Md. Code, Natural Resources § 8-712.2 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-712.2
§8–712.
Status: in_force

§8–712.2.

(a) (1) Except as otherwise provided in paragraphs (3), (4), and (5) of this subsection, a person born on or after July 1, 1972, may not operate on the waters of the State a vessel for pleasure that is required to be numbered in accordance with this subtitle or a vessel for pleasure that is required to be numbered in accordance with the Federal Boat Safety Act of 1971 without first obtaining a certificate of boating safety education.

(2) A person who is subject to the provisions of paragraph (1) of this subsection shall:

(i) Possess the certificate of boating safety education when operating a vessel on waters of the State; and

(ii) Show the certificate on the demand of a Natural Resources police officer or other law enforcement officer.

(3) The following persons are exempt from the requirements of this section:

(i) A person who is operating a vessel in connection with commercial purposes;

(ii) A person who is a resident of another state and who is visiting the State for 60 days or less in a vessel that is numbered in another state if:

1. The person is 16 years old or older; or

2. The person has been issued a boating safety certificate in accordance with the provisions of subsection (c)(6) of this section;

(iii) A person who is visiting the State for 90 days or less in a vessel from a country other than the United States;

(iv) A person operating a vessel on a body of water located on private property; and

(v) Any other person exempted by regulation of the Department.

(4) When a vessel numbered in accordance with this subtitle or in accordance with the Federal Boat Safety Act of 1971 is operated for pleasure on waters of the State, at least 1 person on the vessel must:

(i) Possess the certificate of boating safety education; or

(ii) Be exempt from the certification requirements of paragraph (1) of this subsection.

(5) A person who is under the age of 16 and who operates a vessel numbered in accordance with this subtitle or in accordance with the Federal Boat Safety Act of 1971 must:

(i) Possess a certificate of boating safety education;

(ii) 1. If operating a vessel under 11 feet in length, be under the supervision of a person who has obtained a certificate of boating safety education and is aboard the vessel; or

2. If operating a vessel 11 feet in length or greater, be under the supervision of a person who is 18 years or older and has obtained a certificate of boating safety education and is aboard the vessel; or

(iii) Be under the supervision of a person who was born before July 1, 1972, and is aboard the vessel.

(b) (1) The Department shall:

(i) Adopt regulations that establish criteria for a course of instruction in boating safety education;

(ii) Administer a verbal test when appropriate;

(iii) Coordinate a statewide program of boating safety instruction and certification and ensure that a course of boating safety education is available within each county; and

(iv) Ensure that a course of boating safety education is available at the earliest practicable age for children in boating communities.

(2) Any course of boating safety education that is offered through a public school is not required to be more than 6 classes, or exceed a total of 8 hours.

(3) The following persons may offer the course of instruction in boating safety education if approved by the Department:

(i) The Department;

(ii) The U.S. Coast Guard Auxiliary;

(iii) The U.S. Power Squadron;

(iv) A political subdivision;

(v) A municipal corporation;

(vi) An agency;

(vii) A public or nonpublic school;

(viii) A group;

(ix) A firm;

(x) An association; or

(xi) Any other person.

(c) (1) The Department or the Department’s designee shall issue a certificate of boating safety education to a person who:

(i) Passes the course prescribed by the Department in boating safety education; or

(ii) Passes a boating safety equivalency examination administered by persons authorized to offer the course on boating safety education.

(2) Upon request, the Department shall provide, without charge, boating safety education materials to persons who plan to take the boating safety equivalency examination.

(3) (i) Once issued, the certificate of boating safety education:

1. Is valid for the lifetime of the person to whom the certificate was issued; and

2. May not be revoked by the Department or a court of law.

(ii) The Department shall replace, without charge, a lost or destroyed certificate if the Department issued the certificate or has a record that the certificate was issued by the U.S. Coast Guard or the U.S. Power Squadron.

(4) (i) The Department or the Department’s designee may issue a 30–day temporary certificate of boating safety education to a person who signs an affidavit stating that the person has read and understood the boating safety education materials provided by the Department.

(ii) The 30–day temporary certificate of boating safety education issued in accordance with subparagraph (i) of this paragraph may be renewed for 1 additional 30–day period.

(5) In lieu of a certificate of boating safety education issued by the Department, a license issued by the U.S. Coast Guard, or a boating safety certificate issued by a unit of the U.S. Coast Guard Auxiliary, the U.S. Power Squadron, or a local board of education, is sufficient to comply with the requirements of this section.

(6) In lieu of a certificate of boating safety education issued by the Department, a boating safety certificate issued in another state in accordance with criteria of the National Association of State Boating Law Administrators is sufficient to comply with the requirements of this section.

(d) On or after July 1, 1988, a person who is subject to the provisions of subsection (a)(1) of this section and who operates on waters of the State a vessel for pleasure that is required to be numbered in accordance with this subtitle or a vessel for pleasure that is required to be numbered in accordance with the Federal Boat Safety Act of 1971, in violation of any requirement of this section, is guilty of a misdemeanor and on conviction is subject to:

(1) For a first offense, a fine not exceeding $25; and

(2) For any subsequent offense that occurs within 2 years of a prior conviction under this section, a fine not exceeding $500.

(e) A juvenile charged with any violation under this section shall be charged as provided in Title 3, Subtitle 8A of the Courts Article.

(f) (1) A Natural Resources police officer or other law enforcement officer may enforce the provisions of this section only as a secondary action when the officer detains an operator of a vessel for a suspected violation of another provision of the Code or regulations adopted in accordance with another provision of the Code.

(2) A person may be cited but not apprehended solely for a violation of this section.
Md. Code, Health Occupations § 8-101 — MD Code / Article gho / Title 8 / Subtitle 1 / Section 8-101
§8–101.
Status: reserved

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

(b) “Advanced practice registered nurse” means an individual who:

(1) (i) Is licensed by the Board to practice registered nursing; or

(ii) Has a multistate licensure privilege to practice registered nursing under the Nurse Licensure Compact; and

(2) Is certified by the Board to practice as:

(i) A nurse practitioner;

(ii) A nurse anesthetist;

(iii) A nurse midwife; or

(iv) A clinical nurse specialist.

(c) “Applicant” means, unless the context requires otherwise:

(1) An individual applying for an initial license by examination or endorsement;

(2) A licensee applying for renewal of a license;

(3) An individual applying for an initial advanced practice registered nurse certification;

(4) A licensee applying for renewal of an advanced practice registered nurse certification; or

(5) An individual applying for reinstatement of a license in accordance with § 8–319 of this title.

(d) “Board” means the State Board of Nursing.

(d–1) (1) “Entry–level registered nursing education program” means a registered nursing education program that is the initial entry point for formal registered nursing education that, on successful completion, qualifies an individual with no prior registered nursing education to obtain licensure as a registered nurse.

(2) “Entry–level registered nursing education program” does not include degree completion programs, including:

(i) Associate of Applied Science Degree in Nursing to Baccalaureate of Science Degree in Nursing (AAS–BSN);

(ii) Associate Degree in Nursing to Baccalaureate of Science Degree in Nursing (ADN–BSN);

(iii) Associate of Applied Science Degree in Nursing to Master of Science Degree in Nursing (AAS–MSN);

(iv) Associate Degree in Nursing to Master of Science Degree in Nursing (ADN–MSN);

(v) Baccalaureate of Science Degree in Nursing to Master of Science Degree in Nursing (BSN–MSN);

(vi) Baccalaureate of Science Degree in Nursing to Doctor of Philosophy (BSN–PHD);

(vii) Baccalaureate of Science Degree in Nursing to Doctor of Education (BSN–EDD);

(viii) Baccalaureate of Science Degree in Nursing to Doctor of Nursing Practice (BSN–DNP);

(ix) Master of Science Degree in Nursing to Doctor of Philosophy (MSN–PHD);

(x) Master of Science Degree in Nursing to Doctor of Education (MSN–EDD);

(xi) Master of Science Degree in Nursing to Doctor of Nursing Practice (MSN–DNP); and

(xii) Master of Science Degree in Nursing to Post Masters Certificate/Post Graduate Certificate.

(e) “Expired license” means, unless the context requires otherwise, a license that was not renewed before the expiration date of the license as established under § 8–312(a) of this title.

(f) “Lapsed license” means, unless the context requires otherwise, a license that was not renewed because a licensee failed to renew the license or otherwise did not meet the renewal requirements of this title.

(g) “License” means, unless the context requires otherwise, a license issued by the Board to practice:

(1) Registered nursing;

(2) Licensed practical nursing; or

(3) Advanced practice registered nursing.

(h) “Licensed practical nurse” means, unless the context requires otherwise, an individual who:

(1) Is licensed by the Board to practice licensed practical nursing; or

(2) Has a multistate licensure privilege to practice licensed practical nursing under the Nurse Licensure Compact.

(i) “Licensee” means, unless the context requires otherwise, a registered nurse or licensed practical nurse who has:

(1) An active license;

(2) An inactive license;

(3) A temporary license;

(4) An expired temporary license;

(5) An expired license;

(6) A lapsed license;

(7) A suspended license;

(8) A license subject to a reprimand, probation, or suspension; or

(9) A multistate licensure privilege to practice registered nursing or licensed practical nursing under the Nurse Licensure Compact.

(j) “Mentor” means a certified registered nurse practitioner or a licensed physician:

(1) Who has 3 or more years of clinical practice experience; and

(2) With whom an individual applying for certification as a certified nurse practitioner will consult and collaborate with as needed in accordance with § 8–302.1(d) of this title.

(k) “Nurse anesthetist” means an individual who:

(1) Is licensed by the Board to practice registered nursing; and

(2) Is certified by the Board to practice as a nurse anesthetist.

(l) “Practice advanced practice registered nursing” means to practice registered nursing within the scope of practice in the area of specialty for which the individual holds a certification from a nationally recognized certifying body recognized by the Board.

(m) “Practice as a registered nurse practitioner” means to independently:

(1) Perform an act under subsection (o) of this section;

(2) Conduct a comprehensive physical assessment of an individual;

(3) Establish a medical diagnosis for common chronic stable or short–term health problems;

(4) Order, perform, and interpret laboratory tests;

(5) Prescribe drugs as provided under § 8–508 of this title;

(6) Perform diagnostic, therapeutic, or corrective measures;

(7) Consult and collaborate with, or refer an individual to, an appropriate licensed physician or any other health care provider as needed; and

(8) Provide emergency care.

(n) “Practice licensed practical nursing” means to perform in a team relationship an act that requires specialized knowledge, judgment, and skill based on principles of biological, physiological, behavioral, or sociological science to:

(1) Administer treatment or medication to an individual;

(2) Aid in the rehabilitation of an individual;

(3) Promote preventive measures in community health;

(4) Give counsel to an individual;

(5) Safeguard life and health;

(6) Teach or supervise; or

(7) Perform any additional acts authorized by the Board under § 8–205 of this title.

(o) (1) “Practice registered nursing” means the performance of acts requiring substantial specialized knowledge, judgment, and skill based on the biological, physiological, behavioral, or sociological sciences as the basis for assessment, nursing diagnosis, planning, implementation, and evaluation of the practice of nursing in order to:

(i) Maintain health;

(ii) Prevent illness; or

(iii) Care for or rehabilitate the ill, injured, or infirm.

(2) For these purposes, “practice registered nursing” includes:

(i) Administration;

(ii) Teaching;

(iii) Counseling;

(iv) Supervision, delegation, and evaluation of nursing practice;

(v) Execution of therapeutic regimen, including the administration of medication and treatment;

(vi) Independent nursing functions and delegated medical functions; and

(vii) Performance of additional acts authorized by the Board under § 8–205 of this title.

(p) “Registered nurse” means, unless the context requires otherwise, an individual who:

(1) Is licensed by the Board to practice registered nursing; or

(2) Has a multistate licensure privilege to practice registered nursing under the Nurse Licensure Compact.

(q) “Registered nurse practitioner” means an individual who:

(1) (i) Is licensed by the Board to practice registered nursing; or

(ii) Has a multistate licensure privilege to practice registered nursing under the Nurse Licensure Compact; and

(2) Is certified by the Board to practice as a registered nurse practitioner.
Md. Code, Health Occupations § 8-302 — MD Code / Article gho / Title 8 / Subtitle 3 / Section 8-302
§8–302.
Status: in_force

(a) Except as otherwise provided in this title, to qualify for a license, an applicant shall be an individual who submits to a criminal history records check in accordance with § 8–303 of this subtitle and meets the requirements of this section.

(b) An applicant for a license to practice registered nursing shall complete satisfactorily and meet all requirements for a diploma or degree from:

(1) An entry–level registered nursing education program approved by the Board; or

(2) An entry–level registered nursing education program in any other state or country that the Board finds substantially equivalent to the education program in this State at the time of the applicant’s graduation.

