submit to the clerk a certification by the State Department of Assessments and Taxation, or other certification acceptable to the clerk, of the value of the stock–in–trade reported as inventory on the Business Personal Property Tax Return in each county where the business is located for the appropriate valuation year.

(b) (1) Subject to paragraph (2) of this subsection and except as otherwise provided in this title, a licensee applying for renewal of a license shall submit to the clerk, electronically or otherwise:

(i) a certification by the county treasurer under subsection (c) of this section that there are no unpaid taxes due to the State or county on the fixtures or stock–in–trade; and

(ii) payment of the appropriate license fee required by this title.

(2) If a licensee is applying to renew a trader’s license under this title, the licensee shall submit to the clerk a certification by the State Department of Assessments and Taxation, or other certification acceptable to the clerk, of the value of the fixtures and stock–in–trade reported as inventory on the Business Personal Property Tax Return in each county where the business is located for the applicant’s business for the appropriate valuation year.

(c) (1) In this subsection, “county treasurer” includes the Director of Finance or other chief fiscal officer of a county that does not have a county treasurer.

(2) This subsection does not apply to a domestic corporation that has shares subject to taxation under State law.

(3) Except as otherwise provided in this title, a licensee applying for renewal of a license shall submit to the clerk, electronically or otherwise:

(i) a certification by the county treasurer of that county, if applicable, that there are no unpaid taxes due to the county on the fixtures or stock–in–trade;

(ii) a certification by the municipal corporation, if any, where the business is located that there are no unpaid taxes due to the municipal corporation on the fixtures or stock–in–trade; and

(iii) a certification by the Comptroller that there are no unpaid taxes due to the State.

(d) In this section, the valuation year:

(1) in Washington County, is the fiscal year that includes May 1 of the calendar year when the license is issued; or

(2) in each other county, is the second preceding calendar year before the year for which the license is sought.

(e) (1) This subsection applies only in Calvert County.

(2) The clerk may not issue a license under this title for the first time to a business that will be located in Calvert County unless the applicant submits to the clerk a certification that the location of the business for which the license is sought is zoned for the type of business for which the applicant is seeking a license.

(3) The certification must be issued from:

(i) the Calvert County Department of Planning and Zoning; or

(ii) the appropriate municipal corporation, if the location of the proposed business is within the boundaries of a municipal corporation.

(f) Each application for a license shall contain any information required by the Comptroller in regulation.
Md. Code, Transportation § 17-110 — MD Code / Article gtr / Title 17 / Subtitle 1 / Section 17-110
§17–110.
Status: in_force

(a) Whenever evidence of security is required under this subtitle, a person may not willfully and knowingly create, certify, file, or provide false evidence of required security.

(b) A person convicted of a violation of this section is subject to:

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

(2) For a second or subsequent offense, imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.
Md. Code, Business Occupations and Professions § 17-528 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-528
§17–528.
Status: in_force

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

(b) “Broker” means a licensed real estate broker, including a corporation, limited liability company, partnership, or sole proprietorship through which a licensed real estate broker provides real estate brokerage services under § 17–321 of this title.

(c) “Brokerage agreement” means a written agreement between a broker and a client to provide real estate brokerage services under a brokerage relationship.

(d) “Brokerage relationship” means a relationship under a brokerage agreement between a client and a broker who has been authorized by the client to provide real estate brokerage services in a residential real estate transaction.

(e) “Buyer’s agent” means a licensed real estate broker, licensed associate real estate broker, or licensed real estate salesperson who, in accordance with a written brokerage agreement, represents a prospective buyer or lessee in the acquisition of real estate for sale or for lease.

(f) “Client” means a person who has entered into a brokerage agreement with a broker under a brokerage relationship.

(g) (1) “Common source information company” means any person that is a source, compiler, or supplier of information regarding residential real estate for sale or lease or other data.

(2) “Common source information company” includes a multiple listing service.

(h) “Confidential information” includes information that:

(1) the seller or lessor will accept a price or rent less than the price or rent as set forth in the brokerage agreement or will accept terms other than those contained in the brokerage agreement;

(2) the buyer or lessee is willing to pay a price or rent higher than the price or rent the buyer or lessee offered or will accept terms other than those contained in the offer of the buyer or lessee;

(3) discloses the motivation of a buyer, lessee, seller, or lessor or the need or urgency of a seller to sell, a buyer to buy, a lessee to lease, or a lessor to lease;

(4) discloses any facts that led the seller to sell, the buyer to buy, the lessee to lease, or the lessor to lease; or

(5) relates to the negotiating strategy of a client.

(i) “Dual agency” means each relationship in which a licensed real estate broker or branch office manager acts as a dual agent.

(j) “Dual agent” means a licensed real estate broker who acts as, or a branch office manager described in § 17–518(d) of this subtitle who has been designated by the licensed real estate broker to act as, an agent for both the seller and the buyer or the lessor and the lessee in the same real estate transaction.

(k) “Intra–company agent” means a licensed associate real estate broker or licensed real estate salesperson who has been designated by a dual agent to act on behalf of a seller or lessor or buyer or lessee in the purchase, sale, or lease of real estate.

(l) “Ministerial act” means an act that:

(1) a licensee performs on behalf of a client before and after the execution of a contract of sale or lease;

(2) assists another person to complete or fulfill a contract of sale or lease with the client of the licensee; and

(3) does not involve discretion or the exercise of the licensee’s own judgment.

(m) “Seller’s agent” means a licensed real estate broker who, in accordance with a written brokerage agreement, acts as the listing broker for real estate, or a licensed associate real estate broker or licensed real estate salesperson who is affiliated with the listing broker.

(n) “Subagent” means a licensed real estate broker, licensed associate real estate broker, or licensed real estate salesperson who:

(1) is not affiliated with or acting as the listing real estate broker for a property;

(2) is not a buyer’s agent;

(3) has a brokerage relationship with the seller or lessor; and

(4) assists a prospective buyer or lessee in the acquisition of real estate for sale or for lease in a nonagency capacity.

(o) “Timely” means a reasonable time under the particular facts and circumstances.
Md. Code, Business Regulation § 17-1810 — MD Code / Article gbr / Title 17 / Subtitle 18 / Section 17-1810
§17–1810.
Status: reserved

(a) Except as provided in subsection (b) of this section, a trader may transfer the trader’s license to a person who:

(1) buys the stock–in–trade of the trader; and

(2) buys or rents the place of business of the trader.

(b) (1) A trader’s license issued to a visually handicapped individual or Blind Industries is not transferable.

(2) However, Blind Industries may change the manager of the place of business for which a trader’s license was issued if the new manager has vision that meets the standard of § 17–1804(b)(1) of this subtitle.

(c) Whenever a trader sells the trader’s stock–in–trade and transfers the trader’s license:

(1) the transfer of the trader’s license shall be reported to the clerk who issued the license; and

(2) the clerk shall record the transfer of the trader’s license.

(d) (1) In Baltimore County, the clerk may not issue a transferred trader’s license without the approval of the zoning commissioner.

(2) In Calvert County, the clerk may not issue a transferred trader’s license unless the zoning requirements under § 17–307 of this title are met.

(e) A person who buys a trader’s license may do business as a trader for the rest of the term of the trader’s license.
Md. Code, Alcoholic Beverages and Cannabis § 17-103 — MD Code / Article gab / Title 17 / Subtitle 1 / Section 17-103
§17–103.
Status: in_force

A copy of any legislation concerning alcoholic beverages enacted by the county governing body under this title shall be sent to the Department of Legislative Services, 90 State Circle, Annapolis, Maryland 21401.
Md. Code, Alcoholic Beverages and Cannabis § 17-1001 — MD Code / Article gab / Title 17 / Subtitle 10 / Section 17-1001
§17–1001.
Status: in_force

(a) There is a beer, wine, and liquor club or organization license.

(b) (1) The Board may issue a beer, wine, and liquor license for the use of a club or organization that:

(i) owns real property in the county; and

(ii) 1. if a yacht club, has at least 150 members, of which at least 50 members own yachts, boats, or other vessels; or

2. if a local veterans’, fraternal, or sororal organization, is associated with a national organization.

(2) The license authorizes the license holder to sell beer, wine, and liquor for on–premises consumption.

(c) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class C beer, wine, and liquor license under § 17–2006 of this title.

(d) The annual license fee is:

(1) $2,000 for a for–profit club or organization; and

(2) $500 for a nonprofit club or organization.
Md. Code, Health Occupations § 17-6B-01 — MD Code / Article gho / Title 17 / Subtitle 6B / Section 17-6B-01
§17–6B–01.
Status: in_force

SECTION 1: PURPOSE.

This Compact is designed to achieve the following objectives:

A. Increase public access to professional counseling services by providing for the mutual recognition of other member state licenses;

B. Enhance the states’ ability to protect the public’s health and safety;

C. Encourage the cooperation of member states in regulating multistate practice for licensed professional counselors;

D. Support spouses of relocating active duty military personnel;

E. Enhance the exchange of licensure, investigative, and disciplinary information among member states;

F. Allow for the use of telehealth technology to facilitate increased access to professional counseling services;

G. Support the uniformity of professional counseling licensure requirements throughout the states to promote public safety and public health benefits;

H. Invest all member states with the authority to hold a licensed professional counselor accountable for meeting all state practice laws in the state in which the client is located at the time care is rendered through the mutual recognition of member state licenses;

I. Eliminate the necessity for licenses in multiple states; and

J. Provide opportunities for interstate practice by licensed professional counselors who meet uniform licensure requirements.

SECTION 2. DEFINITIONS.

As used in this Compact, and except as otherwise provided, the following definitions shall apply:

A. “Active duty military” means full–time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211.

B. “Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state’s laws that is imposed by a licensing board or other authority against a licensed professional counselor, including actions against an individual’s license or privilege to practice, including revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure affecting a licensed professional counselor’s authorization to practice, including issuance of a cease and desist action.

C. “Alternative program” means a non–disciplinary monitoring or practice remediation process approved by a professional counseling licensing board to address impaired practitioners.

D. “Continuing competence/education” means a requirement, as a condition of license renewal, to provide evidence of participation in, or completion of, educational and professional activities relevant to practice or area of work.

E. “Counseling Compact Commission” or “Commission” means the national administrative body whose membership consists of all states that have enacted the Compact.

F. “Current significant investigative information” means:

1. Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the licensed professional counselor to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or

2. Investigative information that indicates that the licensed professional counselor represents an immediate threat to public health and safety regardless of whether the licensed professional counselor has been notified and had an opportunity to respond.

G. “Data system” means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, privilege to practice, and adverse action information.

H. “Encumbered license” means a license in which an adverse action restricts the practice of licensed professional counseling by the licensee and said adverse action has been reported to the National Practitioners Data Bank (NPDB).

I. “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of licensed professional counseling by a licensing board.

J. “Executive committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.

K. “Home state” means the member state that is the licensee’s primary state of residence.

L. “Impaired practitioner” means an individual who has a condition(s) that may impair the individual’s ability�to practice as a licensed professional counselor without some type of intervention and may include, but are not limited to, alcohol and drug dependence, mental health impairment, and neurological or physical�impairments.

M. “Investigative information” means information, records, and documents received or generated by a professional counseling licensing board pursuant to an investigation.

N. “Jurisprudence requirement”, if required by a member state, means the assessment of an individual’s knowledge of the laws and rules governing the practice of professional counseling in a state.

O. “Licensed professional counselor” means a counselor licensed by a member state, regardless of the title used by that state, to independently assess, diagnose, and treat behavioral health conditions.