(c) An applicant for a license to practice licensed practical nursing shall:

(1) Meet all requirements for a high school diploma or its equivalent; and

(2) Complete satisfactorily and meet all requirements for a diploma from:

(i) A licensed practical nursing education program or its equivalent approved by the Board; or

(ii) An education program in licensed practical nursing in any other state or country that the Board finds substantially equivalent to the education program in this State at the time of the applicant’s graduation.

(d) Except as otherwise provided in this title, the applicant shall pass an examination developed by the National Council of State Boards of Nursing and administered at a testing site approved by the National Council.

(e) (1) Except as otherwise provided in this subsection, the Board shall require as part of its examination or licensing procedures that an applicant for a license to practice registered nursing or licensed practical nursing demonstrate a written and oral competency in the English language.

(2) Acceptable proof of proficiency in the communication of the English language under this section includes:

(i) After at least 3 years of enrollment, graduation from a recognized English–speaking undergraduate school;

(ii) Graduation from a recognized English–speaking professional school;

(iii) Completion of at least 5 years of practicing nursing in another state or English–speaking territory of the United States;

(iv) Passing an English proficiency exam approved by the U.S. Department of Health and Human Services; or

(v) Holding a valid, unencumbered multistate license under the Nurse Licensure Compact.

(3) If any disciplinary charge or action that involves a problem with communicating in the English language is brought against a licensee under this title, the Board shall require the licensee to take and pass a Board approved standardized test of English language competency.

(4) The Board may not require that an applicant for a license to practice registered nursing or licensed practical nursing who is or was previously licensed in any other state to practice registered nursing or licensed practical nursing to demonstrate competency in the English language as part of its examination or licensing procedures if the other state has an English language competency component as part of its examination or licensing procedures.

(5) (i) The Board may issue a temporary license to any applicant for a license to practice registered nursing or licensed practical nursing who was previously licensed in any other state to practice registered nursing or licensed practical nursing and who, except for the competency in the English language component, is otherwise qualified for a license.

(ii) A temporary license issued under this subsection is valid only until the date when the next test to demonstrate competency in the English language is given.

(f) An applicant for a license under this section shall be of good moral character.
Md. Code, Public Utilities § 8-501 — MD Code / Article gpu / Title 8 / Subtitle 5 / Section 8-501
§8–501.
Status: in_force

(a) The Commission may, after notice and public hearing, adopt policies and regulations governing the development of competition in the telecommunications services market.

(b) Policies and regulations adopted by the Commission under this section shall be consistent with federal law, policies and regulations of the Federal Communications Commission, Title 4 of this article, and any other applicable provisions of Maryland law.
Md. Code, Insurance § 8-507 — MD Code / Article gin / Title 8 / Subtitle 5 / Section 8-507
§8–507.
Status: in_force

(a) The Commissioner shall issue a license to each applicant that:

(1) meets the requirements of this subtitle; and

(2) pays the applicable fee for a license for an insurance producer under § 2-112 of this article.

(b) (1) In this subsection, “controlling person” means a person that directly or indirectly has the power to direct, or cause to be directed, the management, control, or activities of a reinsurance intermediary.

(2) The Commissioner may refuse to issue a license if the Commissioner finds that the applicant, an individual named on the application, a member, principal, officer, or director of the applicant, or a controlling person of the applicant:

(i) is not trustworthy to act as a reinsurance intermediary;

(ii) has given cause for revocation or suspension of a license; or

(iii) has failed to comply with a requirement for issuance of a license.

(3) On written request, the Commissioner shall provide a summary of the basis for the refusal to issue a license.

(4) The summary of the basis for refusal is privileged and is not a public document under Title 10, Subtitle 6 of the State Government Article.
Md. Code, Land Use § 8-202 — MD Code / Article glu / Title 8 / Subtitle 2 / Section 8-202
§8–202.
Status: reserved

(a) (1) A commission shall consist of at least five members.

(2) A majority of the members of a commission shall be residents of the local jurisdiction that created the commission.

(b) (1) Each member of a commission shall have a demonstrated special interest, specific knowledge, or professional or academic training in:

(i) history;

(ii) architecture;

(iii) architectural history;

(iv) planning;

(v) archaeology;

(vi) anthropology;

(vii) curation;

(viii) conservation;

(ix) landscape architecture;

(x) historic preservation;

(xi) urban design; or

(xii) a related discipline.

(2) A local jurisdiction that creates a commission may establish and publicly adopt additional qualifications for a member of the commission.

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

(2) The terms of the members shall be staggered.

(3) A member is eligible for reappointment.

(4) The appointing authority shall fill any vacancy on a commission for the unexpired term of the vacant position.

(d) (1) A member of a commission may be removed by the appointing authority for:

(i) incompetence;

(ii) misconduct; or

(iii) in the same manner as for a member of a State board or commission:

1. failure to attend meetings under § 8–501 of the State Government Article; or

2. conviction of a crime in accordance with § 8–502 of the State Government Article.

(2) The appointing authority shall provide to the member:

(i) a written statement of charges stating the grounds for removal; and

(ii) an opportunity for a public hearing to contest the charges.

(e) (1) Each local jurisdiction may designate one alternate member for the commission who may sit on the commission when any other member of the commission is absent.

(2) When the alternate member is absent, the local jurisdiction may designate a temporary alternate.
Md. Code, Natural Resources § 8-728 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-728
§8–728.
Status: in_force

Sections 8–729 through 8–736 of this subtitle do not apply to or affect:

(1) A lien given by statute or rule of law to a supplier of services or materials for the vessel;

(2) A lien given by statute to the United States, the State, or any political subdivision of the State;

(3) A security interest in a vessel during any period in which the vessel is inventory held for sale or lease by a person or leased by that person as lessor and that person is in the business of selling vessels;

(4) Any lien arising out of an attachment of a vessel;

(5) Any security interest claimed on proceeds, as defined in § 9–102(a)(65) of the Commercial Law Article, if the original security interest did not have to be noted on the certificate of title in order to be perfected; or

(6) Any vessel for which a certificate of title is not required under this subtitle.
Md. Code, General Provisions § 8-101 — MD Code / Article ggp / Title 8 / Subtitle 1 / Section 8-101
§8–101.
Status: in_force

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

(b) (1) “Claim” means a request or demand, under a contract or otherwise, for money or other property, whether or not the governmental entity has title to the money or property, that is:

(i) presented to an officer, employee, or agent of a governmental entity; or

(ii) made to a contractor, a grantee, or another recipient, if the money or other property is to be spent or used on a governmental entity’s behalf or to advance an interest of a governmental entity, and the governmental entity:

1. provides or has provided any portion of the money or other property requested or demanded; or

2. will reimburse the contractor, grantee, or other recipient for any portion of the money or other property that is requested or demanded.

(2) “Claim” does not include requests or demands for money or other property that a governmental entity has paid to an individual as compensation for employment or as an income subsidy with no restrictions on that individual’s use of the money or other property.

(c) “Employee” means an individual who performs services:

(1) for and under the control and direction of an employer; and

(2) under an employer’s promise or implied promise of payment of wages or other remuneration.

(d) “Employer” means a person or group of persons that, acting directly or indirectly on behalf of another person or group of persons:

(1) allows an employee to perform services under the employer’s control and direction; and

(2) promises or implies that the employee will receive wages or other remuneration in payment for the performance of those services.

(e) “Governmental entity” means:

(1) the State;

(2) a county; or

(3) a municipal corporation.

(f) (1) “Knowing” or “knowingly” means, with respect to information and without requiring proof of specific intent to defraud, that a person:

(i) has actual knowledge that the information is false;

(ii) acts in deliberate ignorance of the truth or falsity of the information; or

(iii) acts in reckless disregard of the truth or falsity of the information.

(2) “Knowing” or “knowingly” does not mean, with respect to information, that a person acts in a manner that constitutes a mistake or negligence.

(g) “Material” means having a natural tendency to influence or be capable of influencing the payment or receipt of money or other property.

(h) “Obligation” means an established duty, whether or not fixed, arising from:

(1) an express or implied:

(i) contractual relationship;

(ii) grantor–grantee relationship; or

(iii) licensor–licensee relationship;

(2) a fee–based or similar relationship;

(3) statute or regulation; or

(4) the retention of an overpayment.

(i) “Public body” means:

(1) the General Assembly or any other elected body;

(2) a member or an employee of the General Assembly or any other elected body;

(3) a State court;

(4) a member or an employee of a State court;

(5) a State or local regulatory, administrative, or public agency or authority;

(6) an instrumentality of a State or local regulatory, administrative, or public agency or authority;

(7) a State or local law enforcement agency, prosecutorial office, or police or peace officer;

(8) a State or local department of an executive branch of government; or

(9) a division, a board, a bureau, an office, a committee, or a commission of any of the public bodies listed in this subsection.

(j) “Retaliatory action” means discharging, suspending, demoting, threatening, harassing, or discriminating against an employee, a contractor, or an agent as a result of an activity described in § 8–107(a) of this title.

(k) “Supervisor” means an individual within an employer’s organization who has the authority to:

(1) direct and control the work performance of an employee; or

(2) take corrective action regarding the violation of a law or regulation that is the subject of a complaint or charge under this title.
Md. Code, Health - General § 8-901 — MD Code / Article ghg / Title 8 / Subtitle 9 / Section 8-901
§8–901.
Status: in_force

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

(b) “Designee” means a nonprofit or quasi-governmental entity designated by the Baltimore City Health Department to receive funds from the Administration to plan, manage, monitor, and disburse funds to substance abuse prevention and treatment programs.

(c) “Nonprofit entity” means:

(1) A land-based organization that qualifies under § 501(c) of the Internal Revenue Code of 1986, as amended; or

(2) Any similar land-based entity that does not operate for profit.

(d) (1) “Quasi-governmental entity” means a land-based organization created by a unit of government to plan for the use of, monitor, disburse, and manage public funds.

(2) “Quasi-governmental entity” includes Baltimore Substance Abuse Systems, Inc.
Md. Code, Human Services § 8-710 — MD Code / Article ghu / Title 8 / Subtitle 7 / Section 8-710
§8–710.
Status: in_force

(a) A person may not operate a residential child care program in the State without a license.

(b) A person who violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for each day of operation.
Md. Code, Insurance § 8-307 — MD Code / Article gin / Title 8 / Subtitle 3 / Section 8-307
§8–307.
Status: in_force

The Commissioner shall register each applicant who meets the requirements of this subtitle.
Md. Code, Natural Resources § 8-739 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-739
§8–739.
Status: in_force

(a) Any person who violates any provision of § 8-712, § 8-712.1, § 8-712.3, § 8-713, or § 8-718 of this subtitle is guilty of a misdemeanor and on conviction is subject to:

(1) For a first offense, a fine not exceeding $500; and

(2) For any subsequent offense that occurs within 2 years of a prior violation, a fine not exceeding $1,000 or imprisonment not exceeding 1 year, or both.

(b) Any person who violates § 8-716.1 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 5 years, or both.
Md. Code, Labor and Employment § 8-203 — MD Code / Article gle / Title 8 / Subtitle 2 / Section 8-203
§8–203.
Status: in_force

(a) An employer may submit to the Secretary a written election that employment that otherwise is not covered under this title is covered employment if:

(1) payments are not required for the employment under an unemployment insurance law of another state or the federal government; and

(2) the employment is performed for the employer by an individual in a distinct establishment or place of business.

(b) (1) The Secretary shall approve or disapprove the election in writing.

(2) If the Secretary approves an election, the employment included in the election shall be covered employment from the date stated in the approval.

(c) An election under this subsection shall be for at least 2 calendar years.

(d) The provisions of § 8–909 of this title with respect to rights to benefits based on service for State and nonprofit institutions of higher education shall apply to service that is covered employment under an election under this section.

(e) The employment shall cease to be covered employment as of January 1 of the calendar year following the end of the 2 calendar year period during which the employment has been covered if, by January 31 of that year:

(1) the employing unit has submitted a written notice of termination to the Secretary; or

(2) the Secretary has given notice of termination of the coverage.
Md. Code, Financial Institutions § 8-309 — MD Code / Article gfi / Title 8 / Subtitle 3 / Section 8-309
§8–309.
Status: in_force

(a) (1) On June 30 of each year, or at the discretion of the Division Director or as circumstances warrant, the Division Director shall provide a written report to the Governor, the President of the Senate, the Speaker of the House of Delegates, and the Secretary of Labor on:

(i) The operations of the Division Director’s office;

(ii) The condition of the savings and loan industry, including any violations of this subtitle or Title 9 of this article and the regulations adopted under those titles; and

(iii) As to the laws that the Division Director administers, amendments that the Division Director considers desirable.

(2) The report is confidential and is not subject to disclosure in accordance with the provisions of Title 4, Subtitle 3, Part III of the General Provisions Article.

(b) (1) On June 30 of each year, the Division Director shall submit a report to the General Assembly in accordance with § 2–1257 of the State Government Article describing:

(i) The operations of the Division Director’s office;

(ii) The general condition of the savings and loan industry; and

(iii) Any recommended legislative changes.

(2) The report may include a summary of final enforcement actions taken by the Division Director but may not include pending investigations of violations of law reported under subsection (a) of this section.
Md. Code, Insurance § 8-503 — MD Code / Article gin / Title 8 / Subtitle 5 / Section 8-503
§8–503.
Status: in_force

(a) This section does not apply to a lawyer admitted to the bar of the State while acting within the scope of the profession of the lawyer.

(b) (1) Except as otherwise provided in paragraph (2) of this subsection, before a person acts as a reinsurance manager or reinsurance broker in the State, the person:

(i) in the case of a person that maintains an office in the State:

1. must obtain a license under this subtitle; or

2. must qualify as an insurance producer under Title 10, Subtitle 1 of this article; or

(ii) in the case of a person that maintains an office in another state:

1. must obtain a license under this subtitle or under a law of another state that is substantially similar to this subtitle; or

2. must qualify as an insurance producer under Title 10, Subtitle 1 of this article or under a law of another state that is substantially similar to Title 10, Subtitle 1 of this article.

(2) Before a person acts as a reinsurance manager for a reinsurer domiciled in the State, the person must:

(i) obtain a license under this subtitle; or

(ii) qualify as an insurance producer under Title 10, Subtitle 1 of this article.

(3) This subsection applies to a person that maintains an office in the State either directly or as a member or employee of a firm or association or as an officer, director, or employee of a corporation that maintains an office in the State.
Md. Code, Health - General § 8-502.1 — MD Code / Article ghg / Title 8 / Subtitle 5 / Section 8-502.1
§8–502.
Status: in_force

§8–502.1.

(a) A parent or guardian of the person of a minor may apply, on behalf of the minor, for admission of the minor to a certified inpatient alcohol and drug abuse program or facility or a certified intensive outpatient alcohol and drug abuse program under this section.

(b) A program or facility may not admit an individual under this section unless the program or facility has determined that:

(1) The individual has an alcohol or other drug dependency that necessitates the level of care provided by the program or facility;

(2) The individual would benefit from treatment;

(3) The parent or guardian making application for admission of the individual understands the nature of the request for admission and the nature of the treatment provided by the program or facility; and

(4) Assent to the admission has been given by the Director or the Director’s designee of the program or facility.

(c) In order for an individual to be retained for treatment under this section:

(1) The parent or guardian who applied for admission of the individual shall have the right to be actively involved in treatment; and

(2) The program or facility shall note on the application for admission whether or not the minor was admitted in accordance with the provisions of § 20–102(c–1) of this article.

(d) A program or facility has the right to discharge an individual admitted for treatment under this section if the individual is not complying with the treatment program or the facility’s policies and procedures.
Md. Code, Real Property § 8-806 — MD Code / Article grp / Title 8 / Subtitle 8 / Section 8-806
§8–806.
Status: in_force

(a) (1) In any suit, action, or proceeding by a ground lease holder, or the transferee of the reversion in property subject to a ground lease, to recover past due ground rent, the ground lease holder, or the transferee of the reversion is entitled to demand or recover not more than 3 years’ past due ground rent, calculated from the date notice was sent under § 8–807(c)(1) of this subtitle.

(2) Notwithstanding any other provision of law, a ground lease holder may not bring any suit, action, or proceeding against the current leasehold tenant or a former leasehold tenant to recover the ground rent that was due and owing before the date the current leasehold tenant acquired title to the leasehold interest if the ground lease was not registered in accordance with Subtitle 7 of this title before the date the current leasehold tenant acquired title.

(b) If authorized under the ground lease, a ground lease holder may be reimbursed for reasonable late fees, interest, collection costs, and expenses, subject to the same limitations as provided in § 8–807 of this subtitle.

(c) (1) Notwithstanding any other provision of law, in any suit, action, or proceeding to recover past due ground rent, a ground lease holder may only recover not more than 3 years’ past due ground rent, calculated from the date notice was sent under § 8–807(c)(1) of this subtitle, if the property is:

(i) Owned or acquired by any means by the Mayor and City Council of Baltimore; and

(ii) Distressed property, as defined in § 21–17(a)(3) of the Public Local Laws of Baltimore City.

(2) Notwithstanding any other provision of law, a ground lease holder may not bring any suit, action, or proceeding against the current leasehold tenant to recover the ground rent that was due and owing from a former leasehold tenant before the date that the current leasehold tenant acquired title, if the property is:

(i) Owned or acquired by any means by the current leasehold tenant; and

(ii) Abandoned property, as defined in § 21–17(a)(2) of the Public Local Laws of Baltimore City.

(3) With regard to property described under paragraphs (1) and (2) of this subsection, a ground lease holder may request in writing that the current leasehold tenant acquire the reversionary interest under the ground lease for the market value established at the time of the acquisition by the current leasehold tenant under the ground lease.
Md. Code, Labor and Employment § 8-1106 — MD Code / Article gle / Title 8 / Subtitle 11 / Section 8-1106
§8–1106.
Status: in_force

Notwithstanding any other provision of this title, as to extended benefits for which the federal government wholly reimburses the State, the Secretary may not:

(1) charge the earned rating record of an employing unit for those extended benefits; or

(2) require an employer to make reimbursement payments for those extended benefits.
Md. Code, Business Occupations and Professions § 8-306 — MD Code / Article gbo / Title 8 / Subtitle 3 / Section 8-306
§8–306.
Status: in_force

While a certificate is in effect, it authorizes the certificate holder to use the title “certified interior designer” or the term “certified interior design services”.
Md. Code, Business Occupations and Professions § 8-403 — MD Code / Article gbo / Title 8 / Subtitle 4 / Section 8-403
§8–403.
Status: in_force

(a) Before a certified interior designer issues to a client or submits to a public authority any interior design document, including drawings, plans, schedules, reports, or specifications, the certified interior designer who prepared or approved the document shall sign, seal, and date the document.

(b) Any interior design document issued or submitted as described in subsection (a) of this section shall be identified as the interior design document.
Md. Code, Labor and Employment § 8-810 — MD Code / Article gle / Title 8 / Subtitle 8 / Section 8-810
§8–810.
Status: reserved

(a) An individual filing a new claim for unemployment insurance benefits establishing a new benefit year shall be advised of the following, at the time of filing such claim:

(1) unemployment insurance benefits are subject to federal, State, and local income tax;

(2) requirements exist pertaining to estimated tax payments;

(3) the individual may elect to have the Secretary deduct federal income tax from the individual’s payment of unemployment insurance benefits at the amount specified in the federal Internal Revenue Code;

(4) the individual may elect to have the Secretary deduct State income tax from the individual’s payment of unemployment insurance benefits at the rate of seven percent; and

(5) the individual may change a previously elected withholding status.

(b) Amounts deducted from unemployment insurance benefits pursuant to this section shall remain in the Unemployment Insurance Fund until transferred to the appropriate taxing authority as a payment of income tax.

(c) The Secretary shall follow the procedures specified by the United States Department of Labor, the federal Internal Revenue Service, and the Maryland State Comptroller pertaining to the deducting and withholding of income tax.

(d) Amounts deducted from unemployment insurance benefits under this section shall be deducted and withheld only after amounts are deducted and withheld for any overpayments of any unemployment insurance benefits, child support obligations, and to satisfy any other requirements of federal law.
Md. Code, Real Property § 8-219 — MD Code / Article grp / Title 8 / Subtitle 2 / Section 8-219
§8–219.
Status: in_force

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

(2) (i) “Apartment facility” means an apartment building or complex that contains four or more individual dwelling units that a common landlord rents for residential purposes, including all common areas available for use by a tenant.

(ii) “Apartment facility” does not include:

1. A single–family house, regardless of the number of individual dwelling units into which the house is subdivided;

2. A condominium organized under Title 11 of this article; or

3. A cooperative project organized under Title 5, Subtitle 6B of the Corporations and Associations Article.

(3) “Dwelling unit” means that portion of a building that is designated, intended, or arranged for use or occupancy as a residence by one or more persons.

(4) “Tenant organization” means an incorporated or unincorporated organization of three or more tenants who reside in an apartment facility formed for the purpose of improving the living conditions, contractual position, or community experiences of the residents of the apartment facility that:

(i) Meets regularly;

(ii) Operates democratically; and

(iii) Is independent of the owners or management of the apartment facility and their representatives.

(b) (1) Subject to subsection (c) of this section, a tenant organization shall have the right to assemble in a meeting room within an apartment facility designated for use by tenants for events and community gatherings during reasonable hours and on reasonable notice to the landlord to conduct tenant organization meetings.

(2) (i) The landlord may impose reasonable terms and conditions on the use of a meeting room, provided that the terms and conditions do not undermine the purposes of this section.

(ii) The landlord may require an individual participating in a tenant organization meeting who is not a resident of the apartment facility to sign a waiver of liability for injuries sustained while on the property.

(3) A tenant organization shall:

(i) Designate at least two but not more than five members who are authorized to schedule use of a meeting room on behalf of the tenant organization; and

(ii) Provide written notification to the landlord of the designees at least once per year.

(c) (1) A landlord may not charge a tenant organization a fee for the use of a meeting room for the first meeting of the tenant organization each month.

(2) A landlord may charge a reasonable fee for all other uses of a meeting room by the tenant organization within the same month provided that the fee does not exceed the regular schedule of fees charged to other groups or individuals for use of the meeting room.
Md. Code, Health Occupations § 8-302.1 — MD Code / Article gho / Title 8 / Subtitle 3 / Section 8-302.1
§8–302.
Status: in_force

§8–302.1.

(a) Except as otherwise provided in this title, to qualify for advanced practice certification, an applicant shall:

(1) Be of good moral character;

(2) Submit to a criminal history records check in accordance with § 8–303 of this subtitle; and

(3) Meet the requirements of this section.

(b) An applicant for certification as an advanced practice registered nurse shall:

(1) (i) Be a registered nurse; or

(ii) Have a multistate licensure privilege to practice registered nursing under the Nurse Licensure Compact;

(2) Complete an education program approved by the Board;

(3) Submit to the Board:

(i) A completed application for certification as an advanced practice registered nurse for each area in which certification is sought;

(ii) Documentation of:

1. An active license in good standing as a registered nurse in the State; or

2. A multistate licensure privilege to practice registered nursing under the Nurse Licensure Compact;

(iii) Documentation that the applicant has graduated from a graduate level accredited program for advanced practice registered nursing; and

(iv) Documentation of certification as an advanced practice registered nurse by a national certifying body recognized by the Board;

(4) Meet the English language competency requirements under § 8–302(e) of this subtitle; and

(5) Meet any other requirements set by the Board.

(c) An individual certified as a clinical nurse specialist who was certified by a national certifying body recognized by the Board before October 1, 2012, shall be deemed to meet the requirements for certification under subsection (b) of this section while the individual remains certified and in good standing.

(d) (1) An applicant for initial certification as a registered nurse practitioner who has not been certified by the Board or any other board of nursing shall identify on the application for certification a mentor who will consult and collaborate with the applicant for 18 months beginning on the date the application for certification is received by the Board.

(2) A certified registered nurse practitioner shall practice in accordance with the standards of practice of the American Association of Nurse Practitioners or any other national certifying body recognized by the Board.

(e) An advanced practice registered nurse who qualifies for certification by the Board by having a multistate licensure privilege to practice registered nursing under the Nurse Licensure Compact shall ensure, at all times, that the Board has current documentation of certification as an advanced practice registered nurse by a national certifying body as required under subsection (b)(3)(iv) of this section for the area of specialty for which the advanced practice registered nurse is certified by the Board.

(f) (1) (i) Except as provided in subparagraph (ii) of this paragraph, an advanced practice registered nurse’s certification expires on the same date as the advanced practice registered nurse’s license to practice registered nursing.

(ii) The term of certification for an advanced practice registered nurse who qualifies for certification by the Board by having a multistate licensure privilege to practice registered nursing under the Nurse Licensure Compact:

1. Is 2 years; and

2. Expires on the 28th day of the birth month of the advanced practice registered nurse in an odd–numbered year for a birth date ending in an odd–numbered year or in an even–numbered year for a birth date ending in an even–numbered year.

(2) Before an advanced practice registered nurse’s certification expires, the advanced practice registered nurse may renew the certification for an additional 2–year term if the advanced practice registered nurse is otherwise entitled to be licensed.