P. “Licensee” means an individual who currently holds an authorization from the state to practice as a licensed professional counselor.

Q. “Licensing board” means the agency of a state, or equivalent, that is responsible for the licensing and regulation of licensed professional counselors.

R. “Member state” means a state that has enacted the Compact.

S. “Privilege to practice” means a legal authorization, which is equivalent to a license, permitting the practice of professional counseling in a remote state.

T. “Professional counseling” means the assessment, diagnosis, and treatment of behavioral health conditions by a licensed professional counselor.

U. “Remote state” means a member state other than the home state, where a licensee is exercising or seeking to exercise the privilege to practice.

V. “Rule” means a regulation promulgated by the Commission that has the force of law.

W. “Single state license” means a licensed professional counselor license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.

X. “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of professional counseling.

Y. “Telehealth” means the application of telecommunication technology to deliver professional counseling services remotely to assess, diagnose, and treat behavioral health conditions.

Z. “Unencumbered license” means a license that authorizes a licensed professional counselor to engage in the full and unrestricted practice of professional counseling.

SECTION 3. STATE PARTICIPATION IN THE COMPACT.

A. To participate in the Compact, a state must currently:

1. License and regulate licensed professional counselors;

2. Require licensees to pass a nationally recognized exam approved by the Commission;

3. Require licensees to have a 60 semester–hour (or 90 quarter–hour) master’s degree in counseling or 60 semester–hours (or 90 quarter–hours) of graduate course work, including the following topic areas:

a. Professional counseling orientation and ethical practice;

b. Social and cultural diversity;

c. Human growth and development;

d. Career development;

e. Counseling and helping relationships;

f. Group counseling and group work;

g. Diagnosis and treatment and assessment and testing;

h. Research and program evaluation; and

i. Other areas as determined by the Commission;

4. Require licensees to complete a supervised postgraduate professional experience as defined by the Commission; and

5. Have a mechanism in place for receiving and investigating complaints about licensees.

B. A member state shall:

1. Participate fully in the Commission’s data system, including using the Commission’s unique identifier as defined in rules;

2. Notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of investigative information regarding a licensee;

3. Implement or utilize procedures for considering the criminal history records of applicants for an initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric–based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records;

a. A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search and shall use the results in making licensure decisions.

b. Communication between a member state and the Commission and among member states regarding the verification of eligibility for licensure through the Compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Public Law 92–544.

4. Comply with the rules of the Commission;

5. Require an applicant to obtain or retain a license in the home state and meet the home state’s qualifications for licensure or renewal of licensure, as well as all other applicable state laws;

6. Grant the privilege to practice to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the Compact and rules; and

7. Provide for the attendance of the state’s commissioner to the Counseling Compact Commission meetings.

C. Member states may charge a fee for granting the privilege to practice.

D. Individuals not residing in a member state shall continue to be able to apply for a member state’s single state license as provided under the laws of each member state. However, the single state license granted to these individuals shall not be recognized as granting a privilege to practice professional counseling in any other member state.

E. Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single state license.

F. A license issued to a licensed professional counselor by a home state to a resident in that state shall be recognized by each member state as authorizing a licensed professional counselor to practice professional counseling, under a privilege to practice, in each member state.

SECTION 4. PRIVILEGE TO PRACTICE.

A. To exercise the privilege to practice under the terms and provisions of the Compact, the licensee shall:

1. Hold a license in the home state;

2. Have a valid United States Social Security number or National Practitioner Identifier;

3. Be eligible for a privilege to practice in any member state in accordance with Section 4(D), (G), and (H);

4. Have not had any encumbrance or restriction against any license or privilege to practice within the previous two (2) years;

5. Notify the Commission that the licensee is seeking the privilege to practice within a remote state(s);

6. Pay any applicable fees, including any state fee, for the privilege to practice;

7. Meet any continuing competence/education requirements established by the home state;

8. Meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a privilege to practice; and

9. Report to the Commission any adverse action, encumbrance, or restriction on license taken by any non–member state within thirty (30) days from the date the action is taken.

B. The privilege to practice is valid until the expiration date of the home state license. The licensee must comply with the requirements of Section 4(A) to maintain the privilege to practice in the remote state.

C. A licensee providing professional counseling in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state.

D. A licensee providing professional counseling services in a remote state is subject to that state’s regulatory authority. A remote state may, in accordance with due process and that state’s laws, remove a licensee’s privilege to practice in the remote state for a specific period of time, impose fines, or take any other necessary actions to protect the health and safety of its citizens. The licensee may be ineligible for a privilege to practice in any member state until the specific time for removal has passed and all fines are paid.

E. If a home state license is encumbered, the licensee shall lose the privilege to practice in any remote state until the following occur:

1. The home state license is no longer encumbered; and

2. The licensee has not had any encumbrance or restriction against any license or privilege to practice within the previous two (2) years.

F. Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of Section 4(A) to obtain a privilege to practice in any remote state.

G. If a licensee’s privilege to practice in any remote state is removed, the individual may lose the privilege to practice in all other remote states until the following occur:

1. The specific period of time for which the privilege to practice was removed has ended;

2. All fines have been paid; and

3. The licensee has not had any encumbrance or restriction against any license or privilege to practice within the previous two (2) years.

H. Once the requirements of Section 4(G) have been met, the licensee must meet the requirements in Section 4(A) to obtain a privilege to practice in a remote state.

SECTION 5. OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE TO PRACTICE.

A. A licensed professional counselor may hold a home state license, which allows for a privilege to practice in other member states, in only one member state at a time.

B. If a licensed professional counselor changes primary state of residence by moving between two member states:

1. The licensed professional counselor shall file an application for obtaining a new home state license based on a privilege to practice, pay all applicable fees, and notify the current and new home state in accordance with applicable rules adopted by the Commission.

2. Upon receipt of an application for obtaining a new home state license by virtue of a privilege to practice, the new home state shall verify that the licensed professional counselor meets the pertinent criteria outlined in Section 4 through the data system, without need for primary source verification except for:

a. A Federal Bureau of Investigation fingerprint based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the Commission in accordance with Public Law 92–544;

b. Other criminal background check as required by the new home state; and

c. Completion of any requisite jurisprudence requirements of the new home state.

3. The former home state shall convert the former home state license into a privilege to practice once the new home state has activated the new home state license in accordance with applicable rules adopted by the Commission.

4. Notwithstanding any other provision of this Compact, if the licensed professional counselor cannot meet the criteria in Section 4, the new home state may apply its requirements for issuing a new single state license.

5. The licensed professional counselor shall pay all applicable fees to the new home state in order to be issued a new home state license.

C. If a licensed professional counselor changes primary state of residence by moving from a member state to a non–member state, or from a non–member state to a member state, the state criteria shall apply for issuance of a single state license in the new state.

D. Nothing in this Compact shall interfere with a licensee’s ability to hold a single state license in multiple states, however for the purposes of this Compact, a licensee shall have only one home state license.

E. Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single state license.

SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES.

Active duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change the individual’s home state through application for licensure in the new state, or through the process outlined in Section 5.

SECTION 7. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH.

A. Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with Section 3 and under rules promulgated by the Commission, to practice professional counseling in any member state through telehealth under a privilege to practice as provided in the Compact and rules promulgated by the Commission.

B. A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state.

SECTION 8. ADVERSE ACTIONS.

A. In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:

1. Take adverse action against a licensed professional counselor’s privilege to practice within that member state; and

2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.

3. Only the home state shall have the power to take adverse action against a licensed professional counselor’s license issued by the home state.

B. For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.

C. The home state shall complete any pending investigations of a licensed professional counselor who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any adverse actions.

D. A member state, if otherwise permitted by state law, may recover from the affected licensed professional counselor the costs of investigations and dispositions of cases resulting from any adverse action taken against that licensed professional counselor.

E. A member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action.

F. Joint Investigations.

1. In addition to the authority granted to a member state by its respective professional counseling practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.

2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

G. If adverse action is taken by the home state against the license of a licensed professional counselor, the licensed professional counselor’s privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against the license of a licensed professional counselor shall include a statement that the licensed professional counselor’s privilege to practice is deactivated in all member states during the pendency of the order.

H. If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.

I. Nothing in this Compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.

SECTION 9. ESTABLISHMENT OF COUNSELING COMPACT COMMISSION.

A. The Compact member states hereby create and establish a joint public agency known as the Counseling Compact Commission:

1. The Commission is an instrumentality of the Compact states.

2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.

B. Membership, Voting, and Meetings.

1. Each member state shall have and be limited to one (1) delegate selected by that member state’s licensing board.

2. The delegate shall be either:

a. A current member of the licensing board at the time of appointment, who is a licensed professional counselor or public member; or

b. An administrator of the licensing board.

3. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.

4. The member state licensing board shall fill any vacancy occurring on the Commission within sixty (60) days.

5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.

6. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.

7. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

8. The Commission shall by rule establish a term of office for delegates and may by rule establish term limits.

C. The Commission shall have the following powers and duties:

1. Establish the fiscal year of the Commission;

2. Establish bylaws;

3. Maintain its financial records in accordance with the bylaws;

4. Meet and take such actions as are consistent with the provisions of this Compact and the bylaws;

5. Promulgate rules which shall be binding to the extent and in the manner provided for in the Compact;

6. Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state licensing board to sue or be sued under applicable law shall not be affected;

7. Purchase and maintain insurance and bonds;

8. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;

9. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

10. Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;

11. Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use, any property real, personal, or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;

12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

13. Establish a budget and make expenditures;

14. Borrow money;

15. Appoint committees including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;

16. Provide and receive information from, and cooperate with, law enforcement agencies;

17. Establish and elect an executive committee; and

18. Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of professional counseling licensure and practice.

D. The Executive Committee.

1. The executive committee shall have the power to act on behalf of the Commission according to the terms of this Compact.

2. The executive committee shall be composed of up to eleven (11) members:

a. Seven (7) voting members who are elected by the Commission from the current membership of the Commission; and

b. Up to four (4) ex–officio, nonvoting members from four (4) recognized national professional counselor organizations. The ex–officio members will be selected by their respective organizations.

3. The Commission may remove any member of the executive committee as provided in bylaws.

4. The executive committee shall meet at least annually.

5. The executive committee shall have the following duties and responsibilities:

a. Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by Compact member states such as annual dues, and any Commission Compact fee charged to licensees for the privilege to practice;

b. Ensure Compact administration services are appropriately provided, contractual or otherwise;

c. Prepare and recommend the budget;

d. Maintain financial records on behalf of the Commission;

e. Monitor Compact compliance of member states and provide compliance reports to the Commission;

f. Establish additional committees as necessary; and

g. Perform other duties as provided in rules or bylaws.

E. Meetings of the Commission.

1. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 11.

2. The Commission or the executive committee or other committees of the Commission may convene in a closed, non–public meeting if the Commission or executive committee or other committees of the Commission must discuss:

a. Non–compliance of a member state with its obligations under the Compact;

b. The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures;

c. Current, threatened, or reasonably anticipated litigation;

d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

e. Accusing any person of a crime or formally censuring any person;

f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;

g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

h. Disclosure of investigative records compiled for law enforcement purposes;

i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or

j. Matters specifically exempted from disclosure by federal or member state statute.

3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.

4. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.

F. Financing of the Commission.

1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

2. The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

3. The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.

4. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.

5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.

G. Qualified Immunity, Defense, and Indemnification.

1. The members, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.

2. The Commission shall defend any member, officer, executive director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.

3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

SECTION 10. DATA SYSTEM.