(3) The Board may not renew the certification of an advanced practice registered nurse if the Board does not have documentation of the licensee’s current certification as an advanced practice registered nurse by a national certifying body recognized by the Board as required under subsection (b)(3)(iv) of this section for the area of specialty for which the advanced practice registered nurse is certified by the Board.
Md. Code, Estates and Trusts § 8-113 — MD Code / Article get / Title 8 / Subtitle 1 / Section 8-113
§8–113.
Status: in_force

In allowing a claim the personal representative may deduct a counterclaim which the estate has against the claimant.
Md. Code, Tax - Property § 8-228 — MD Code / Article gtp / Title 8 / Subtitle 2 / Section 8-228
§8–228.
Status: reserved

(a) If a part of any rezoned real property is subdivided by a recorded plat, is used for a purpose other than a residential use, or is transferred to someone other than an immediate family member of the owner, the property ceases to be rezoned real property and the residential use assessment under this section and §§ 8-226 and 8-227 of this subtitle shall terminate and the Department shall value and assess the property in accordance with the provisions of Subtitle 1 of this title.

(b) If the residential use assessment is terminated under subsection (a) of this section, the homeowner who paid taxes based on the residential use assessment shall pay to the Department a penalty as calculated in subsection (c) of this section.

(c) (1) The penalty due is calculated based on the difference between the assessment of the property based on its residential use as rezoned real property and the assessment required under subsection (a) of this section multiplied by the sum of the State, county, and municipal tax rates for the current tax year.

(2) The total penalty due is equal to the amount determined in paragraph (1) of this subsection multiplied by the number of years, not exceeding 3, for which the homeowner received a residential use assessment under this section and §§ 8-226 and 8-227 of this subtitle.

(3) Annual interest at the rate of 12% shall apply to the penalty calculated under this subsection.

(d) The proceeds of the penalty collected under this section shall be distributed to the State, county, and municipal governments in the proportion that each tax rate bears to the total of the State, county, and municipal tax rates.
Md. Code, Natural Resources § 8-2106 — MD Code / Article gnr / Title 8 / Subtitle 21 / Section 8-2106
§8–2106.
Status: in_force

In implementing a phragmites control program, the Secretary shall consider alternative management and control methods and employ only those determined not to have adverse water quality impacts.
Md. Code, Courts and Judicial Proceedings § 8-310 — MD Code / Article gcj / Title 8 / Subtitle 3 / Section 8-310
§8–310.
Status: in_force

(a) (1) At each interval set in a jury plan for a county, its jury commissioner shall have names of qualified jurors selected in the number that the jury commissioner decides will satisfy the needs for jury service during the interval.

(2) Subject to § 8-421 of this title, a jury commissioner shall have enough names selected to allow parties to make peremptory challenges as allowed under this title or otherwise provided in the Maryland Rules.

(b) Names selected under this section constitute a qualified juror pool.

(c) (1) Subject to paragraph (2) of this subsection, a jury commissioner shall allocate names from the qualified juror pool to grand and trial juries as the jury plan provides.

(2) Except as needed to complete service in a particular case or as otherwise provided in a jury plan, an individual may not be required, in any 3–year period, to serve or attend court for jury service more than once.
Md. Code, General Provisions § 8-105 — MD Code / Article ggp / Title 8 / Subtitle 1 / Section 8-105
§8–105.
Status: in_force

(a) (1) If the governmental entity intervenes and proceeds with an action filed under § 8–104 of this title and the governmental entity prevails, the court shall award the person initiating the action an amount that is:

(i) not less than 15% and not more than 25% of the proceeds of the action or settlement of the claim; and

(ii) proportional to the amount of time and effort that the person substantially contributed to the final resolution of the civil action.

(2) (i) If the court finds that the action is based primarily on disclosures of specific information relating to allegations or transactions in a criminal, a civil, or an administrative hearing, in a legislative or an administrative report, a hearing, an audit, or an investigation, or from the news media, the court may make an award to the person initiating the action that:

1. the court considers appropriate, taking into account the significance of the information and the role of the person initiating the action in advancing the case to litigation; and

2. does not exceed 10% of the proceeds of the action.

(ii) The information described in subparagraph (i) of this paragraph does not include information disclosed and provided by the person initiating the action.

(3) Any payment to a person under paragraph (1) or (2) of this subsection shall be made from the proceeds of the action.

(4) (i) In addition to the amount provided under paragraphs (1) and (2) of this subsection, a court may award the person initiating the action:

1. an amount for reasonable expenses that the court finds to have been necessarily incurred; and

2. reasonable attorney’s fees and costs.

(ii) In determining the amount of any award under subparagraph (i) of this paragraph, the court shall consider the amount of any penalties and damages recovered in the action and any other factor as justice may require.

(iii) Any expenses, fees, and costs awarded under this paragraph shall be awarded against the defendant.

(b) (1) If a court finds that the action is initiated by a person who planned and initiated or otherwise deliberately participated in the violation on which the action was based, the court may, to the extent it considers appropriate, reduce the share of the proceeds of the action that the person otherwise would have received under this section.

(2) In reducing the share of the proceeds of the person initiating the action under this subsection, the court shall consider:

(i) the role of the person in advancing the case to litigation; and

(ii) any relevant circumstances relating to the underlying violation.

(3) (i) If the person initiating a civil action under § 8–104 of this title is convicted of criminal conduct arising from the person’s participation in the violation on which the action was based prior to a final determination of the action, the person:

1. shall be dismissed from the action; and

2. may not receive any share of the proceeds of the action.

(ii) The dismissal of the person initiating the action in accordance with this paragraph does not prejudice the right of the governmental entity to continue the action.

(4) If the person initiating a civil action under § 8–104 of this title is convicted of criminal conduct arising from the person’s participation in the violation on which the action was based after the proceeds from the action are awarded to that person, the court shall order the person to repay the proceeds previously awarded.

(c) A court may award reasonable attorney’s fees and expenses to a defendant and against the person initiating the action if:

(1) the defendant prevails in the action; and

(2) the court finds that the claim of the person initiating the action was brought primarily for purposes of harassment or otherwise was brought in bad faith.
Md. Code, Real Property § 8B-202 — MD Code / Article grp / Title 8B / Subtitle 2 / Section 8B-202
§8B–202.
Status: in_force

(a) An affidavit of affixation shall contain or be accompanied by:

(1) A description of the manufactured home, including:

(i) The name of the manufacturer, make, model name, model year, dimensions, and manufacturer’s serial number; and

(ii) A statement whether the manufactured home is new or used;

(2) The street address and legal description of the parcel of real property to which the manufactured home is or will be affixed;

(3) A statement that the ownership interests in the manufactured home and the parcel of real property to which the manufactured home is or will be affixed are identical or will be identical after filing the affidavit of affixation in the land records; and

(4) A statement that the manufactured home is or will be attached to the real property described at the time of the filing of the affidavit of affixation in the land records.

(b) (1) Except as provided in paragraph (2) of this subsection, an affidavit of affixation shall be accompanied by:

(i) An original certificate of title issued by the Motor Vehicle Administration for the manufactured home that:

1. Has the word “surrendered” clearly written on its face; and

2. If the certificate of title indicates that there is a lien on the manufactured home, is accompanied by a release from each party that is indicated to have a lien on the manufactured home; or

(ii) A manufacturer’s certificate of origin for the manufactured home that:

1. Has the word “surrendered” clearly written on its face; and

2. If the manufacturer’s certificate of origin indicates that there is a lien on the manufactured home, is accompanied by a release from each party that is indicated to have a lien on the manufactured home.

(2) If the owner is unable to locate an original certificate of title or a manufacturer’s certificate of origin, the affidavit of affixation shall be accompanied by a report prepared and acknowledged by an attorney licensed to practice in the State or a title insurance producer licensed to do business in the State that:

(i) Identifies the party preparing the report;

(ii) States that a search has been conducted of:

1. The land records of the county in which the parcel of real property to which the manufactured home is or will be affixed is located; and

2. The records maintained by the Motor Vehicle Administration; and

(iii) Identifies all liens on the manufactured home, including for each lien:

1. The name of the lien holder;

2. The nature of the lien;

3. The date the lien was created; and

4. The amount of the lien.

(c) (1) If an affidavit of affixation is accompanied by an original certificate of title, the affidavit shall be accompanied by:

(i) A statement that it is the intent of the owner to surrender the certificate of title; and

(ii) A statement that:

1. There is no lien on the manufactured home; or

2. Any lien on the manufactured home has been satisfied and the appropriate releases are attached and made a part of the affidavit of affixation.

(2) If an affidavit of affixation is accompanied by a manufacturer’s certificate of origin, the affidavit shall be accompanied by:

(i) A statement that a certificate of title has not been issued for the manufactured home;

(ii) A statement that it is the intent of the owner to surrender the manufacturer’s certificate of origin; and

(iii) A statement that:

1. There is no lien on the manufactured home; or

2. Any lien on the manufactured home has been satisfied and the appropriate releases are attached and made a part of the affidavit of affixation.

(3) If an affidavit of affixation is accompanied by a statement from an attorney or title insurance producer, the affidavit also shall be accompanied by:

(i) A statement that the owner is unable to locate a certificate of title or a manufacturer’s certificate of origin for the manufactured home; and

(ii) A statement that identifies all liens on the manufactured home, including for each lien:

1. The name of the lien holder;

2. The nature of the lien;

3. The date the lien was created; and

4. The amount of the lien.

(d) An affidavit of affixation shall be signed under penalty of perjury and acknowledged.

(e) The clerk of the circuit court of the county in which the parcel of real property to which a manufactured home is or will be affixed is located:

(1) Shall accept an affidavit of affixation and any attachments for recordation and indexing; and

(2) May charge a reasonable fee for the recordation.

(f) The recordation of an affidavit of affixation does not represent a sale or transfer of real property for the purpose of the collection of any tax or fee charged by the State or any county or municipality.

(g) (1) Immediately after filing an affidavit of affixation with the clerk of the circuit court, the owner of the property to which a manufactured home has been affixed shall send a certified copy of the affidavit and any attachments to the Motor Vehicle Administration.

(2) On receipt of a certified copy of an affidavit of affixation and any attachments under paragraph (1) of this subsection, the Motor Vehicle Administration shall record the affidavit and attachments in the Administration’s records.
Md. Code, Education § 8-3A-08 — MD Code / Article ged / Title 8 / Subtitle 3A / Section 8-3A-08
§8–3A–08.
Status: in_force

(a) The Department and the Maryland School for the Deaf shall enter into a written agreement.

(b) The agreement shall provide for monitoring and review of the Maryland School for the Deaf by the Department, including:

(1) Review by the Department of the annual budget approved by the Board of the Maryland School for the Deaf;

(2) Monitoring of the Maryland School for the Deaf’s program of enhanced services for deaf students by the Department who have other moderate to severe disabilities, including the criteria approved by the Board of the Maryland School for the Deaf for the admission of students to the program;

(3) Consultation between the Department and the Maryland School for the Deaf on issues of deaf education;

(4) Assistance from the Department in developing agreements between the Maryland School for the Deaf and local school systems and other State and local agencies for provision of services to deaf children; and

(5) Monitoring by and assistance from the Department regarding other aspects of the Maryland School for the Deaf’s educational program and services to deaf children as required by federal or State law.

(c) (1) The Maryland School for the Deaf may enter into written agreements with State and local agencies, including local school systems, for the purpose of providing services to deaf children.

(2) This subsection in no way abrogates the obligation of the local school systems to provide alternative programs for deaf and hearing–impaired students.
Md. Code, Insurance § 8-439 — MD Code / Article gin / Title 8 / Subtitle 4 / Section 8-439
§8–439.
Status: in_force

(a) When a consolidation or merger becomes effective, each right, franchise, and interest of the consolidated or merged society in an asset vests in the successor society, without the need for any other instrument.

(b) A conveyance of real property may be evidenced by a proper deed.

(c) The title to or any interest in real property vested under the laws of the State in a consolidated or merged society does not revert and is not in any way impaired because of the consolidation or merger, but vests absolutely in the successor society.
Md. Code, Agriculture § 8-804 — MD Code / Article gag / Title 8 / Subtitle 8 / Section 8-804
§8–804.
Status: in_force

(a) The Department shall establish a Nutrient Management Advisory Committee. The Secretary shall appoint to the Committee representatives of the agricultural community, the environmental community, the commercial lawn care, biosolids, and agricultural fertilizer industries, academia, and appropriate government units. The Secretary also shall appoint to the Committee a representative of county government from a list submitted by the Maryland Association of Counties. The President of the Senate of Maryland shall appoint to the Committee one Senator and the Speaker of the House of Delegates shall appoint to the Committee one Delegate.

(b) In consultation with the Nutrient Management Advisory Committee, the Department shall by regulation:

(1) Prescribe the criteria, form, and content for certified nutrient management plans applicable to licensees and certificate holders;

(2) Establish continuing education requirements for certified nutrient management consultants and persons receiving vouchers of completion under § 8-803.3 of this subtitle; and

(3) Adopt guidelines and requirements for licensees and certified nutrient management consultants on record keeping and on reporting requirements to the Department on nutrient management plans.
Md. Code, Education § 8-501 — MD Code / Article ged / Title 8 / Subtitle 5 / Section 8-501
§8–501.
Status: in_force

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

(b) “Child in State–supervised care” means a child who is in the custody of, committed to, or otherwise placed by a placement agency.