A. The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.

B. Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:

1. Identifying information;

2. Licensure data;

3. Adverse actions against a license or privilege to practice;

4. Non–confidential information related to alternative program participation;

5. Any denial of application for licensure, and the reason(s) for such denial;

6. Current significant investigative information; and

7. Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.

C. Investigative information pertaining to a licensee in any member state will only be available to other member states.

D. The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.

E. Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.

F. Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.

SECTION 11. RULEMAKING.

A. The Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purpose of the Compact. Notwithstanding the foregoing, in the event the Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force or effect.

B. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

C. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four (4) years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.

D. Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.

E. Prior to promulgation and adoption of a final rule or rules by the Commission, and at least thirty (30) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking:

1. On the website of the Commission or other publicly accessible platform; and

2. On the website of each member state professional counseling licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.

F. The notice of proposed rulemaking shall include:

1. The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;

2. The text of the proposed rule or amendment and the reason for the proposed rule;

3. A request for comments on the proposed rule from any interested person; and

4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.

G. Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

H. The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:

1. At least twenty–five (25) persons;

2. A state or federal governmental subdivision or agency; or

3. An association having at least twenty–five (25) members.

I. If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held by electronic means, the Commission shall publish the mechanism for access to the electronic hearing.

1. All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.

2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

3. All hearings will be recorded. A copy of the recording will be made available on request.

4. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.

J. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.

K. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.

L. The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

M. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

1. Meet an imminent threat to public health, safety, or welfare;

2. Prevent a loss of Commission or member state funds;

3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or

4. Protect public health and safety.

N. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

SECTION 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT.

A. Oversight.

1. The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law.

2. All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact which may affect the powers, responsibilities, or actions of the Commission.

3. The Commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.

B. Default, Technical Assistance, and Termination.

1. If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:

a. Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the Commission; and

b. Provide remedial training and specific technical assistance regarding the default.

C. If a member state in default fails to cure the default, the defaulting member state may be terminated from the Compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

D. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.

E. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

F. The Commission shall not bear any costs related to a member state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting member state.

G. The defaulting member state may appeal the action of the Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

H. Dispute Resolution.

1. Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and non–member states.

2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

I. Enforcement.

1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.

2. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.

SECTION 13. DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT.

A. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.

B. Any state that joins the Compact subsequent to the Commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.

C. Any member state may withdraw from this Compact by enacting a statute repealing the same.

1. A member state’s withdrawal shall not take effect until six (6) months after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement of the withdrawing state’s professional counseling licensing board to comply with the investigative and adverse action reporting requirements of this Compact prior to the effective date of withdrawal.

D. Nothing contained in this Compact shall be construed to invalidate or prevent any professional counseling licensure agreement or other cooperative arrangement between a member state and a non–member state that does not conflict with the provisions of this Compact.

E. This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

SECTION 14. CONSTRUCTION AND SEVERABILITY.

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.

SECTION 15. BINDING EFFECT OF COMPACT AND OTHER LAWS.

A. A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations, including scope of practice, of the remote state.

B. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact.

C. Any laws in a member state in conflict with the Compact are superseded to the extent of the conflict.

D. Any lawful actions of the Commission, including all rules and bylaws properly promulgated by the Commission, are binding upon the member states.

E. All permissible agreements between the Commission and the member states are binding in accordance with their terms.

F. In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
Md. Code, Transportation § 17-104.3 — MD Code / Article gtr / Title 17 / Subtitle 1 / Section 17-104.3
§17–104.
Status: in_force

§17–104.3.

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

(2) “Adverse event” means an incident that may subject the owner or driver of a rental vehicle to legal liability, including liability for:

(i) Damages;

(ii) Costs of defense;

(iii) Legal costs and fees; and

(iv) Any other claims expenses.

(3) “Motor vehicle rental company” means a person that is in the business of providing motor vehicles to the public under a rental agreement for a period not exceeding 180 days.

(4) “Rental agreement” means a written agreement containing the terms and conditions that govern the use of a rental vehicle provided by a motor vehicle rental company under the provisions of this article.

(b) A person involved in an adverse event that involves a rental vehicle rented by another, or the person’s legal representative, may request information, as provided under subsection (c) of this section, from the motor vehicle company that owns the rental vehicle by submitting a written request to the motor vehicle rental company in accordance with subsection (c) of this section.

(c) (1) If known to the motor vehicle rental company, a request made to a motor vehicle rental company under this section shall include:

(i) The full name of the person that is believed to have rented the rental vehicle involved in the adverse event;

(ii) The date and approximate time of the adverse event; and

(iii) To the extent known, a description of the rental vehicle, including the vehicle’s:

1. Make;

2. Model;

3. Color; and

4. Registration number.

(2) A request made under this section shall be submitted to the motor vehicle rental company’s registered agent in the State.

(d) (1) Except as provided in subsection (e) of this section, as soon as practicable after receiving a request for information, a motor vehicle rental company shall provide the person that made the request with the following information in writing:

(i) The name, mailing address, and date of birth of each person identified in a rental agreement as a renter or authorized driver of the rental vehicle at the time the adverse event is alleged to have occurred; and

(ii) 1. The name of the insurer responsible for providing primary insurance coverage for the rental vehicle at the time the adverse event is alleged to have occurred; and

2. If known to the motor vehicle rental company, the policy number associated with the primary insurance coverage for the rental vehicle at the time the adverse event is alleged to have occurred.

(2) If the person driving the rental vehicle at the time of the adverse event is not identified in the rental agreement, the motor vehicle rental company shall make a reasonable effort to obtain and provide the individual’s name, mailing address, and date of birth to the person making the request for information.

(e) (1) If a request is made under this section more than 3 years after the date on which the adverse event is alleged to have occurred, the motor vehicle rental company may refuse to provide information under subsection (d) of this section.

(2) A motor vehicle rental company may not be compelled to disclose any information regarding persons identified as renters or authorized drivers of a rental vehicle other than the information that is required under subsection (d) of this section.

(f) Unless it is established that the disclosure made by the motor vehicle rental company or an employee or agent of the motor vehicle rental company constituted reckless, wanton, or intentional misconduct, a motor vehicle rental company may not be held civilly or criminally liable for disclosing information in accordance with this section.
Md. Code, Commercial Law § 17-319.1 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-319.1
§17–319.
Status: in_force

§17–319.1.

(a) Not later than 6 months after a claim is allowed under § 17–318(a) of this subtitle, the Administrator shall deliver the property to the owner or pay to the owner the net proceeds of a sale of the property.

(b) The Administrator may apply property held under this title by the Administrator to a claim for the payment of a debt owed to the State identified by or certified to the Administrator, including debts for unpaid State, county, or municipal tax.

(c) Before delivery to an owner of property or payment to an owner for net proceeds of a sale of property, the Administrator shall:

(1) Apply the property or net proceeds to any debt under subsection (b) of this section that the Administrator determines is owed by the owner;

(2) Pay the amount identified by or certified to the Administrator under subsection (b) of this section; and

(3) Notify the owner of any payment toward a debt under subsection (b) of this section that the Administrator determines is owed by the owner.

(d) (1) The Administrator may make periodic inquiries of State and local agencies in the absence of a claim filed under § 17–318(a) of this subtitle to determine whether an apparent owner included in the unclaimed property records of the State has enforceable debts under subsection (b) of this section.

(2) If the Administrator identifies an enforceable debt during a periodic inquiry, the Administrator shall:

(i) Apply the property or net proceeds of a sale of the property held by the Administrator to the debt of an apparent owner who appears in the records of the Administrator;

(ii) Pay the amount identified by or certified to the Administrator under subsection (b) of this section; and

(iii) Notify the owner of any payment toward a debt under subsection (b) of this section that the Administrator determines is owed by the owner.
Md. Code, Health - General § 17-215 — MD Code / Article ghg / Title 17 / Subtitle 2 / Section 17-215
§17–215.
Status: in_force

(a) Except as provided in subsection (b) of this section, a person may not directly or indirectly advertise for or solicit business in this State for any medical laboratory, regardless of location, from anyone except a physician, hospital, medical laboratory, clinic, clinical installation, or other medical care facility.

(b) (1) (i) This subsection applies only to:

1. A diagnostic laboratory test or procedure for the purpose of screening, diagnosing, managing, or treating a physical or mental condition or disease; and

2. Ancestry testing using Y–chromosome mitochondrial DNA or autosomal DNA testing limited to the detection and reporting of genetic evidence of parental lineage and genetic ethnicity.

(ii) This subsection does not apply to germline genetic or genomic testing done in connection with the analysis, diagnosis, or prediction of human diseases.

(2) Subject to paragraph (3) of this subsection, a person may directly or indirectly advertise for or solicit business in the State for a diagnostic laboratory test or procedure ordered by a physician and performed by a medical laboratory certified under 42 U.S.C. § 263a.

(3) A person that directly or indirectly advertises for or solicits business in the State for a diagnostic laboratory test or procedure under this subsection:

(i) Is a covered entity or business associate of a covered entity for purposes of the federal Health Insurance Portability and Accountability Act of 1996 and the federal Health Information Technology for Economic and Clinical Health Act;

(ii) May not make a claim about the reliability and validity of the test or procedure that is inconsistent with the test or procedure’s performance as measured under 42 U.S.C. § 263a; and

(iii) Shall disclose that the diagnostic laboratory test or procedure may or may not be covered by health insurance.

(4) The Secretary may take legal action to restrict the marketing of a diagnostic laboratory test or procedure if the Secretary determines that:

(i) There is a public health threat; or

(ii) The diagnostic laboratory test or procedure is not in compliance with the requirements of this section.
Md. Code, Estates and Trusts § 17-203 — MD Code / Article get / Title 17 / Subtitle 2 / Section 17-203
§17–203.
Status: in_force

“MARYLAND STATUTORY FORM LIMITED POWER OF ATTORNEY

PLEASE READ CAREFULLY

This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). You need not give to your agent all the authorities listed below and may give the agent only those limited powers that you specifically indicate. This power of attorney gives your agent the right to make limited decisions for you. You should very carefully weigh your decision as to what powers you give your agent. Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself.

If you choose to make a grant of limited authority, you should check the boxes that identify the specific authorization you choose to give your agent.

This power of attorney does not authorize the agent to make health care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent’s authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is not entitled to compensation unless you indicate otherwise in the special instructions of this power of attorney. If you indicate that your agent is to receive compensation, your agent is entitled to reasonable compensation or compensation as specified in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent you may name a coagent in the Special Instructions. Coagents are required to act together unanimously unless you specify otherwise in the Special Instructions.

If your agent is unavailable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

DESIGNATION OF AGENT

This section of the form provides for designation of one agent.

If you wish to name coagents, skip this section and use the next section (“Designation of Coagents”).

I, ___________________________________________________, name the following person (Name of Principal)

as my agent:

Name of

Agent: _______________________________________________________________________

Agent’s

Address: _____________________________________________________________________

Agent’s Telephone

Number: _____________________________________________________________________

DESIGNATION OF COAGENTS (OPTIONAL)

This section of the form provides for designation of two or more coagents. Coagents are required to act together unanimously unless you otherwise provide in this form.

I, ___________________________________________________________________________,

(Name of Principal)

Name the following persons as coagents:

Name of Coagent: ____________________________________________________________

Coagent’s Address: ___________________________________________________________

Coagent’s Telephone Number: _________________________________________________

Name of Coagent: ____________________________________________________________

Coagent’s Address: ___________________________________________________________

Coagent’s Telephone Number: _________________________________________________

Special Instructions Regarding Coagents: _______________________________________

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

If my agent is unable or unwilling to act for me, I name as my successor agent:

Name of Successor Agent: _____________________________________________________

Successor Agent’s

Address: _____________________________________________________________________

Successor Agent’s Telephone Number: __________________________________________

If my successor agent is unable or unwilling to act for me, I name as my second successor agent:

Name of Second Successor

Agent: _______________________________________________________________________

Second Successor Agent’s

Address: _____________________________________________________________________

Second Successor Agent’s Telephone Number: ___________________________________

GRANT OF GENERAL AUTHORITY

I (“the principal”) grant my agent and any successor agent, with respect to each subject that I choose below, the authority to do all acts that I could do to:

(1) Demand, receive, and obtain by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended;

(2) Contract with another person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal;

(3) Execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating a schedule contemporaneously or at a later time listing some or all of the principal’s property and attaching the schedule to this power of attorney;

(4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;

(5) Seek on the principal’s behalf the assistance of a court or other governmental agency to carry out an act authorized in this power of attorney;

(6) Engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor;

(7) Prepare, execute, and file a record, report, or other document to safeguard or promote the principal’s interest under a statute or regulation;

(8) Communicate with representatives or employees of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal;

(9) Access communications intended for, and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means; and

(10) Do lawful acts with respect to the subject and all property related to the subject.

(INITIAL each authority in any subject you want to include in the agent’s general authority. Cross through each authority in any subject that you want to exclude. If you wish to grant general authority over an entire subject, you may initial “All of the above” instead of initialing each authority.)

SUBJECTS AND AUTHORITY

A. Real Property – With respect to this category, I authorize my agent to:

(___) Demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject an interest in real property or a right incident to real property

(___) Sell, exchange, convey with or without covenants, representations, or warranties, quitclaim, release, surrender, retain title for security, encumber, partition, consent to partitioning, subject to an easement or covenant, subdivide, apply for zoning or other governmental permits, plat or consent to platting, develop, grant an option concerning, lease, sublease, contribute to an entity in exchange for an interest in that entity, or otherwise grant or dispose of an interest in real property or a right incident to real property

(___) Pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal, including a reverse mortgage

(___) Release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property that exists or is asserted

(___) Manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including:

(1) Insuring against liability or casualty or other loss;

(2) Obtaining or regaining possession of or protecting the interest or right by litigation or otherwise;

(3) Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with them; and

(4) Purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property

(___) Use, develop, alter, replace, remove, erect, or install structures or other improvements on real property in or incident to which the principal has, or claims to have, an interest or right

(___) Participate in a reorganization with respect to real property or an entity that owns an interest in or a right incident to real property and receive, hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including:

(1) Selling or otherwise disposing of the stocks and bonds or other property;

(2) Exercising or selling an option, a right of conversion, or a similar right with respect to the stocks and bonds or other property; and

(3) Exercising voting rights in person or by proxy

(___) Change the form of title of an interest in or a right incident to real property

(___) Dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest

(___) All of the above

B. Tangible Personal Property – With respect to this subject, I authorize my agent to:

(___) Demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property

(___) Sell, exchange, convey with or without covenants, representations, or warranties, quitclaim, release, surrender, create a security interest in, grant options concerning, lease, sublease, or otherwise dispose of tangible personal property or an interest in tangible personal property

(___) Grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal

(___) Release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property

(___) Manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including:

(1) Insuring against liability or casualty or other loss;

(2) Obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise;

(3) Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments;

(4) Moving the property from place to place;

(5) Storing the property for hire or on a gratuitous bailment; and

(6) Using and making repairs, alterations, or improvements to the property

(___) Change the form of title of an interest in tangible personal property

(___) All of the above

C. Stocks and Bonds – With respect to this subject, I authorize my agent to:

(___) Buy, sell, and exchange stocks and bonds

(___) Establish, continue, modify, or terminate an account with respect to stocks and bonds

(___) Pledge stocks and bonds as security to borrow, pay, renew, or extend the time of payment of a debt of the principal

(___) Receive certificates and other evidences of ownership with respect to stocks and bonds

(___) Exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote

(___) All of the above

D. Commodities – With respect to this subject, I authorize my agent to:

(___) Buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange

(___) Establish, continue, modify, and terminate option accounts

(___) All of the above

E. Banks and Other Financial Institutions – With respect to this subject, I authorize my agent to:

(___) Continue, modify, transact all business in connection with, and terminate an account or other banking arrangement made by or on behalf of the principal

(___) Establish, modify, transact all business in connection with, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent

(___) Contract for services available from a financial institution, including renting a safe deposit box or space in a vault

(___) Deposit by check, money order, electronic funds transfer, or otherwise with, or leave in the custody of, a financial institution money or property of the principal

(___) Withdraw, by check, money order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution

(___) Receive statements of account, vouchers, notices, and similar documents from a financial institution and act with respect to them

(___) Enter a safe deposit box or vault and withdraw or add to the contents

(___) Borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal

(___) Make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal’s order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person on the principal and pay the draft when due

(___) Receive for the principal and act on a sight draft, warehouse receipt, other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument

(___) Apply for, receive, and use letters of credit, credit cards and debit cards, electronic transaction authorizations, and traveler’s checks from a financial institution and give an indemnity or other agreement in connection with letters of credit

(___) Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution

(___) All of the above

F. Operation of an Entity or a Business – With respect to this subject, I authorize my agent to:

(___) Operate, buy, sell, enlarge, reduce, or terminate an ownership interest

(___) Perform a duty or discharge a liability and exercise in person or by proxy a right, power, privilege, or an option that the principal has, may have, or claims to have

(___) Enforce the terms of an ownership agreement

(___) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party because of an ownership interest

(___) Exercise in person or by proxy, or enforce by litigation or otherwise, a right, power, privilege, or an option the principal has or claims to have as the holder of stocks and bonds

(___) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party concerning stocks and bonds

(___) With respect to an entity or business owned solely by the principal:

(1) Continue, modify, renegotiate, extend, and terminate a contract made by or on behalf of the principal with respect to the entity or business before execution of this power of attorney;

(2) Determine:

(i) The location of the operation of the entity or business;

(ii) The nature and extent of the business of the entity or business;

(iii) The methods of manufacturing, selling, merchandising, financing, accounting, and advertising employed in the operation of the entity or business;

(iv) The amount and types of insurance carried by the entity or business; and

(v) The mode of engaging, compensating, and dealing with the employees and accountants, attorneys, or other advisors of the entity or business;

(3) Change the name or form of organization under which the entity or business is operated and enter into an ownership agreement with other persons to take over all or part of the operation of the entity or business; and

(4) Demand and receive money due or claimed by the principal or on the principal’s behalf in the operation of the entity or business and control and disburse the money in the operation of the entity or business

(___) Put additional capital into an entity or a business in which the principal has an interest

(___) Join in a plan of reorganization, consolidation, conversion, domestication, or merger of the entity or business

(___) Sell or liquidate all or part of an entity or business

(___) Establish the value of an entity or a business under a buyout agreement to which the principal is a party

(___) Prepare, sign, file, and deliver reports, compilations of information, returns, or other papers with respect to an entity or business and make related payments

(___) Pay, compromise, or contest taxes, assessments, fines, or penalties and perform other acts to protect the principal from illegal or unnecessary taxation, assessments, fines, or penalties, with respect to an entity or a business, including attempts to recover, as permitted by law, money paid before or after the execution of this power of attorney

(___) All of the above

G. Insurance and Annuities – With respect to this subject, I authorize my agent to:

(___) Continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal that insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract

(___) Procure new, different, and additional contracts of insurance and annuities for the principal and the principal’s spouse, children, and other dependents, and select the amount, type of insurance or annuity, and mode of payment

(___) Pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent

(___) Apply for and receive a loan secured by a contract of insurance or annuity

(___) Surrender and receive the cash surrender value on a contract of insurance or annuity

(___) Exercise an election

(___) Exercise investment powers available under a contract of insurance or annuity

(___) Change the manner of paying premiums on a contract of insurance or annuity

(___) Change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section

(___) Apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal

(___) Collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity

(___) Select the form and timing of the payment of proceeds from a contract of insurance or annuity

(___) Pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or the proceeds or liability from the contract of insurance or annuity accruing by reason of the tax or assessment

(___) All of the above

H. Estates, Trusts, and Other Beneficial Interests (including trusts, probate estates, guardianships, conservatorships, escrows, or custodianships or funds from which the principal is, may become, or claims to be entitled to a share or payment) – With respect to this subject, I authorize my agent to:

(___) Accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from the fund described above

(___) Demand or obtain money or another thing of value to which the principal is, may become, or claims to be entitled by reason of the fund described above, by litigation or otherwise

(___) Exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal

(___) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal

(___) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary

(___) Conserve, invest, disburse, or use anything received for an authorized purpose

(___) Transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of a revocable trust created by the principal as settlor

(___) Reject, renounce, disclaim, release, or consent to a reduction in or modification of a share in or payment from the fund described above

(___) Elect to take an elective share of an estate subject to election under § 3–403 of the Estates and Trusts Article

(___) All of the above

I. Claims and Litigation – With respect to this subject, I authorize my agent to:

(___) Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief

(___) Bring an action to determine adverse claims or intervene or otherwise participate in litigation

(___) Seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree

(___) Make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation

(___) Submit to alternative dispute resolution, settle, and propose or accept a compromise

(___) Waive the issuance and service of process on the principal, accept service of process, appear for the principal, designate persons on which process directed to the principal may be served, execute and file or deliver stipulations on the principal’s behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation

(___) Act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee that affects an interest of the principal in property or other thing of value

(___) Pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation

(___) Receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation

(___) All of the above

J. Personal and Family Maintenance – With respect to this subject, I authorize my agent to:

(___) Perform the acts necessary to maintain the customary standard of living of the principal, the principal’s spouse, and the following individuals, whether living when this power of attorney is executed or later born:

(1) The principal’s children;

(2) Other individuals legally entitled to be supported by the principal; and

(3) The individuals whom the principal has customarily supported or indicated the intent to support;

(___) Make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party

(___) Provide living quarters for the individuals described above by:

(1) Purchase, lease, or other contract; or

(2) Paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals

(___) Provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described above

(___) Pay expenses for necessary health care and custodial care on behalf of the individuals described above

(___) Act as the principal’s personal representative in accordance with the Health Insurance Portability and Accountability Act, §§ 1171 through 1179 of the Social Security Act, 42 U.S.C. § 1320d, and applicable regulations in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this State to consent to health care on behalf of the principal

(___) Continue provisions made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing the means of transportation, for the individuals described above

(___) Maintain credit and debit accounts for the convenience of the individuals described above and open new accounts

(___) Continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations

(NOTE: Authority with respect to personal and family maintenance is neither dependent on, nor limited by, authority that an agent may or may not have with respect to gifts under this power of attorney.)