(c) “Noncollegiate educational institution” has the meaning stated in § 2–206 of this article.

(d) “Notice” means that written, verbal, or other communication regarding the identification of a child in State–supervised care has been effectuated.

(e) “Placement agency” means:

(1) A local department of social services;

(2) The Maryland Department of Health;

(3) The Department of Juvenile Services; or

(4) A private agency that:

(i) Engages in the placement of children in homes or with individuals; and

(ii) Is licensed by the Social Services Administration under § 5–507 of the Family Law Article.

(f) “Receiving school” means a public school or a noncollegiate educational institution affiliated with a residential child care program or treatment facility that has an educational program approved by the Department in which a child in State–supervised care is newly enrolled or seeks to enroll.

(g) “Sending school” means a public school or a noncollegiate educational institution affiliated with a residential child care program or treatment facility that has an educational program approved by the Department in which a child in State–supervised care was enrolled prior to enrolling, or seeking to enroll, in a receiving school.
Md. Code, Real Property § 8A-801 — MD Code / Article grp / Title 8A / Subtitle 8 / Section 8A-801
§8A–801.
Status: in_force

(a) The park owner at all times shall:

(1) Comply with all applicable building, housing, zoning, and health codes;

(2) Keep in good repair the leased site and all permanent fixtures that the park owner provides;

(3) Keep in a good state of appearance, repair, safety, and cleanliness the common areas and buildings;

(4) Provide at all reasonable times for the benefit of residents access to common areas, including their buildings and improvements, which access may not infringe on the leased site of any resident; and

(5) Keep in good repair each utility service.

(b) A park owner or an operator of a mobile home park, or the agent or employee of a park owner or an operator of a mobile home park, may not refuse, withhold from, or deny to any person any of the accommodations, advantages, facilities, or privileges of the mobile home park or leases to the premises because of the race, creed, color, sex, sexual orientation, gender identity, or national origin of that person.
Md. Code, Health Occupations § 8-6B-06 — MD Code / Article gho / Title 8 / Subtitle 6B / Section 8-6B-06
§8–6B–06.
Status: in_force

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

(1) Make recommendations to the Board regarding regulations necessary to carry out the provisions of this subtitle;

(2) Make recommendations to the Board regarding a code of ethics for the practice of electrology;

(3) Make recommendations to the Board regarding the requirements for licensure as an electrologist or an electrology instructor;

(4) Review applications for licensure as an electrologist or electrology instructor and make recommendations to the Board;

(5) Maintain a list of all currently licensed electrologists and electrology instructors;

(6) Make recommendations to the Board regarding continuing education requirements for electrologists;

(7) At the request of the Board, investigate complaints against licensed electrologists;

(8) Review electrology education programs both in the State and out of state in accordance with § 8–6B–16 of this subtitle to determine compliance with the standards of that section and make recommendations to the Board regarding approval or disapproval of these programs;

(9) Review advertising by licensed electrologists and by institutions that offer an electrology program and make recommendations to the Board, as necessary;

(10) At the request of the Board, after the Board has received a written and signed complaint, including a referral from the Commissioner of Labor and Industry, conduct an unannounced inspection of the office of an electrologist, other than an office of an electrologist in a hospital, related institution, freestanding medical facility, or a freestanding birthing center, to determine compliance at that office with the Centers for Disease Control and Prevention’s guidelines on universal precautions and make recommendations to the Board, as necessary;

(11) At the request of the Board, after the Board has received notice that an electrologist has opened an office, after notifying the electrologist, conduct an inspection of the office to determine compliance with the Board’s regulations relating to the minimum requirements for an office and make recommendations to the Board, as necessary;

(12) Advise the Board on matters relating to the practice of electrology;

(13) Keep a record of its proceedings; and

(14) Submit an annual report to the Board.
Md. Code, Commercial Law § 8-406 — MD Code / Article gcl / Title 8 / Subtitle 4 / Section 8-406
§8–406.
Status: in_force

If a security certificate has been lost, apparently destroyed, or wrongfully taken, and the owner fails to notify the issuer of that fact within a reasonable time after the owner has notice of it and the issuer registers a transfer of the security before receiving notification, the owner may not assert against the issuer a claim for registering the transfer under § 8-404 of this subtitle or a claim to a new security certificate under § 8-405 of this subtitle.
Md. Code, Tax - General § 8-203 — MD Code / Article gtg / Title 8 / Subtitle 2 / Section 8-203
§8–203.
Status: in_force

The financial institution franchise tax rate is 7% of taxable net earnings as determined under §§ 8-204 through 8-206 of this subtitle.
Md. Code, Labor and Employment § 8-602 — MD Code / Article gle / Title 8 / Subtitle 6 / Section 8-602
§8–602.
Status: in_force

(a) On the Secretary’s own initiative or on application of an employer, the Secretary shall, on the basis of facts that the Secretary finds, determine:

(1) whether the employer is an employing unit;

(2) which employment is covered;

(3) the contribution rate to be assigned;

(4) benefits charged to an employer; and

(5) (i) the status of the employer under § 8–613 of this subtitle, including whether the employer is a reorganized employer, a predecessor employer, or a successor employer; and

(ii) whether the employer has violated § 8–614 of this subtitle.

(b) (1) The Secretary shall send notice of the determination under subsection (a) of this section to the employer at its last known address or otherwise deliver notice to the employer.

(2) The notice shall:

(i) include a statement of the supporting facts found by the Secretary;

(ii) advise the employer of the employer’s right to request a review determination as provided under § 8–604 of this subtitle; and

(iii) advise the employer that the determination is final and not subject to appeal if the employer does not request a review determination in accordance with § 8–604 of this subtitle.

(c) (1) An employer may appeal a determination of the Secretary to the Board of Appeals within 15 days after the Secretary mailed or otherwise delivered the notice under subsection (b) of this section.

(2) The Board of Appeals shall allow the appeal.

(3) The Secretary shall be a party to the appeal.

(4) The Board of Appeals shall give the parties a reasonable opportunity for a fair hearing as provided under Subtitle 5A of this title.

(d) Except in the case of fraud or a period for which a report under § 8–626 of this subtitle was not filed, a determination made under subsection (a) of this section shall be sent to the employer within 3 years of the last day for the period at issue in the determination.
Md. Code, Tax - General § 8-402 — MD Code / Article gtg / Title 8 / Subtitle 4 / Section 8-402
§8–402.
Status: in_force

(a) A franchise tax, measured by gross receipts, is imposed, for each calendar year, on each public service company:

(1) engaged in a telephone business in the State; or

(2) engaged in the transmission, distribution, or delivery of electricity or natural gas in the State.

(b) The tax imposed under subsection (a) of this section does not apply to a public service company that is:

(1) a county;

(2) a municipal corporation;

(3) a nonprofit electric cooperative; or

(4) a public–private partnership formed for the generation of clean or renewable energy if:

(i) 30% or more of the electricity generated through the public–private partnership is purchased by the public partner; and

(ii) the clean or renewable energy generating station is sited on an eligible clean and renewable energy generation site as determined by the Department of the Environment, including:

1. rooftops;

2. parking lots;

3. landfills;

4. brownfields sites;

5. voluntary cleanup program sites;

6. reclaimed mines;

7. Superfund sites; and

8. sediment or retention ponds.

(c) The Department of the Environment may adopt regulations regarding the determination of eligible clean or renewable energy generation sites under subsection (b)(4) of this section.
Md. Code, Natural Resources § 8-721.1 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-721.1
§8–721.
Status: in_force

§8–721.1.

(a) The owner or operator of a marina or the owner’s or operator’s agent may have a vessel removed from the marina by a private person if the vessel has remained on the marina premises without permission for more than 48 hours and the owner, operator, or agent has placed in conspicuous locations signs that:

(1) State that vessels left at the marina without permission for more than 48 hours are subject to removal at the vessel owner’s expense;

(2) State the location to which the vessel will be removed;

(3) State that the vessel owner will be responsible for all costs associated with the removal and storage of the vessel; and

(4) Provide the telephone number of a person who can be contacted to arrange for the reclaiming of the vessel by its owner or the owner’s agent.

(b) A vessel may not be removed from a marina to a location that is more than 30 miles from the marina.

(c) The owner or operator of a marina, or the agent of the owner or operator, on finding a vessel left at the marina without permission, shall make a reasonable attempt to notify the vessel owner or the vessel owner’s agent of the intended removal of the vessel before the vessel may be removed under this section.

(d) A person who removes the vessel from a marina:

(1) Shall notify the vessel owner or the vessel owner’s agent at the earliest possible time after removing the vessel from the marina, and shall provide the following information:

(i) A description of the vessel including the vessel’s certificate of boat number;

(ii) The date and time the vessel was removed;

(iii) The reason the vessel was removed; and

(iv) The locations from which and to which the vessel was moved;

(2) Before removing the vessel, shall have authorization of the marina owner; and

(3) May not pay any remuneration to the owner of the marina.

(e) (1) The person who removes a vessel from a marina shall immediately deliver the vessel directly to a location customarily used by the person.

(2) The person who exercises control over the vessel at the location to which the vessel is delivered after removal from a marina shall provide the vessel owner or the vessel owner’s agent immediate and continuous opportunity to retake possession of the vessel.

(f) Any person who removes a vessel from a marina in violation of any provision of this section:

(1) Shall be liable for actual damages sustained by the vessel owner or the vessel owner’s agent as a result of the violation; and

(2) Shall be liable to the vessel owner or the vessel owner’s agent for up to triple the amount paid by the owner or the owner’s agent to retake possession of the vessel, as the court may determine.
Md. Code, Agriculture § 8-302 — MD Code / Article gag / Title 8 / Subtitle 3 / Section 8-302
§8–302.
Status: reserved

(a) The governing body of each district consists of five supervisors.

(b) Each supervisor shall be interested and knowledgeable in conservation of soil, water, and related natural resources. By training and experience, each supervisor shall be qualified to perform the specialized skilled services which are required in performing the duties under this subtitle.

(c) The supervisors shall be appointed in the following manner, and consideration shall be given to representation from farming, forestry, wildlife, and urban interests where appropriate:

(1) One district resident by the county governing body and serving at the pleasure of the county governing body. In those counties with both an executive and a legislative branch of government, the appointment shall be made by the executive and approved by the legislative branch;

(2) One by the Committee from a list of three district residents submitted by the county farm bureau;

(3) One by the Committee from a list of three district residents submitted by the county extension service; and

(4) Two by the Committee from among residents of the district.

(d) The term of office of each Committee appointed member is 5 years. Each supervisor shall hold office until his successor is appointed and qualifies. Vacancies shall be filled for any unexpired term by appointments made in the same manner as for the full term.

(e) The Committee, upon notice and hearing, may remove any supervisor from office for neglect of duty or malfeasance in office. In addition, any supervisor who, during any period of 12 consecutive months, shall fail to attend at least 50 percent of all regular meetings of the board of supervisors of the district of which he is an appointed member, shall be considered to have resigned and the chairman of the board of supervisors shall notify the appropriate appointing body of the resultant vacancy. However, if the reasons for the supervisor’s inability to attend meetings as required in this subtitle are found by the appointing body to be satisfactory, the appointing body may reinstate the supervisor to office.
Md. Code, Business Occupations and Professions § 8-203 — MD Code / Article gbo / Title 8 / Subtitle 2 / Section 8-203
§8–203.
Status: in_force

(a) From among its members, the Board annually shall elect a chairman and a secretary.

(b) The manner of election of officers shall be as the Board determines.

(c) A member may serve no more than three consecutive years as an officer of the Board.
Md. Code, Criminal Law § 8-302 — MD Code / Article gcr / Title 8 / Subtitle 3 / Section 8-302
§8–302.
Status: in_force

(a) In this section, “offer for sale” includes to induce, solicit, attempt, or advertise in a manner intended to encourage a person to purchase an identification card.

(b) Subject to subsection (c) of this section, a person may not:

(1) sell, issue, offer for sale, or offer to issue an identification card or document that contains:

(i) a blank space for a person’s age or date of birth; or

(ii) a person’s incorrect age or date of birth; or

(2) knowingly sell, issue, offer for sale, or offer to issue an identification card or document that contains:

(i) an incorrect name instead of a person’s true name; or

(ii) an incorrect address for a person.

(c) This section does not prohibit a manufacturer of identification cards or documents from selling or issuing identification cards or documents that contain a blank space for a person’s age or date of birth to:

(1) employers, for use as employee identification cards or documents;

(2) hospitals, for use as patient identification cards; or

(3) governmental units.

(d) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.

(2) Each identification card or document sold or issued and each offer in violation of this section is a crime that may be separately prosecuted.