(___) All of the above

K. Benefits from Governmental Programs or Civil or Military Service (including any benefit, program, or assistance provided under a statute or regulation including Social Security, Medicare, and Medicaid) – With respect to this subject, I authorize my agent to:

(___) Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in “J. Personal and Family Maintenance” above, and for shipment of the household effects of those individuals

(___) Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose

(___) Perform the acts necessary to enable the principal to qualify for a governmental benefit or program, including obtaining personal and financial records and, to the extent specifically authorized below, to transfer or gift the principal’s property

(___) Enroll in, apply for, select, reject, change, amend, or discontinue, on the principal’s behalf, a governmental benefit or program

(___) Prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation

(___) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning a benefit or assistance the principal may be entitled to receive under a statute or regulation

(___) Receive the financial proceeds of a claim described above and conserve, invest, disburse, or use for a lawful purpose anything so received

(___) All of the above

L. Retirement Plans (including a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal Revenue Code:

(1) An individual retirement account under Internal Revenue Code Section 408, 26 U.S.C. § 408;

(2) A Roth individual retirement account under Internal Revenue Code Section 408A, 26 U.S.C. § 408A;

(3) A deemed individual retirement account under Internal Revenue Code Section 408(q), 26 U.S.C. § 408(q);

(4) An annuity or mutual fund custodial account under Internal Revenue Code Section 403(b), 26 U.S.C. § 403(b);

(5) A pension, profit–sharing, stock bonus, or other retirement plan qualified under Internal Revenue Code Section 401(a), 26 U.S.C. § 401(a);

(6) A plan under Internal Revenue Code Section 457(b), 26 U.S.C. § 457(b); and

(7) A nonqualified deferred compensation plan under Internal Revenue Code Section 409A, 26 U.S.C. § 409A) – With respect to this subject, I authorize my agent to:

(___) Select the form and timing of payments under a retirement plan and withdraw benefits from a plan

(___) Make a rollover, including a direct trustee–to–trustee rollover, of benefits from one retirement plan to another

(___) Establish a retirement plan in the principal’s name

(___) Make contributions to a retirement plan

(___) Exercise investment powers available under a retirement plan

(___) Borrow from, sell assets to, or purchase assets from a retirement plan

(___) All of the above

M. Taxes – With respect to this subject, I authorize my agent to:

(___) Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and other tax–related documents, including receipts, offers, waivers, consents, including consents and agreements under Internal Revenue Code Section 2032A, 26 U.S.C. § 2032A, closing agreements, and other powers of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year on which the statute of limitations has not run and the following 25 tax years

(___) Pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority

(___) Exercise elections available to the principal under federal, state, local, or foreign tax law

(___) Act for the principal in all tax matters for all periods before the Internal Revenue Service, or other taxing authority

(___) All of the above

N. Gifts and Transfers – With respect to this subject, I authorize my agent to:

(___) Make a gift or transfer to a person, or create and fund for the benefit of a person, including the principal, a trust, an account under the Uniform Transfers to Minors Act, a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code Section 529, 26 U.S.C. § 529, an ABLE account as defined under Internal Revenue Code Section 529A, 26 U.S.C. § 529A, or a special needs trust or any trust authorized under § 1917 of the federal Social Security Act, of part or all of the principal’s property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount for each donee not to exceed the annual dollar limits of the federal gift tax exclusion under Internal Revenue Code Section 2503(b), 26 U.S.C. § 2503(b), without regard to whether the federal gift tax exclusion applies to the gift, or if the principal’s spouse agrees to consent to a split gift pursuant to Internal Revenue Code Section 2513, 26 U.S.C. § 2513, in an amount for each donee not to exceed twice the annual federal gift tax exclusion limit

(___) Consent, pursuant to Internal Revenue Code Section 2513, 26 U.S.C. § 2513, to the splitting of a gift made by the principal’s spouse in an amount for each donee not to exceed the aggregate annual gift tax exclusions for both spouses

(NOTE: An agent may only make a gift of the principal’s property as the agent determines is consistent with the principal’s objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal’s best interest based on all relevant factors, including:

(1) The value and nature of the principal’s property;

(2) The principal’s foreseeable obligations and need for maintenance;

(3) Minimization of taxes, including income, estate, inheritance, generation–skipping transfer, and gift taxes;

(4) Eligibility for a benefit, a program, or assistance under a statute or regulation; and

(5) The principal’s personal history of making or joining in making gifts.)

(___) All of the above

GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

In addition, my agent MAY do any of the following specific acts for me ONLY IF I have INITIALED the specific authority listed below:

(Caution: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. In addition, granting your agent the authority to make gifts to, or to designate as the beneficiary of any retirement plan, the agent, the agent’s spouse, or a dependent of the agent may constitute a taxable gift by you and may make the property subject to that authority taxable as part of the agent’s estate. INITIAL ONLY the specific authority you WANT to give your agent.)

(___) Take any of the actions I have authorized in section N of this power of attorney without restriction on the amount of the gift or transfer

(___) Take any of the actions I have authorized in section N of this power of attorney in favor of my agent

(___) Create and fund an inter vivos trust, including a special needs trust, any trust authorized under § 1917 of the federal Social Security Act, or a third–party special needs trust, or establish and fund an ABLE account as defined under § 529A of the Internal Revenue Code, for the benefit of the principal or the principal’s family, heirs at law, or descendants, or any other person designated by the principal as a beneficiary under an existing will, trust, or other instrument

(___) Amend, revoke, or terminate an existing inter vivos trust if the trust expressly authorizes that action by the agent

(___) Make a gift, subject to any special instructions in this power of attorney, including a gift of the principal’s assets to assist the principal in meeting the eligibility requirements and qualifying for a governmental benefit or program, including gifts to or in favor of my agent who is my spouse or descendant

(___) Create or change rights of survivorship

(___) Create or change a beneficiary designation, subject to any special instructions in this power of attorney; and, if I wish to authorize my agent to designate the agent, the agent’s spouse, or a dependent of the agent as a beneficiary, I will explicitly state this authority within the special instructions of this power of attorney or in a separate power of attorney

(___) Authorize another person to exercise the authority granted under this power of attorney

(___) Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan

(___) Exercise fiduciary powers that the principal has authority to delegate

(___) Disclaim or refuse an interest in property, including a power of appointment

(___) In accordance with the Maryland Fiduciary Access to Digital Assets Act, access and take control of (1) the content of any of my electronic communications, (2) any catalogue of electronic communications sent or received by me, and (3) any other digital asset in which I have a right or interest

(___) Demand the delivery of the principal’s will from the custodian of the will and, on delivery of the principal’s will, take custody of the will subject to the requirements of Title 4, Subtitle 2 of the Estates and Trusts Article

LIMITATION ON AGENT’S AUTHORITY

An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

SPECIAL INSTRUCTIONS (OPTIONAL)

You may give special instructions on the following lines:

____________________________________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.

TERMINATION DATE (OPTIONAL)

This power of attorney shall terminate on _______________________________, 20______. (Use a specific calendar date)

NOMINATION OF GUARDIAN (OPTIONAL)

If it becomes necessary for a court to appoint a guardian of my property or guardian of my person, I nominate the following person(s) for appointment:

Name of Nominee for guardian of my property:

_____________________________________________________________________________

Nominee’s Address: __________________________________________________________

Nominee’s Telephone Number: ________________________________________________

Name of Nominee for guardian of my person:

______________________________________________________________________________

Nominee’s Address: ___________________________________________________________

Nominee’s Telephone Number: _________________________________________________

SIGNATURE AND ACKNOWLEDGMENT

_____________________________________________ ______________________________

Your Signature Date

______________________________________________________________________________

Your Name Printed

______________________________________________________________________________

______________________________________________________________________________

Your Address

______________________________________________________________________________

Your Telephone Number

STATE OF MARYLAND

(COUNTY) OF _______________________________________________________________

This document was acknowledged before me on

_____________________________________________________________________________,

(Date)

by ___________________________________________________________________________.

(Name of Principal)

__________________________________________________________________ (Seal, if any)

Signature of Notary

My commission expires: _______________________________________________________

WITNESS ATTESTATION

The foregoing power of attorney was, on the date written above, published and declared by

______________________________________________________________________________

(Name of Principal)

in our presence to be his/her power of attorney. We, in his/her presence and at his/her request, and in the presence of each other, have attested to the same and have signed our names as attesting witnesses.

____________________________________________

Witness #1 Signature

____________________________________________

Witness #1 Name Printed

____________________________________________

____________________________________________

Witness #1 Address

____________________________________________

Witness #1 Telephone Number

____________________________________________

Witness #2 Signature

____________________________________________

Witness #2 Name Printed

____________________________________________

____________________________________________

Witness #2 Address

____________________________________________

Witness #2 Telephone Number

This document prepared by:

____________________________________________________________________________________________________________________________________________________________

IMPORTANT INFORMATION FOR AGENT

Agent’s Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes on you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

(1) Do what you know the principal reasonably expects you to do with the principal’s property or, if you do not know the principal’s expectations, act in the principal’s best interest;

(2) Act with care, competence, and diligence for the best interest of the principal;

(3) Do nothing beyond the authority granted in this power of attorney; and

(4) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as “agent” in the following manner:

__________________________________ ______________________________________

(Principal’s Name) by (Your Signature) as Agent

Unless the Special Instructions in this power of attorney state otherwise, you must also:

(1) Act loyally for the principal’s benefit;

(2) Avoid conflicts that would impair your ability to act in the principal’s best interest;

(3) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(4) Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal’s expectations, to act in the principal’s best interest; and

(5) Attempt to preserve the principal’s estate plan if you know the plan and preserving the plan is consistent with the principal’s best interest.

Termination of Agent’s Authority

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1) Death of the principal;

(2) The principal’s revocation of the power of attorney or your authority;

(3) The occurrence of a termination event stated in the power of attorney;

(4) The purpose of the power of attorney is fully accomplished; or

(5) If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.

Liability of Agent

The meaning of the authority granted to you is defined in the Maryland Power of Attorney Act, Title 17 of the Estates and Trusts Article. If you violate the Maryland Power of Attorney Act, Title 17 of the Estates and Trusts Article, or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.”
Md. Code, State Finance and Procurement § 17-801 — MD Code / Article gsf / Title 17 / Subtitle 8 / Section 17-801
§17–801.
Status: in_force

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

(b) “Aggregate employee health care expenses” means all employee health care expenses paid by a responsible bidder or subcontractor.

(c) (1) “Aggregate Social Security wages” means all wages paid by a responsible bidder or subcontractor to an employee for the period of time in which the wages are paid.

(2) “Aggregate Social Security wages” does not include wages that are above the federal Social Security contribution and benefit base.

(d) “Employee” means an individual who is employed by a responsible bidder, contractor, or subcontractor to work on or at the site of a State–funded construction project.

(e) (1) “Employee health care expenses” means any costs for health care services that are paid by a responsible bidder or subcontractor to an employee, unless the employee has coverage under another plan.

(2) “Employee health care expenses” includes:

(i) contributions made on behalf of an employee to provide credible health care coverage in the form of any group policy, contract, or program that is written or administered by a disability insurer, health care service plan, fraternal benefits society, self–insured employer plan, or any other entity, in this State or elsewhere, that arranges or provides medical, hospital, and surgical coverage not designated to supplement other private or governmental plans;

(ii) contributions made on behalf of an employee to a health savings account as defined under § 223 of the Internal Revenue Code or to any other account having a substantially equivalent purpose or effect without regard to whether the contributions qualify for a tax deduction or are excludable from employee income;

(iii) reimbursements to an employee for expenses incurred in the purchase of health care services;

(iv) payments to a third party for the purpose of providing health care services for an employee;

(v) payments under a collective bargaining agreement for the purpose of providing health care services for an employee; and

(vi) costs incurred in the direct delivery of health care services to an employee.

(f) “Health care services” means medical care, services, or goods that:

(1) qualify as a tax deductible expense under § 213 of the Internal Revenue Code; or

(2) have a substantially equivalent purpose to medical care, services, or goods that qualify as a tax deductible expense under § 213 of the Internal Revenue Code.

(g) “Subcontractor” means a person:

(1) listed on a responsive bid to provide construction services under a portion of a contract with the State; or

(2) added to a contract with the State after the contract is awarded in order to provide construction services under a portion of the contract.
Md. Code, Health Occupations § 17-503 — MD Code / Article gho / Title 17 / Subtitle 5 / Section 17-503
§17–503.
Status: in_force

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

(b) The Board shall include on each license and certificate that the Board issues:

(1) The type of license or certificate;

(2) The full name of the licensee or certificate holder;

(3) A serial number; and

(4) The expiration date of the license or certificate.

(c) The Board may issue a license or certificate to replace a lost, destroyed, or mutilated license or certificate if the licensee or certificate holder pays the replacement fee set by the Board.

(d) (1) On receipt of the criminal history record information of an applicant for licensure or certification forwarded to the Board in accordance with § 17–501.1 of this subtitle, in determining whether to grant a license or certificate, the Board shall consider:

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

(ii) The circumstances surrounding the crime;

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

(iv) Subsequent work history;

(v) Employment and character references; and

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

(2) The Board may not issue a license or certificate if the criminal history record information required under § 17–501.1 of this subtitle has not been received.

(e) (1) The Board shall maintain an electronic roster of all individuals licensed or certified by the Board.

(2) The roster shall be available for the purpose of electronically verifying licensure or certification on the Board’s website.

(3) Individuals without access to the Board’s website may contact the Board to verify a license or certificate.
Md. Code, Business Occupations and Professions § 17-323 — MD Code / Article gbo / Title 17 / Subtitle 3 / Section 17-323
§17–323.
Status: in_force

(a) Subject to the provisions of this section, the Commission shall commence proceedings under § 17–322 of this subtitle on a complaint made to the Commission by a member of the Commission or any other person.

(b) (1) A complaint shall:

(i) be in writing; and

(ii) state specifically the facts on which the complaint is based.

(2) Except as provided in paragraph (4) of this subsection, if a complaint is made by any person other than a member of the Commission, the complaint shall be made under oath by the person who submits the complaint.

(3) Subject to paragraph (4) of this subsection, a complaint may be accompanied by documentary or other evidence.

(4) A complaint alleging an advertising violation:

(i) need not be made under oath and may be made anonymously; but

(ii) shall be accompanied by documentary or other evidence.

(c) (1) The Commission, or its designee, shall review each complaint received by the Commission. A complaint shall be referred for investigation if, after a review under this subsection, it is determined that the complaint:

(i) alleges facts that establish a prima facie case that is grounds for disciplinary action under § 17–322 of this subtitle; and

(ii) meets the requirements of subsection (b) of this section.

(2) A complaint not referred for investigation under paragraph (1) of this subsection shall be dismissed, and any appeal shall be taken under paragraph (3) of this subsection.

(3) (i) If a complaint is dismissed under paragraph (2) of this subsection, within 30 days from the date of the dismissal any member of the Commission may file an exception to the decision.

(ii) If an exception is filed with the Commission under subparagraph (i) of this paragraph, the Commission shall set a hearing on the matter by the full Commission on whether the complaint satisfies the requirements of paragraph (1) of this subsection. If the Commission determines that the complaint is satisfactory, the matter shall be referred for an investigation.

(iii) If an exception is not filed within the time allowed under subparagraph (i) of this paragraph:

1. the decision of the Commission is final; and

2. any party aggrieved by the decision may take a judicial appeal as provided in § 17–329 of this subtitle.

(d) (1) On completion, an investigation shall be referred directly to the Commission or its designee.

(2) If the Commission or its designee determines there is a reasonable basis to believe any grounds exist for disciplinary action under § 17–322 of this subtitle, the investigation shall be referred for a hearing in accordance with § 17–324 of this subtitle.

(3) A complaint not referred for a hearing by the Commission or its designee shall be dismissed, and any party aggrieved by the decision may take a judicial appeal as provided in § 17–329 of this subtitle.
Md. Code, Business Regulation § 17-20A-01 — MD Code / Article gbr / Title 17 / Subtitle 20A / Section 17-20A-01
§17–20A–01.
Status: in_force

In this subtitle:

(1) “transient vendor” means a person who makes sales subject to the sales and use tax in the State from a motor vehicle or from a roadside or temporary location, excluding sales from a location that the vendor owns; and

(2) “transient vendor” does not include:

(i) a person whose only activities in the State are the delivery of goods in interstate commerce into the State from outside the State pursuant to orders that were solicited or placed by mail or other means;

(ii) a person who hand crafts items for sale at special events, including fairs, carnivals, art and craft shows, and other festivals and celebrations in the State;

(iii) an exhibitor, within the meaning of § 17-1801(d) of this title; or

(iv) an individual who sells by catalogue, sample, or brochure for future delivery and who makes sales to the owner or legal occupant of the premises pursuant to the invitation of the owner or legal occupant of the premises.
Md. Code, Business Regulation § 17-920 — MD Code / Article gbr / Title 17 / Subtitle 9 / Section 17-920
§17–920.
Status: in_force

Each holder of a peddler license shall keep the metal tag attached to any vehicle used by the peddler.
Md. Code, Public Utilities § 17-105 — MD Code / Article gpu / Title 17 / Subtitle 1 / Section 17-105
§17–105.
Status: reserved

(a) From among its members, the Commission shall elect a chair and a vice chair.

(b) (1) The election of the chair and vice chair shall be at the first meeting of the Commission in June of each year, or as soon after the meeting as possible.

(2) Of the chair and vice chair:

(i) one shall be from Montgomery County and the other shall be from Prince George’s County; and

(ii) each office shall alternate annually between Montgomery County and Prince George’s County.

(3) (i) By unanimous vote the Commission may waive the provisions of paragraph (2)(ii) of this subsection for 1 year.

(ii) The Commission may not waive the provisions of paragraph (2)(ii) of this subsection for 2 successive years.

(4) Each officer shall serve for 1 year or until a successor is elected.

(c) Each officer shall perform the duties designated by the Commission.

(d) (1) If a vacancy exists in the position of chair or vice chair, the Commission promptly shall elect a new chair or vice chair for the remaining portion of the 1–year term of office.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, if the vacancy in the position of chair or vice chair results from resignation or removal from the Commission, the election to fill the unexpired portion of the officer’s term shall be held only after the Commission vacancy has been filled.

(ii) The Commission may elect an acting chair or vice chair to serve until the vacancy has been filled.
Md. Code, Alcoholic Beverages and Cannabis § 17-1801 — MD Code / Article gab / Title 17 / Subtitle 18 / Section 17-1801
§17–1801.
Status: in_force

Title 4, Subtitle 4 (“Renewal of Local Licenses”) of Division I of this article applies in the county without exception or variation.
Md. Code, Alcoholic Beverages and Cannabis § 17-1902 — MD Code / Article gab / Title 17 / Subtitle 19 / Section 17-1902
§17–1902.
Status: in_force

A license holder may employ an individual at least 18 years old to sell, serve, deliver, or otherwise deal with alcoholic beverages.
Md. Code, Health Occupations § 17-307.1 — MD Code / Article gho / Title 17 / Subtitle 3 / Section 17-307.1
§17–307.
Status: in_force

§17–307.1.

(a) The Board shall waive the requirements for licensure for an applicant to practice clinical professional art therapy if the applicant:

(1) Is licensed as a clinical professional art therapist in another state, territory, or jurisdiction that has requirements that are equivalent to or exceed the requirements of § 17–304.1 of this subtitle;

(2) Submits an application to the Board on a form that the Board requires; and

(3) Pays to the Board an application fee set by the Board.

(b) The Board shall adopt regulations to implement this section.
Md. Code, State Finance and Procurement § 17-106 — MD Code / Article gsf / Title 17 / Subtitle 1 / Section 17-106
§17–106.
Status: in_force

Before a contractor receives a progress or final payment under a contract covered by payment security, the contractor shall certify in writing that, in accordance with contractual arrangements, suppliers:

(1) have been paid from the proceeds of previous progress payments; and

(2) will be paid in a timely manner from the proceeds of the progress or final payment currently due.
Md. Code, Land Use § 17-102 — MD Code / Article glu / Title 17 / Subtitle 1 / Section 17-102
§17–102.
Status: in_force

(a) This section is for the purpose of preserving and enhancing the scenic beauty of Rock Creek.

(b) Notwithstanding any power of the Commission to acquire property, without the approval of the majority of the members of the Montgomery County Council, on or after July 1, 1969, the Commission may not construct a new road adjacent to Rock Creek within 1500 feet from the banks of the creek.

(c) This section may not be construed to prohibit the construction of a bridge or road necessary to cross Rock Creek.
Md. Code, Local Government § 17-201 — MD Code / Article glg / Title 17 / Subtitle 2 / Section 17-201
§17–201.
Status: in_force

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

(b) “Financial officer” means the treasurer or other financial officer of a governmental entity who is responsible for the investment of public funds or the issuance and management of debt of the governmental entity.

(c) “Governing authority” means:

(1) for Baltimore City, the Baltimore City Board of Estimates;

(2) for a commission county, the county commissioners;

(3) for a charter county, as provided by local law, the county council or the county executive and the county council;

(4) for a code county, the county commissioners;

(5) for a community college, the board of trustees;

(6) for a municipality, the body provided by the municipal charter;

(7) for the Washington Suburban Sanitary Commission, the Commission;

(8) for a public corporation, the board of directors; and

(9) for an authority, the board of the authority.

(d) (1) Except as provided in paragraph (2) of this subsection, “public money” means any money held by a governmental entity.

(2) “Public money” does not include money held as part of a pension fund, a fund for other postemployment benefits, as defined in § 17–102(a) of this title, a trust fund account, or a facility closure reserve fund or for self–insurance purposes.
Md. Code, Business Occupations and Professions § 17-504 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-504
§17–504.
Status: in_force

Unless the owner and beneficial owner give written instructions to the contrary, a real estate broker may deposit trust money in:

(1) a noninterest bearing checking account;

(2) a noninterest bearing savings account; or

(3) any combination of these accounts.
Md. Code, Health Occupations § 17-6A-16 — MD Code / Article gho / Title 17 / Subtitle 6A / Section 17-6A-16
§17–6A–16.
Status: in_force

(a) (1) The Board shall place a licensee on inactive status if the licensee submits to the Board:

(i) An application for inactive status on the form required by the Board; and

(ii) The inactive status fee set by the Board.

(2) (i) The Board shall license an individual on inactive status who applies for a license if the individual:

1. Complies with the renewal requirements that exist at the time the individual changes from inactive status to active status; and

2. Meets any continuing education requirements established by the Board.

(ii) The Board may not require payment of a late fee by an individual as a condition to licensing under this paragraph.

(b) The Board shall reinstate the license of a behavior analyst who has not been put on inactive status and who has failed to renew the license for any reason if the behavior analyst:

(1) Meets the renewal requirements of § 17–6A–15 of this subtitle;

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

(3) Applies to the Board for reinstatement of the license within 5 years after the license expires.

(c) (1) The Board may not reinstate the license of a behavior analyst who fails to apply for reinstatement of the license within 5 years after the license expires.

(2) Notwithstanding the provisions of paragraph (1) of this subsection, a behavior analyst may become licensed by meeting the current requirements for obtaining a new license under this subtitle.
Md. Code, Health - General § 17-2A-02 — MD Code / Article ghg / Title 17 / Subtitle 2A / Section 17-2A-02
§17–2A–02.
Status: in_force

(a) (1) The Secretary shall adopt regulations that set standards and requirements for forensic laboratories.

(2) The regulations shall contain the standards and requirements that the Secretary considers necessary to assure the citizens of the State that forensic laboratories provide safe, reliable, and accurate services.