(e) The Attorney General, or the State’s Attorney for a county where a violation of this section occurs, may seek an injunction to stop a sale, issue, or offer that violates this section.
Md. Code, Labor and Employment § 8-302 — MD Code / Article gle / Title 8 / Subtitle 3 / Section 8-302
§8–302.
Status: in_force

(a) There is a Division of Unemployment Insurance.

(b) The Division of Unemployment Insurance shall perform any function that the Secretary assigns to it to carry out this title.
Md. Code, Natural Resources § 8-401 — MD Code / Article gnr / Title 8 / Subtitle 4 / Section 8-401
§8–401.
Status: in_force

Many of the rivers of Maryland or portions of them and their related adjacent land areas possess outstanding scenic, geologic, ecologic, historic, recreational, agricultural, fish, wildlife, cultural, and other similar values. The policy of the State is to preserve and protect the natural values of these rivers, enhance their water quality, and fulfill vital conservation purposes by wise use of resources within their surrounding environment. Development of a Scenic and Wild Rivers Program is desirable to fulfill these purposes.
Md. Code, Health - General § 8-1102 — MD Code / Article ghg / Title 8 / Subtitle 11 / Section 8-1102
§8–1102.
Status: in_force

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

(2) “Nonpreferred medication” means a medication prescribed to treat an opioid use disorder that contains methadone, buprenorphine, or naltrexone and is not on the State’s preferred drug list.

(3) “Preferred medication” means a medication prescribed to treat an opioid use disorder that contains methadone, buprenorphine, or naltrexone and is on the State’s preferred drug list.

(b) The Department shall:

(1) Adopt a reporting system to monitor the prescribing of medications to treat opioid use disorders in the State, including which medications are being prescribed;

(2) Analyze patterns of prescribing medications in the State to identify prescribers who regularly prescribe nonpreferred medications, including a comparison of the patterns to the findings of the report submitted under subsection (d) of this section;

(3) Conduct outreach to individuals authorized to prescribe drugs and devices in the State using educational materials regarding the benefits of prescribing preferred medications; and

(4) Identify barriers to individuals who need medication to treat an opioid use disorder to obtaining the medication in a timely manner.

(c) On or before October 1 each year, beginning in 2023, the Department shall report on its findings and actions taken under subsection (b) of this section to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(d) On or before October 1, 2022, the Department shall submit a report with an initial analysis of the items listed under subsection (b) of this section to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
Md. Code, State Finance and Procurement § 8-105 — MD Code / Article gsf / Title 8 / Subtitle 1 / Section 8-105
§8–105.
Status: in_force

(a) The General Assembly finds that:

(1) for many years, State bonds have had the highest credit rating and, therefore, have been readily marketable at favorable interest rates;

(2) to continue to finance essential capital projects for the benefit of its citizens, the State must keep this rating; and

(3) to keep this rating, authorizations of State debt must be based on the ability of the State to meet its total debt service requirements in light of other calls on its fiscal resources.

(b) The purpose of this Part II of this subtitle is to provide for a State debt management program through which:

(1) a State debt affordability analysis can be made annually;

(2) on the basis of the analysis, proposed capital projects that require new State debt can be evaluated; and

(3) the General Assembly can receive guidance in properly setting priorities among capital projects and appropriations.
Md. Code, Real Property § 8-306 — MD Code / Article grp / Title 8 / Subtitle 3 / Section 8-306
§8–306.
Status: in_force

(a) The levy under an action of distress shall be made solely on goods on the leased premises, regardless of whether the goods are the property of the tenant or of some other person, except as provided in this subtitle.

(b) When the term of a lease is for more than 15 years, levy shall be made solely on the goods of the tenant or owner of the leasehold interest found on the leased premises. However, the goods of any subtenant or of any third party on the leased premises are not subject to levy under distress.
Md. Code, Education § 8-411 — MD Code / Article ged / Title 8 / Subtitle 4 / Section 8-411
§8–411.
Status: in_force

(a) (1) Each year the Governor shall place an item in the State budget for the education and training of children with disabilities who are under the age of 6.

(2) The appropriation by the General Assembly shall be spent under the supervision and control of the Department.

(b) The Department shall adopt standards and issue rules and regulations based on these standards for:

(1) Identification, evaluation, early intervention, and education of children with disabilities;

(2) Qualifications of service providers and teachers;

(3) Curriculum and equipment; and

(4) General supervision and operation of the program provided in this section.
Md. Code, Labor and Employment § 8-1202 — MD Code / Article gle / Title 8 / Subtitle 12 / Section 8-1202
§8–1202.
Status: in_force

(a) The work sharing unemployment insurance program seeks to:

(1) preserve the jobs of employees and the work force of an employer during periods of lowered economic activity by reduction in work hours or workdays rather than by a layoff of some employees while other employees continue their normal weekly work hours or workdays; and

(2) ameliorate the adverse effect of reduction in business activity by providing benefits for the part of the normal weekly work hours or workdays in which an employee does not work.

(b) The work sharing unemployment insurance program is not intended to subsidize:

(1) normal or expected fluctuations in economic activity that are an inherent part of an industry or occupation; or

(2) an employer’s usual operation on a long–term basis.
Md. Code, Public Safety § 8-203 — MD Code / Article gps / Title 8 / Subtitle 2 / Section 8-203
§8–203.
Status: in_force

(a) The purpose of the Fund is to ensure adequate fire protection and rescue services in the State.

(b) A grant or loan awarded under this section shall be used only for purchasing, replacing, or improving:

(1) equipment, including elevated equipment, pumpers, tankers, ladder trucks, ambulances, rescue vehicles, or other large equipment used for fire fighting and emergency services;

(2) communications equipment;

(3) protective equipment, including helmets, turnout coats and pants, boots, eyeshields, gloves, and self-contained respiratory protection units;

(4) any other equipment necessary to carry out the ordinary functions of supporting fire fighting and rescue activities; or

(5) facilities used to house fire fighting equipment, ambulances, and rescue vehicles.

(c) (1) (i) A volunteer company receiving a grant from the Fund shall provide at least a 30% match of the amount of the grant.

(ii) If a volunteer company cannot reasonably provide the required match before the grant is disbursed, the Board of Public Works may waive the requirement or may allow repayment of the match within a reasonable time not exceeding 18 months after the purchase, replacement, or improvement of the equipment or facilities.

(2) (i) Money to provide the required match may include contributions from local government.

(ii) A local government may not reduce the amount of money that the volunteer company would otherwise be entitled to receive from the local government because of State money provided under this section.

(3) Loans from the Fund may only be awarded to assist with up to 75% of the total cost of the equipment or facilities being purchased.

(d) After a favorable recommendation from the Association, the Board of Public Works may award a grant, loan, or both from the Fund to a volunteer company if:

(1) for a grant award:

(i) an act of God or other unforeseen event substantially impairs the ability of the volunteer company to provide adequate and safe service; or

(ii) the volunteer company is unable to maintain the minimum level of performance for adequate and safe service established by standards of the Association because of a demonstrated lack of financial resources; and

(2) the Association and the volunteer company have executed an agreement that:

(i) provides that the grant or loan will be used as represented to the Board of Public Works in the request for approval; and

(ii) gives to the State security in the equipment or facilities purchased with the loan and in the proceeds of that equipment or those facilities as determined by the Board of Public Works to be appropriate and adequate.

(e) A grant or loan awarded under this section may not:

(1) be used to refinance a debt or other obligation of a volunteer company; or

(2) be spent to replace or repair eligible items to the extent that insurance proceeds are available for those purposes.

(f) The Board of Public Works may not approve a grant or loan from the Fund to a volunteer company if the volunteer company has not made a good faith effort to obtain money from its local government.
Md. Code, Real Property § 8-5A-05 — MD Code / Article grp / Title 8 / Subtitle 5A / Section 8-5A-05
§8–5A–05.
Status: in_force

(a) A person who is a victim of abuse and who is a tenant under a residential lease may provide to the landlord a written request to change the locks of the leased premises if the protective order or peace order issued for the benefit of the tenant or legal occupant requires the respondent to refrain from entering or to vacate the residence of the tenant or legal occupant.

(b) The written request provided under subsection (a) of this section shall include:

(1) A copy of a protective order issued for the benefit of the tenant or legal occupant under § 4–506 of the Family Law Article; or

(2) A copy of a peace order issued for the benefit of the tenant or legal occupant under § 3–1505 of the Courts Article for which the underlying act was an act of abuse.

(c) (1) The landlord shall change the locks on the leased premises by the close of the next business day after receiving a written request under subsection (a) of this section.

(2) If the landlord fails to change the locks as required under paragraph (1) of this subsection, the tenant:

(i) May have the locks changed by a certified locksmith on the leased premises without permission from the landlord; and

(ii) Shall give a duplicate key to the landlord or the landlord’s agent by the close of the next business day after the lock change.

(d) If a landlord changes the locks on a tenant’s leased premises under subsection (c) of this section, the landlord:

(1) Shall provide a copy of the new key to the tenant who made the request for the change of locks at a mutually agreed time not to exceed 48 hours following the lock change; and

(2) May charge a fee to the tenant not exceeding the reasonable cost of changing the locks.

(e) (1) If a landlord charges a fee to the tenant for changing the locks on a tenant’s leased premises under subsection (d) of this section, the tenant shall pay the fee within 45 days of the date the locks are changed.

(2) If a tenant does not pay a fee as required under paragraph (1) of this subsection, the landlord may:

(i) Charge the fee as additional rent; or

(ii) Withhold the amount of the fee from the tenant’s security deposit.
Md. Code, Health Occupations § 8-502 — MD Code / Article gho / Title 8 / Subtitle 5 / Section 8-502
§8–502.
Status: in_force

(a) The Board shall appoint or recognize specific task advisory committees.

(b) Each advisory committee consists of at least three members appointed by the Board.

(c) Each committee member shall have expertise in the specific problem or area of nursing practice that is under investigation.

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

(e) Each advisory committee shall:

(1) Help the Board to forecast directions in nursing practice;

(2) Help the Board evaluate the impact of identified issues on nursing practice; and

(3) Make recommendations to the Board when appropriate.
Md. Code, Land Use § 8-104 — MD Code / Article glu / Title 8 / Subtitle 1 / Section 8-104
§8–104.
Status: in_force

(a) The legislative body of each local jurisdiction, by local law, may regulate:

(1) the construction, reconstruction, alteration, moving, and demolition of sites or structures of historical, archaeological, or architectural significance;

(2) the construction, reconstruction, alteration, moving, and demolition of sites and structures within districts; and

(3) the appurtenances and environmental settings of sites and structures within the limits of the local jurisdiction.

(b) The purpose of a local law adopted under this section is to:

(1) safeguard the heritage of the local jurisdiction by preserving sites, structures, or districts that reflect elements of cultural, social, economic, political, archaeological, or architectural history;

(2) stabilize and improve the property values of those sites, structures, or districts;

(3) foster civic beauty;

(4) strengthen the local economy; and

(5) promote the preservation and appreciation of those sites, structures, and districts for the education and welfare of the residents of each local jurisdiction.
Md. Code, Natural Resources § 8-404 — MD Code / Article gnr / Title 8 / Subtitle 4 / Section 8-404
§8–404.
Status: in_force

The Scenic and Wild Rivers Review Board may recommend for inclusion in the Scenic and Wild Rivers Program rivers, streams, and portions of rivers, streams, and tributaries, and the related adjacent lands which fall within the following descriptions:

(1) Trout streams and wetland areas;

(2) Spawning and propagation areas;

(3) Streams and rivers with scenic and aesthetic value of statewide significance;

(4) Existing or proposed public land adjacent to the rivers and streams;

(5) Sections of any river or stream where no development exists on either side of the river or stream for a distance of one-quarter mile from the mean high water line of the river or stream;

(6) Sections of any river or stream where limited development exists but is compatible with the wise use of the resources;

(7) Sections of any river or stream where encroachment is imminent and would lead to degradation of the river or stream, to some form of pollution, or adversely affect the intent of this subtitle; or

(8) Sections of any river or stream that are important as food production areas, areas supporting migratory waterfowl, and spawning areas for shellfish.
Md. Code, Criminal Procedure § 8-301 — MD Code / Article gcp / Title 8 / Subtitle 3 / Section 8-301
§8–301.
Status: in_force

(a) A person charged by indictment or criminal information with a crime triable in circuit court and convicted of that crime may, at any time, file a petition for writ of actual innocence in the circuit court for the county in which the conviction was imposed if the person claims that there is newly discovered evidence that:

(1) (i) if the conviction resulted from a trial, creates a substantial or significant possibility that the result may have been different, as that standard has been judicially determined; or

(ii) if the conviction resulted from a guilty plea, an Alford plea, or a plea of nolo contendere, establishes by clear and convincing evidence the petitioner’s actual innocence of the offense or offenses that are the subject of the petitioner’s motion; and

(2) could not have been discovered in time to move for a new trial under Maryland Rule 4–331.