(3) The regulations shall:

(i) Require the director of a forensic laboratory to establish and administer an ongoing quality assurance program using standards acceptable to the Secretary;

(ii) Require the director of a forensic laboratory to retain all case files for at least 10 years;

(iii) Establish qualifications for the personnel of forensic laboratories;

(iv) Establish procedures for verifying the background and education of the personnel of forensic laboratories; and

(v) Establish any additional standards that the Secretary considers necessary to assure that forensic laboratories provide accurate and reliable services.

(b) (1) A forensic laboratory that examines or analyzes physical evidence shall demonstrate satisfactory performance in an approved proficiency testing program specifically related to the particular forensic analysis being performed.

(2) The Secretary shall adopt regulations for the forensic proficiency testing program that:

(i) Define satisfactory proficiency testing performance; and

(ii) Set standards and requirements that a forensic proficiency testing program shall meet.

(3) The Department shall review a forensic laboratory’s proficiency testing program.

(c) To assure compliance with the standards and requirements under this subtitle, the Secretary shall conduct:

(1) An inspection of each forensic laboratory for which a license to operate is sought; and

(2) An inspection of each forensic laboratory for which a license has been issued.

(d) To assure compliance with the standards and requirements under this subtitle, the Secretary may conduct:

(1) A complaint investigation; and

(2) A validation survey of an accredited forensic laboratory.
Md. Code, Commercial Law § 17-321 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-321
§17–321.
Status: in_force

After receiving reports of property presumed abandoned under this title, the Administrator may decline to receive any property reported which he considers to be valued at less than the cost of giving notice or of holding a sale. He may postpone taking possession until a sufficient sum accumulates, if he considers it desirable because of the small sum involved.
Md. Code, Health Occupations § 17-201 — MD Code / Article gho / Title 17 / Subtitle 2 / Section 17-201
§17–201.
Status: in_force

There is a State Board of Professional Counselors and Therapists.
Md. Code, Business Regulation § 17-2105 — MD Code / Article gbr / Title 17 / Subtitle 21 / Section 17-2105
§17–2105.
Status: in_force

In a prosecution for selling goods without an appropriate license, proof that the defendant displayed or offered the goods for sale or kept a place of business where the goods were displayed or offered for sale is prima facie evidence that the defendant sold goods.
Md. Code, Business Occupations and Professions § 17-325 — MD Code / Article gbo / Title 17 / Subtitle 3 / Section 17-325
§17–325.
Status: in_force

(a) With the approval of the Secretary, the Commission may establish 1 or more real estate hearing boards. If established, each hearing board shall be a unit in the Department.

(b) (1) If established, each hearing board shall consist of at least 3 members of the Commission, appointed by the Commission.

(2) Of the 3 mandatory positions on the hearing board:

(i) at least 1 shall be a professional member of the Commission; and

(ii) at least 1 shall be a consumer member of the Commission.

(c) From among the members of each hearing board, the Commission shall designate a chairman.
Md. Code, Education § 17-401 — MD Code / Article ged / Title 17 / Subtitle 4 / Section 17-401
§17–401.
Status: in_force

(a) There is a Teacher Quality and Diversity Program to assist institutions of higher education in:

(1) Taking advantage of national foundation efforts to develop highly qualified teachers and leaders from diverse backgrounds; and

(2) Aiding students from groups historically underrepresented in the teaching profession in achieving teacher preparation and certification requirements.

(b) The Maryland Higher Education Commission shall implement and administer the Teacher Quality and Diversity Program under this subtitle.

(c) The Commission shall give priority to historically black colleges and universities and Hispanic–serving institutions with a track record of preparing diverse and high–quality teachers in making grants under this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 17-1310 — MD Code / Article gab / Title 17 / Subtitle 13 / Section 17-1310
§17–1310.
Status: in_force

(a) The Board may issue to a fire department a multiple event entertainment license of any class for use at an entertainment event held by the fire department.

(b) The license authorizes the holder to exercise any privilege conferred by the respective class of license.

(c) An application submitted under this section shall be:

(1) on a form that the Board requires; and

(2) signed by the applicant.

(d) The fee for the license is:

(1) $120 per year for a beer or beer and wine license; or

(2) $240 per year for a beer, wine, and liquor license.

(e) (1) The license may not be issued to a fire department more than once a year.

(2) The number of days for which the license may be used may not exceed 24 per calendar year.
Md. Code, Business Regulation § 17-1011 — MD Code / Article gbr / Title 17 / Subtitle 10 / Section 17-1011
§17–1011.
Status: in_force

Except as otherwise provided in this subtitle, a person who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $500 for each offense.
Md. Code, Transportation § 17-104.2 — MD Code / Article gtr / Title 17 / Subtitle 1 / Section 17-104.2
§17–104.
Status: in_force

§17–104.2.

(a) In this section, “Fund” means the Uninsured Motorist Education and Enforcement Fund administered by the Uninsured Division of the Maryland Automobile Insurance Fund under § 20–611 of the Insurance Article.

(b) The operator of a motor vehicle that is required to be registered in this State shall:

(1) Be in possession of, or carry in the motor vehicle, evidence of the required security for the motor vehicle, when operating the motor vehicle on a highway in the State; and

(2) Present evidence of the required security on the request of a law enforcement officer.

(c) (1) An insurance identification card issued by or on behalf of a motor vehicle insurer under § 19–504.1 of the Insurance Article is a form of evidence of the required security for the motor vehicle.

(2) Evidence of the required security may be produced in electronic format, including display of electronic images on a cellular phone or any other type of portable electronic device.

(d) (1) A person who violates subsection (b) of this section is subject to a fine of $50.

(2) The fine under paragraph (1) of this subsection:

(i) May be waived; and

(ii) Shall be deposited in the Fund.

(e) The Administration may adopt regulations to carry out this section.
Md. Code, Health - General § 17-2A-05 — MD Code / Article ghg / Title 17 / Subtitle 2A / Section 17-2A-05
§17–2A–05.
Status: in_force

To qualify for a license, an applicant shall provide evidence to satisfy the Secretary that the forensic laboratory and its personnel meet the standards and requirements of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 17-204 — MD Code / Article gab / Title 17 / Subtitle 2 / Section 17-204
§17–204.
Status: in_force

(a) The Board shall meet at least once a month.

(b) (1) (i) The chair of the Board shall receive an annual salary of $3,000.

(ii) Each other member of the Board shall receive an annual salary of $2,500.

(2) (i) The chair and each other member of the Board shall be reimbursed for expenses in accordance with the Standard State Travel Regulations.

(ii) The expenses shall be paid by the county.

(c) Subject to § 17–205 of this subtitle, the Board may:

(1) employ:

(i) a secretary;

(ii) inspectors; and

(iii) clerical and other assistants as are necessary; and

(2) set the compensation of the employees.
Md. Code, Commercial Law § 17-312 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-312
§17–312.
Status: in_force

Every person who has filed a report as provided in § 17-310 of this subtitle, at the time of the filing of the report, shall pay or deliver to the Administrator all abandoned property specified in the report.
Md. Code, Local Government § 17-312 — MD Code / Article glg / Title 17 / Subtitle 3 / Section 17-312
§17–312.
Status: in_force

There is a Montgomery County Investment Pool.
Md. Code, Business Occupations and Professions § 17-529 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-529
§17–529.
Status: in_force

(a) This Part III of this subtitle applies only to:

(1) the sale or lease of real property improved by one, two, three, or four single-family units; and

(2) unimproved real property zoned for residential use by the local zoning authority of the county or municipality in which the real property is located.

(b) This Part III of this subtitle does not apply to a lease of 125 days or less.
Md. Code, Health Occupations § 17-6A-08 — MD Code / Article gho / Title 17 / Subtitle 6A / Section 17-6A-08
§17–6A–08.
Status: in_force

(a) A majority of the members then serving on the Committee is a quorum.

(b) (1) The Committee shall meet at least once a year, at the times and places that it determines.

(2) The Committee may hold special meetings if:

(i) Requested by the Board; or

(ii) The chair or a majority of the members then serving on the Committee consider a meeting to be necessary or advisable.

(3) Reasonable notice of all Committee meetings shall be given in the manner determined by the Committee.

(c) A member of the Committee:

(1) May not receive compensation as a member of the Committee; but

(2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Health - General § 17-301 — MD Code / Article ghg / Title 17 / Subtitle 3 / Section 17-301
§17–301.
Status: in_force

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

(b) “Permit” means a permit issued by the Secretary:

(1) To operate a tissue bank in this State; or

(2) To represent or service in this State a tissue bank that is outside this State.

(c) (1) “Tissue bank” means an establishment that obtains, stores, processes, distributes, or sells human blood or other human tissue for use in the human body.

(2) “Tissue bank” includes a blood bank.
Md. Code, Commercial Law § 17-301.1 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-301.1
§17–301.
Status: reserved

§17–301.1.

(a) (1) For purposes of this section and subject to paragraph (2) of this subsection, a holder shall be deemed to no longer have a valid address for the owner of the property as of the later of:

(i) The date a second communication is returned by the U.S. Postal Service to a holder as undeliverable to an apparent owner, if:

1. The holder sent the second communication to the apparent owner by first–class mail; and

2. A previous communication was:

A. Sent by first–class mail;

B. Sent immediately preceding the second communication; and

C. Returned by the U.S. Postal Service to the holder as undeliverable to the apparent owner; or

(ii) The date a previous communication is returned by the U.S. Postal Service to a holder as undeliverable to an apparent owner, if the holder:

1. Sent the previous communication to the apparent owner:

A. By first–class mail; and

B. Immediately preceding a second communication; and

2. Sent the second communication to the apparent owner:

A. By first–class mail; and

B. More than 30 days after the previous communication under this subparagraph was sent.

(2) (i) Subject to subparagraph (ii) of this paragraph, if the holder does not send communications to an apparent owner by first–class mail, the holder shall attempt to confirm the apparent owner’s interest in the property by e–mailing the apparent owner not later than 2 years after the apparent owner’s last indication of interest in the property.

(ii) The holder shall promptly attempt to contact the apparent owner by first–class mail if:

1. The holder does not have the information needed to send an e–mail to the apparent owner;

2. The holder believes the apparent owner’s e–mail address in the holder’s records is not valid;

3. The holder receives notification that the e–mail was not received; or

4. The apparent owner does not respond to the e–mail communication within 30 days after the e–mail was sent.

(iii) 1. If a mailing sent in accordance with subparagraph (ii) of this paragraph is returned by the U.S. Postal Service to the holder as undeliverable to the apparent owner, the mailing shall constitute a communication for purposes of paragraph (1) of this subsection.

2. If a mailing sent in accordance with subparagraph (ii) of this paragraph is not returned by the U.S. Postal Service to the holder as undeliverable to the apparent owner, the holder shall be presumed to have a valid address for the owner of the property.