(b) A petition filed under this section shall:

(1) be in writing;

(2) state in detail the grounds on which the petition is based;

(3) describe the newly discovered evidence;

(4) contain or be accompanied by a request for hearing if a hearing is sought; and

(5) distinguish the newly discovered evidence claimed in the petition from any claims made in prior petitions.

(c) (1) A petitioner shall notify the State in writing of the filing of a petition under this section.

(2) The State may file a response to the petition within 90 days after receipt of the notice required under this subsection or within the period of time that the court orders.

(d) (1) Before a hearing is held on a petition filed under this section, the victim or victim’s representative shall be notified of the hearing as provided under § 11–104 or § 11–503 of this article.

(2) A victim or victim’s representative has the right to attend a hearing on a petition filed under this section as provided under § 11–102 of this article.

(e) (1) Except as provided in paragraph (2) of this subsection, the court shall hold a hearing on a petition filed under this section if the petition satisfies the requirements of subsection (b) of this section and a hearing was requested.

(2) The court may dismiss a petition without a hearing if the court finds that the petition fails to assert grounds on which relief may be granted.

(f) (1) If the conviction resulted from a trial, in ruling on a petition filed under this section, the court may set aside the verdict, resentence, grant a new trial, or correct the sentence, as the court considers appropriate.

(2) (i) If the conviction resulted from a guilty plea, an Alford plea, or a plea of nolo contendere, when assessing the impact of the newly discovered evidence on the strength of the State’s case against the petitioner at the time of the plea, the court may consider admissible evidence submitted by either party, in addition to the evidence presented as part of the factual support of the plea, that was contained in law enforcement files in existence at the time the plea was entered.

(ii) If the court determines that, when considered with admissible evidence, in addition to the evidence presented as part of the factual support of the plea, that was contained in law enforcement files in existence at the time the plea was entered, the newly discovered evidence establishes by clear and convincing evidence the petitioner’s actual innocence of the offense or offenses that are the subject of the petitioner’s motion, the court may:

1. allow the petitioner to withdraw the guilty plea, Alford plea, or plea of nolo contendere; and

2. set aside the conviction, resentence, schedule the matter for trial, or correct the sentence, as the court considers appropriate.

(iii) When determining the appropriate remedy, the court may allow both parties to present any admissible evidence that came into existence after the plea was entered and is relevant to the petitioner’s claim of actual innocence.

(3) The court shall state the reasons for its ruling on the record.

(g) A petitioner in a proceeding under this section has the burden of proof.

(h) If the petitioner was convicted as a result of a guilty plea, an Alford plea, or a plea of nolo contendere, an appeal may be taken either by the State or the petitioner from an order entered under this section.

(i) On written request by the petitioner, the State’s Attorney may certify that a conviction was in error, if:

(1) the court grants a petition for relief under this section;

(2) in ruling on a petition under this section, the court:

(i) sets aside the verdict or conviction; or

(ii) schedules the matter for trial or grants a new trial; and

(3) the State’s Attorney declines to prosecute the petitioner because the State’s Attorney determines that the petitioner is innocent.
Md. Code, Courts and Judicial Proceedings § 8-502 — MD Code / Article gcj / Title 8 / Subtitle 5 / Section 8-502
§8–502.
Status: in_force

(a) An employer may not require an employee to use the employee’s annual, sick, or vacation leave to respond to a summons under this title for jury service.

(b) A person who violates any provision of this section is subject to a fine not exceeding $1,000.
Md. Code, Business Regulation § 8-410 — MD Code / Article gbr / Title 8 / Subtitle 4 / Section 8-410
§8–410.
Status: in_force

(a) (1) After the Commission pays a claim from the Fund:

(i) the Commission is subrogated to all rights of the claimant in the claim up to the amount paid;

(ii) the claimant shall assign to the Commission all rights of the claimant in the claim up to the amount paid; and

(iii) the Commission has a right to reimbursement of the Fund by the contractor who the Commission finds responsible for the act or omission giving rise to the claim for:

1. the amount paid from the Fund; and

2. interest on that amount at an annual rate of at least 10%, as set by the Commission.

(2) All money that the Commission recovers on a claim shall be deposited in the Fund.

(b) If, within 60 days after the Commission gives notice, a contractor on whose account a claim was paid does not reimburse the Fund in full, the Commission may sue the contractor in a court of competent jurisdiction for the unreimbursed amount.

(c) The Commission is entitled to a judgment for the unreimbursed amount if the Commission proves that:

(1) a claim was paid from the Fund on account of the contractor;

(2) the contractor has not reimbursed the Fund in full;

(3) the contractor was given notice and an opportunity to participate in a hearing on the claim before the Commission; and

(4) (i) the Commission directed payment based on a final judgment of a court of competent jurisdiction or a final award in arbitration; or

(ii) the decision or order of the Commission is final in accordance with Title 10, Subtitle 2 of the State Government Article and there is no pending appeal.

(d) The Commission may refer to the Central Collection Unit for collection under §§ 13–912 through 13–919 of the Tax – General Article a debt owed to the Commission by a contractor on whose account a claim was paid from the Fund and who is at least 1 year behind in reimbursement payments to the Fund.

(e) For the purpose of excepting to a discharge of a contractor under federal bankruptcy law, the Commission is a creditor of the contractor for the amount paid from the Fund.

(f) (1) (i) If a person liable for reimbursing the Guaranty Fund under this section receives a demand for reimbursement and fails to reimburse the Fund, the reimbursement amount and any accrued interest or cost are a lien in favor of the State on any real property of the person if the lien is recorded and indexed as provided in this subsection.

(ii) Interest shall continue at the rate of interest on a judgment as provided in § 11–107(a) of the Courts Article until the full amount due the Fund is paid.

(2) The lien in favor of the State created by this subsection may not attach to specific property until the State Central Collection Unit records written notice of the lien in the office of the clerk of the court for the county in which the property subject to the lien or any part of the property is located.

(3) The lien in favor of the State created by this subsection does not have priority as to any specific property over any person who is a lienholder of record at the time the notice required under paragraph (2) of this subsection is recorded.

(4) The notice required under paragraph (2) of this subsection shall contain:

(i) the name and address of the person against whose property the lien exists;

(ii) the amount of the lien;

(iii) a description of or reference to the property subject to the lien; and

(iv) the date the Guaranty Fund paid the claim giving rise to the lien.

(5) Upon presentation of a release of any lien in favor of the State created by this subsection, the clerk of the court in which the lien is recorded and indexed shall record and index the release and shall note in the lien docket the date the release is filed and the fact that the lien is released.

(6) The notice required under paragraph (2) of this subsection and any release filed under paragraph (5) of this subsection shall be indexed with the judgment lien records maintained by the office of the clerk of the court where the notice is recorded.

(7) The clerk may collect a reasonable fee for recording and indexing each notice of lien or release of any lien under this subsection.
Md. Code, Criminal Procedure § 8-107 — MD Code / Article gcp / Title 8 / Subtitle 1 / Section 8-107
§8–107.
Status: in_force

(a) Except as provided in subsection (c) of this section, a majority of the members of the review panel is necessary to make a decision.

(b) The review panel shall make the decision within 30 days after the filing date of the application for review.

(c) A review panel may not order a decrease in a mandatory minimum sentence unless the decision of the review panel is unanimous.

(d) A review panel shall consider time served on the sentence under review to be time served on any sentence that is substituted.
Md. Code, Agriculture § 8-806 — MD Code / Article gag / Title 8 / Subtitle 8 / Section 8-806
§8–806.
Status: in_force

(a) Except for a government agency, the Department shall charge the following fees under this subtitle:

(1) Certificate (nutrient management consultant) $50;

(2) License (individual or sole proprietorship) $50;

(3) License (corporation or partnership) $100;

(4) Renewal $150; and

(5) Certificate (farm operator’s plan development) $20.

(b) The Department shall charge an applicant for the full cost of any training provided by the Department under this subtitle.

(c) All money collected under this subtitle shall be deposited in the General Fund of the State.
Md. Code, General Provisions § 8-108 — MD Code / Article ggp / Title 8 / Subtitle 1 / Section 8-108
§8–108.
Status: in_force

(a) A civil action filed under this title may not be filed after the later of:

(1) 6 years after the date on which the underlying violation of § 8–102 of this title occurred; or

(2) 3 years after the date when facts material to the right of action are known or reasonably should have been known by the person initiating the action or the official of the governmental entity charged with responsibility for acting under the circumstances, but in no event more than 10 years after the date on which the underlying violation of § 8–102 of this title occurred.

(b) If the governmental entity elects to intervene and proceed with an action brought under this title, the governmental entity, through the Office of the Attorney General or the attorney for the local governmental entity, may:

(1) file its own complaint; or

(2) amend the complaint of the person that brought the action to clarify, add detail to the complaint, or add additional claims to the complaint.

(c) To the extent that the claim of the governmental entity arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth by a person, a pleading by the governmental entity relates back to the filing date of the complaint of the person that originally brought the action.

(d) In an action filed under this title, all essential elements of the cause of action, including damages, shall be proven by a preponderance of the evidence.

(e) Notwithstanding any other provision of law or rule of procedure or evidence in the Maryland Rules, a final judgment rendered in favor of the governmental entity in any criminal proceeding charging fraud or false statements, whether on a verdict after trial or on a plea of guilty or nolo contendere, shall stop the defendant from denying the essential elements of the offense in any action filed under this title that involves the same act, transaction, or occurrence as in the criminal proceeding.
Md. Code, Business Occupations and Professions § 8-310 — MD Code / Article gbo / Title 8 / Subtitle 3 / Section 8-310
§8–310.
Status: in_force

(a) (1) Subject to the hearing provisions of § 8-312 of this subtitle, the Board may deny a certificate to any applicant, reprimand any certificate holder, or suspend or revoke a certificate if the applicant or certificate holder:

(i) fraudulently or deceptively obtains or renews or attempts to obtain or renew a certificate for the applicant or certificate holder or for another;

(ii) fraudulently or deceptively uses the title “certified interior designer” or the term “certified interior design services”;

(iii) under the laws of the United States or of any state, is convicted of:

1. a felony; or

2. a misdemeanor that is directly related to the fitness and qualification of the applicant or certificate holder to perform certified interior design services;

(iv) is guilty of any fraud, gross negligence, incompetence, or misconduct in the use of the title “certified interior designer” or the term “certified interior design services”;

(v) signs or seals any interior design documents after a certificate holder’s certificate expires or has been suspended or revoked by the Board;

(vi) violates any regulation that the Board adopts; or

(vii) violates any provision of this title.

(2) (i) Instead of or in addition to reprimanding a certificate holder or suspending or revoking a certificate under this subsection, the Board may impose a penalty not exceeding $5,000 for each violation.

(ii) To determine the amount of the penalty imposed under this subsection, the Board shall consider:

1. the seriousness of the violation;

2. the harm caused by the violation;

3. the good faith of the certificate holder; and

4. any history of previous violations by the certificate holder.

(3) The Board shall pay any penalty collected under this subsection into the General Fund of the State.

(b) The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a certificate or the reprimand of a certificate holder when an applicant or certificate holder is convicted of a felony or misdemeanor described in subsection (a)(1)(iii) of this section:

(1) the nature of the crime;

(2) the relationship of the crime to the activities authorized by the certificate;

(3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to perform interior design services;

(4) the length of time since the conviction; and

(5) the behavior and activities of the applicant or certificate holder before and after the conviction.
Md. Code, Transportation § 8-616 — MD Code / Article gtr / Title 8 / Subtitle 6 / Section 8-616
§8–616.
Status: in_force

Within 90 days after the end of each fiscal year or as soon as practicable after that, the Secretary shall file a complete report with the Governor showing the status, as of the end of that fiscal year, of the State highway construction program. The report shall be in the form that the Governor requires and be open to public inspection.
Md. Code, Transportation § 8-739 — MD Code / Article gtr / Title 8 / Subtitle 7 / Section 8-739
§8–739.
Status: in_force

In this part, “expressway” includes an interstate highway.
Md. Code, Health - General § 8-508 — MD Code / Article ghg / Title 8 / Subtitle 5 / Section 8-508
§8–508.
Status: in_force

(a) An individual may ask voluntarily for admission to an outpatient treatment program, whether or not the individual has been admitted to the program before.

(b) After an individual asks for admission to an outpatient treatment program, the administrative head of the program shall determine whether the individual is to be admitted. However, the administrative head may not deny readmission of an individual solely because the individual previously left the program against the advice of the administrative head.

(c) An outpatient treatment program shall use public and private community efforts, including welfare services, vocational rehabilitation, and job replacement, to integrate a chronic alcoholic into society as a productive citizen.

(d) (1) A chronic alcoholic may not be dropped from an outpatient treatment program solely because of a relapse into intoxication.

(2) Every reasonable method of treatment shall be used to prevent a relapse.