(b) The following property held by a banking or financial organization or business association is presumed abandoned:

(1) Any demand, savings, or matured time deposit account made with a banking organization, together with any interest or dividend on it, excluding any charges that lawfully may be withheld, 3 years after the later of:

(i) The date the holder is deemed to no longer have a valid address for the owner of the property; or

(ii) The date the owner last:

1. Increased or decreased the amount of the deposit;

2. Presented evidence of the deposit for the crediting of interest;

3. Corresponded in writing with the banking organization concerning the deposit;

4. Accessed the account or information concerning the account;

5. Engaged in any credit, trust, or other deposit transaction with the banking organization; or

6. Otherwise indicated an interest in the deposit as evidenced by a memorandum on file with the banking organization;

(2) Any funds paid toward the purchase of shares or other interest in a financial organization, or any deposit made with these funds, and any interest or dividends on these, excluding any charges that lawfully may be withheld, 3 years after the later of:

(i) The date the holder is deemed to no longer have a valid address for the owner of the property; or

(ii) The date the owner last:

1. Increased or decreased the amount of the funds or deposit, or presented an appropriate record for the crediting of interest or dividends;

2. Corresponded in writing with the financial organization concerning the funds or deposit;

3. Accessed the account or information concerning the account;

4. Engaged in any credit, share, or other deposit transaction with the financial organization; or

5. Otherwise indicated an interest in the funds or deposit as evidenced by a memorandum on file with the financial organization;

(3) Any sum payable on a check certified in this State or on a written instrument issued in this State on which a banking or financial organization or business association is directly liable, including any certificate of deposit, draft, traveler’s check, and money order, that has been outstanding for more than 3 years from the date it was payable (or 15 years in the case of a traveler’s check) or, if payable on demand, from the date of its issuance, unless, within 3 years or 15 years in the case of a traveler’s check, the owner has:

(i) Corresponded in writing with the banking or financial organization or business association concerning it;

(ii) Accessed the account or information concerning the account; or

(iii) Otherwise indicated an interest as evidenced by a memorandum on file with the banking or financial organization or business association; and

(4) Any property removed from a safekeeping repository on which the lease or rental period has expired or any surplus amounts arising from the sale of the property pursuant to law, that have been unclaimed by the owner for more than 3 years from the date on which the lease or rental period expired.

(c) Nothing in this section shall be construed to apply to any demand, savings, or matured time deposits that are designated subject to the order of any court of this State.

(d) Property is subject to the custody of this State as unclaimed property if the conditions raising a presumption of abandonment under this section are met and:

(1) The last known address, as shown on the records of the holder, of the apparent owner is in this State;

(2) The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this State;

(3) The records of the holder do not reflect the last known address of the apparent owner, and it is established that:

(i) The last known address of the person entitled to the property is in this State; or

(ii) The holder is a domiciliary or a government or governmental subdivision or agency of this State and has not previously paid or delivered the property to the State of the last known address of the apparent owner or other person entitled to the property;

(4) The last known address, as shown on the records of the holder, of the apparent owner is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property and the holder is a domiciliary or a government or governmental subdivision or agency of this State;

(5) The last known address, as shown on the records of the holder, of the apparent owner is in a foreign nation and the holder is a domiciliary or a government or governmental subdivision or agency of this State; or

(6) The transaction out of which the property arose occurred in this State and:

(i) The last known address of the apparent owner or other person entitled to the property is unknown or the last known address of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property; and

(ii) The holder is a domiciliary of a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property.

(e) The running of the 3–year period of abandonment ceases immediately on:

(1) The holder obtaining a valid address for the owner of the property; or

(2) The occurrence of an action referred to in subsection (b)(1)(ii) or (2)(ii) of this section.
Md. Code, Alcoholic Beverages and Cannabis § 17-2603 — MD Code / Article gab / Title 17 / Subtitle 26 / Section 17-2603
§17–2603.
Status: in_force

In addition to the sheriff who may serve a summons under § 6–204 of this article, an inspector that the Board employs may serve a summons.
Md. Code, Business Regulation § 17-1604 — MD Code / Article gbr / Title 17 / Subtitle 16 / Section 17-1604
§17–1604.
Status: in_force

An applicant for a restaurant license shall pay to the clerk a license fee of:

(1) $50 for each place of business in Baltimore City, Baltimore County, or Cecil County;

(2) $25 for each place of business in a municipal corporation with a population of 8,000 or more in any other county; or

(3) $10 for each place of business elsewhere in the State.
Md. Code, Health - General § 17-504 — MD Code / Article ghg / Title 17 / Subtitle 5 / Section 17-504
§17–504.
Status: in_force

(a) The Secretary shall adopt regulations to implement the provisions of this subtitle, including regulations that assure the citizens of this State that cholesterol testing conducted outside a permanently located medical laboratory meets appropriate national standards of quality assurance.

(b) The regulations shall include:

(1) Personnel training standards, including requirements for reasonable training, experience, and competency in:

(i) Simple procedures used in drawing blood for cholesterol testing; and

(ii) The operation of blood chemical analyzers used for cholesterol screening;

(2) Quality assurance standards;

(3) Standards for counseling and referral procedures;

(4) Standards for releasing and reporting test results; and

(5) A prohibition on the payment of any sum to any person for bringing or referring a patient.

(c) (1) The Secretary may not require that cholesterol testing personnel that conduct cholesterol tests under this subtitle be certified in a medical laboratory specialty.

(2) All cholesterol testing conducted under this subtitle shall be overseen by a supervisor knowledgeable in all aspects of cholesterol testing services.
Md. Code, Land Use § 17-117 — MD Code / Article glu / Title 17 / Subtitle 1 / Section 17-117
§17–117.
Status: in_force

(a) The Commission may establish regulations and procedures necessary to ensure that:

(1) relocation payments and assistance are administered in a manner that is fair and reasonable and is as uniform as practicable;

(2) a displaced person who makes proper application for a relocation payment for that person shall be paid promptly after a move or, in case of hardship, be paid in advance; and

(3) a person aggrieved by a determination as to eligibility for a relocation payment, or the amount of a relocation payment, may have the person’s application reviewed by the appropriate county planning board.

(b) In order to promote uniform and effective administration of relocation assistance and land acquisition, the Commission shall consult State and local agencies providing similar services on the establishment of regulations and procedures for the implementation of the programs.
Md. Code, Land Use § 17-204 — MD Code / Article glu / Title 17 / Subtitle 2 / Section 17-204
§17–204.
Status: in_force

(a) (1) The Commission may lease to any responsible person any land in the metropolitan district acquired for park purposes under this division.

(2) (i) The term of a lease may not exceed 20 years without the prior approval of the lease by legislative enactment of the county where the lease property is located.

(ii) The initial term of a lease may not exceed 40 years.

(iii) A lease may be renewed for additional terms not exceeding 10 years each.

(3) A lease agreement shall contain provisions for reversion without cost to the Commission of the property and its improvements regardless of whether the improvements were added to the property by the lessee during the term of the lease or any extension of the lease.

(b) (1) The Commission may grant privileges, permits, and concessions, and may enter into contracts relating to them, with any responsible person to engage in any business or enterprise on land in the metropolitan district acquired for park purposes under this division.

(2) Any privilege, permit, or concession granted under this subsection shall be on terms and conditions the Commission considers advantageous to the development of the park system as a part of the plan for the physical development of the metropolitan district and the plan of the regional district within the metropolitan district.

(c) (1) The purpose for which property is leased, or for which a privilege, permit, or concession is granted, may not be inconsistent with the use of the property for park purposes.

(2) Any lease or contract executed under this section shall contain a condition stating specifically the purposes for which the property is leased or for which the privilege, permit, or concession is granted.

(3) An agreement the Commission enters into in accordance with this division shall contain provisions prohibiting the assignment of the agreement without the consent of the Commission.

(d) In Montgomery County, a lease, contract, or agreement entered into under this section may not:

(1) authorize a person other than the Commission to close a park or park facility; or

(2) grant a person other than the Commission the authority to close or require the closing of an existing park or park facility under the jurisdiction of the Commission to prevent competition.

(e) This division does not limit the Commission’s authority to require an agreement to contain more restrictive provisions the Commission considers to be in the public interest.
Md. Code, Alcoholic Beverages and Cannabis § 17-905 — MD Code / Article gab / Title 17 / Subtitle 9 / Section 17-905
§17–905.
Status: in_force

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

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

(c) The license may not be issued for use by a drugstore.

(d) The annual license fee is $750.
Md. Code, Alcoholic Beverages and Cannabis § 17-2005 — MD Code / Article gab / Title 17 / Subtitle 20 / Section 17-2005
§17–2005.
Status: in_force

(a) (1) A holder of a Class A beer and wine license may sell beer and wine:

(i) on Monday through Saturday from 6 a.m. to 2 a.m. the following day; and

(ii) on Sunday, subject to paragraph (2) of this subsection, from 8 a.m. to 2 a.m. the following day.

(2) To sell beer and wine on Sunday under paragraph (1)(ii) of this subsection, the license holder shall pay an additional fee of $500.

(b) (1) A holder of a Class B beer and wine license may sell beer and wine:

(i) on Monday through Saturday from 6 a.m. to 2 a.m. the following day; and

(ii) except as provided in paragraph (4) of this subsection and subject to paragraphs (2) and (3) of this subsection, on Sunday from 8 a.m. to 2 a.m. the following day.

(2) To sell beer and wine on Sunday under paragraph (1)(ii) of this subsection, the license holder shall pay an additional fee of $500.

(3) Sales of beer and wine for on–premises consumption may be conducted on Sunday under paragraph (1)(ii) of this subsection only by a licensed restaurant.

(4) The license holder may not sell beer or wine at a bar or counter on Sunday.

(c) (1) A holder of a Class C beer and wine license may sell beer and wine for on–premises consumption:

(i) on Monday through Saturday from 6 a.m. to 2 a.m. the following day; and

(ii) except as provided in paragraph (2) of this subsection, on Sunday from 8 a.m. to 2 a.m. the following day.

(2) The license holder may not sell beer or wine at a bar or counter on Sunday.

(d) (1) A holder of a Class D beer and wine license may sell beer and wine:

(i) on Monday through Saturday from 6 a.m. to 2 a.m. the following day; and

(ii) subject to paragraph (2) of this subsection, on Sunday from 1 p.m. to 2 a.m. the following day.

(2) To sell beer and wine on Sunday under paragraph (1)(ii) of this subsection, the license holder shall pay an additional fee of $500.
Md. Code, Alcoholic Beverages and Cannabis § 17-2201 — MD Code / Article gab / Title 17 / Subtitle 22 / Section 17-2201
§17–2201.
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, Health - General § 17-305 — MD Code / Article ghg / Title 17 / Subtitle 3 / Section 17-305
§17–305.
Status: in_force

A person shall hold a permit issued by the Secretary before the person may:

(1) Operate a tissue bank in this State; or

(2) Represent or service in this State any tissue bank that is outside this State.
Md. Code, Business Regulation § 17-1010 — MD Code / Article gbr / Title 17 / Subtitle 10 / Section 17-1010
§17–1010.
Status: in_force

(a) In this section, “historic marker or plaque” means a marker, plaque, or tablet commemorating a historic person or event, or identifying a historic place, structure, or object.

(b) This section applies to all junk dealers, scrap metal processors, and antique dealers who are residents of the State.

(c) (1) Each junk dealer, scrap metal processor, or antique dealer subject to this section who purchases a historic marker or plaque shall register with the sheriff or other law enforcement official designated by the governing body of the county in which the business of the junk dealer, scrap metal processor, or antique dealer is located a complete description of the historic marker or plaque.

(2) The description shall include:

(i) the date and time of purchase;

(ii) the name and address of the seller;

(iii) the license tag number of any vehicle used; and

(iv) a description of the historic marker or plaque, including the full text, any installation date, and the name of any installation sponsor.

(3) The registration required under this section shall be made within 3 business days after the date of the purchase of the historic marker or plaque.

(d) The sheriff or other law enforcement official promptly shall notify the Maryland Historical Trust with a copy to the junk dealer, scrap metal processor, or antique dealer who registered with the sheriff.

(e) A historic marker or plaque may not be sold or otherwise disposed of for a period of 30 days from the date of the notice required under subsection (d) of this section.

(f) A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $100.