(3) If recovery of the chronic alcoholic is unlikely, the outpatient treatment program shall provide supportive services and residential facilities so that the individual may survive in a decent manner.
Md. Code, Transportation § 8-755 — MD Code / Article gtr / Title 8 / Subtitle 7 / Section 8-755
§8–755.
Status: in_force

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

(2) “Department” means the Department of Commerce.

(3) “Program” means the Tourist Area and Corridor Signage Program.

(b) There is a Tourist Area and Corridor Signage Program.

(c) The purpose of the Program is to create a system of supplemental guide signs to direct motorists to eligible individual attractions by directing the motorists first to groups of attractions.

(d) The Administration, in collaboration with the Department, shall administer the Program.

(e) (1) (i) The Administration and the Department shall develop standards and procedures for determining the eligibility of an attraction for a sign.

(ii) If the Department provides an initial approval of an attraction’s application based on the criteria established under subparagraph (i) of this paragraph, the Department, in coordination with the requesting attraction, shall prepare a signage plan and submit the signage plan to the Administration for review.

(2) (i) The Administration shall review the signage plan for compliance with federal, State, and local laws and regulations and right–of–way laws and regulations.

(ii) In reviewing a signage plan, the Administration may consult with other State agencies and offices.

(iii) 1. As part of the review required under subparagraph (i) of this paragraph, the Administration shall investigate whether there is space available at the proposed site along the State highway for a sign for the attraction.

2. Approval of a signage plan is subject to space availability based on the Administration’s regulations and requirements.

(3) (i) 1. If the Administration approves a signage plan and issues a required permit to the attraction, the attraction shall design, fabricate, and install the signs in the signage plan using standards and specifications approved by the Administration.

2. The attraction shall bear all costs for the design, fabrication, and installation of the signs in the signage plan.

(ii) An attraction that applies for a sign shall pay an amount the Administration considers appropriate for the review of each sign included in the signage plan and the issuance of all required permits.

(f) (1) The Administration may charge an attraction a reasonable annual administrative fee to administer and manage the Program for the duration that each sign in the signage plan is installed.

(2) (i) An attraction’s sign may be removed by the Administration if the attraction fails to pay the annual administrative fee.

(ii) The attraction shall be responsible for maintaining, removing, and replacing signs at the direction of the Administration if an existing approved sign is determined to be noncompliant with Program requirements for reasons including damage, fading, or safety concerns.

(iii) The Administration may remove any attraction sign that does not comply with the requirements of the Program.

(iv) An attraction whose sign is removed under subparagraph (iii) of this paragraph shall resubmit new or replacement signage for review and approval.

(g) (1) The Administration may amend the Program if the Administration determines that the Program may result in a sanction by the Federal Highway Administration, including a decrease in federal funds provided to the State for highway use.

(2) The Administration shall notify the following legislative committees at least 30 days before amending the Program to avoid a sanction:

(i) The Senate Finance Committee;

(ii) The Senate Budget and Taxation Committee;

(iii) The House Environment and Transportation Committee; and

(iv) The House Appropriations Committee.

(h) (1) To be eligible for signage, an attraction may not, based on a determination by the Administration and the Department, already be well–signed on a Tourist Area Corridor.

(2) An attraction may not bring reputational harm to the State.

(i) (1) Except as provided in paragraph (2) of this subsection, a sign developed under the Program may include only the following elements:

(i) The name of the attraction;

(ii) A directional arrow to guide individuals to the attraction; and

(iii) The approximate mileage to the attraction from the location of the sign.

(2) A sign may include a generic symbol used to represent a category of attractions identified by the Department if, on the request of the Department, the Administration determines that there is a generic symbol approved for use in the Manual on Uniform Traffic Control Devices.
Md. Code, Education § 8-3A-01 — MD Code / Article ged / Title 8 / Subtitle 3A / Section 8-3A-01
§8–3A–01.
Status: in_force

In this subtitle, “deaf child” means a child at least 6 years old and under the age of 19 years who has a hearing impairment, and because of that impairment cannot progress satisfactorily in an ordinary public or private school.
Md. Code, State Personnel and Pensions § 8-402 — MD Code / Article gsp / Title 8 / Subtitle 4 / Section 8-402
§8–402.
Status: in_force

Money paid in violation of this section or in violation of any regulation adopted under § 8-401 of this subtitle may be recovered from the officer who pays or authorizes payment of the money or from the sureties of that officer's official bond.
Md. Code, Labor and Employment § 8-1006 — MD Code / Article gle / Title 8 / Subtitle 10 / Section 8-1006
§8–1006.
Status: in_force

(a) Except as provided in subsection (b) of this section, an individual who otherwise is eligible to receive benefits is disqualified from receiving benefits for any week in which the Secretary finds that the individual receives or applies for benefits under federal law or the unemployment insurance law of another state.

(b) An individual is not disqualified under this section if the appropriate federal unit or unit of another state makes a final determination that the individual is not entitled to benefits under its law.
Md. Code, Tax - Property § 8-108 — MD Code / Article gtp / Title 8 / Subtitle 1 / Section 8-108
§8–108.
Status: in_force

(a) The Department shall annually value the operating unit of a railroad on the basis of the value of the operating property of the railroad, by considering:

(1) the earning capacity of the operating unit; and

(2) all other factors relevant to a determination of the value of the operating unit.

(b) The Department shall allocate to this State the value of that part of the operating unit that is reasonably attributable to the part located in this State.

(c) (1) The value allocated to this State shall be divided into an operating real property value and an operating personal property value, as determined by the Department.

(2) The assessment of operating real property is the value of operating real property less the assessment of operating real property, if any, that is exempt by law from property tax.

(3) The assessment of operating personal property is the value of operating personal property, less the assessment of operating personal property, if any, that is exempt by law from property tax.

(4) Operating land of a railroad is valued and assessed by the Department as part of the operating unit and is not valued and assessed by the supervisor.

(5) Returns, notices, and appeals of operating property assessments shall be administered pursuant to the sections of this article governing personal property assessment.

(d) (1) If operating property is located permanently in more than 1 county or municipal corporation, the Department shall apportion the assessment of that operating property among the counties and municipal corporations where the operating property is located.

(2) If operating property is not located permanently in a county or a municipal corporation, the Department shall apportion the assessment of that operating property among the counties and municipal corporations on the basis of the ratio of the all track mileage, excluding trackage rights, of the railroad operated in each county and any municipal corporation, to the total of all track mileage, excluding trackage rights, operated in this State.

(e) The Department may adopt regulations to carry out the provisions of this section.
Md. Code, Health Occupations § 8-801 — MD Code / Article gho / Title 8 / Subtitle 8 / Section 8-801
§8–801.
Status: in_force

This title may be cited as the “Maryland Nurse Practice Act”.
Md. Code, Labor and Employment § 8-201.1 — MD Code / Article gle / Title 8 / Subtitle 2 / Section 8-201.1
§8–201.
Status: in_force

§8–201.1.

(a) An employer may not fail to properly classify an individual as an employee.

(b) (1) If the Secretary determines that an employing unit has failed to properly classify an individual as an employee, any and all contribution or reimbursement payments resulting from the failure to properly classify that are due and unpaid shall accrue interest as provided in paragraph (2) of this subsection.

(2) An employer who fails to pay the contribution or reimbursement payments within 45 days shall be assessed interest at the rate of 2% per month or part of a month from the first due date following notice of the misclassification until the Secretary receives the contribution or payment in lieu of contributions and interest.

(c) The Secretary shall consider, as strong evidence that an employer did not knowingly fail to properly classify an individual, whether the employer:

(1) (i) classifies all workers who perform the same or substantially the same tasks for the employer as independent contractors; and

(ii) reports the income of the workers to the Internal Revenue Service as required by federal law; and

(2) has received a determination from the Internal Revenue Service that the individual or a worker who performs the same or substantially the same tasks for the employer is an independent contractor.

(d) If the Secretary determines that an employing unit has knowingly failed to properly classify an individual as an employee, the employing unit shall be subject to a civil penalty of not more than $5,000 per employee.

(e) (1) A person may not knowingly advise an employing unit or a prospective employing unit to take action for the purposes of violating this section.

(2) A person found in violation of this subsection shall be subject to a civil penalty of not more than $20,000.

(f) An employing unit found to have knowingly violated this section who has also been found previously to have knowingly violated this section by a final order of a court or administrative unit may be assessed double the administrative penalties set forth in subsection (c) of this section for the new violation.

(g) (1) An employing unit may be assessed civil penalties by only one order of a court or administrative unit for the same actions constituting a knowing failure to properly classify an individual as an employee.

(2) Notwithstanding paragraph (1) of this subsection, an employing unit may be ordered to make restitution, pay any interest due, and otherwise comply with all applicable laws and regulations by orders of a court, the Secretary, and all other relevant administrative units, including the Comptroller, the Workers’ Compensation Commission, the Insurance Administration, and the Division of Labor and Industry.

(h) If the Secretary determines that an employing unit has failed to properly classify an individual as an employee, the Secretary shall promptly notify the Workers’ Compensation Commission, the Division of Labor and Industry, the Insurance Administration, and the Comptroller.

(i) As authorized by State and federal law, units within the Department of Labor, Licensing, and Regulation and the Department of Budget and Management, the Secretary of State, the Comptroller, the Insurance Administration, and other State agencies shall cooperate and share information concerning any suspected violation of this title.

(j) (1) The Secretary shall adopt regulations to carry out this section.

(2) The regulations shall:

(i) require that the Secretary provide an employer with the factual basis for any violations charged;

(ii) establish procedures regarding the audit process and any agency level review available before appeal; and

(iii) provide guidance as to what constitutes the evidence relevant to the determination of whether an employer knowingly failed to properly classify an individual as an employee.
Md. Code, Criminal Law § 8-904 — MD Code / Article gcr / Title 8 / Subtitle 9 / Section 8-904
§8–904.
Status: in_force

(a) A person knowingly may not enter or race a horse in a running or harness race under a name or designation other than that registered with the Jockey Club or the United States Trotting Association.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
Md. Code, Estates and Trusts § 8-106 — MD Code / Article get / Title 8 / Subtitle 1 / Section 8-106
§8–106.
Status: in_force

(a) In this section, “funeral expenses” includes the costs of a funeral, a burial, a cremation, a disposition of the decedent’s remains, a memorial, a memorial service, food and beverages related to bringing together the decedent’s family and friends for a wake or prefuneral or postfuneral gathering or meal, and any other reasonable expenses authorized by the decedent’s will.

(b) Subject to the priorities contained in § 8–105 of this subtitle, the personal representative shall pay the funeral expenses of the decedent within six months of the first appointment of a personal representative.

(c) (1) Funeral expenses shall be allowed in the discretion of the court according to the condition and circumstances of the decedent.

(2) In no event may the allowance exceed $15,000 unless the estate of the decedent is solvent and a special order of court has been obtained.

(3) An allowance by the court is not required if the estate is solvent and:

(i) The will expressly empowers the personal representative to pay the expenses without an order of court; or

(ii) The estate is under modified administration and the personal representative includes the expenses on the final report required under § 5–707 of this article.

(d) (1) If the funeral expenses are not paid within 6 months, the creditor may petition the court to require the personal representative to show cause why the personal representative should not be compelled to make the payment.

(2) If the court finds that the claim is valid, it shall fix the amount due and shall order the personal representative to make payment within 10 days after the order is served on the personal representative.

(3) If the personal representative does not have sufficient funds, the claimant may at a later date resubmit the personal representative’s petition when the personal representative has sufficient funds.
Md. Code, Labor and Employment § 8-606 — MD Code / Article gle / Title 8 / Subtitle 6 / Section 8-606
§8–606.
Status: in_force

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

(b) “Annual payroll” means the total wages for covered employment that an employing unit pays to all employees in a calendar year on which the employing unit is required to pay contributions.

(c) “Base period wages” means wages paid to an individual during the base period, as defined in § 8–101 of this title, of the individual for covered employment.

(d) “Computation date” means the July 1 immediately preceding the calendar year for which a rate of contribution is assigned.

(e) “Rating year” means the 12–month period beginning July 1 and ending June 30 immediately preceding the computation date.
Md. Code, Health Occupations § 8-6D-12 — MD Code / Article gho / Title 8 / Subtitle 6D / Section 8-6D-12
§8–6D–12.
Status: in_force

(a) Except as provided in subsection (b) of this section, the following applies:

(1) If a licensed certified midwife knows of an action or condition that might be grounds for action under § 8–316, § 8–6A–10, or § 8–6C–20 of this title or § 8–6D–10 of this subtitle, the licensed certified midwife shall report the action or condition to the Board; and

(2) An individual shall have the immunity from liability described under § 5–709 of the Courts Article for making a report required under item (1) of this subsection.

(b) If a licensed certified midwife has reason to know that a licensee or certificate holder has committed an action or has a condition that might be grounds for reprimand or probation of the licensee or certificate holder or suspension or revocation of the license or certificate under § 8–316, § 8–6A–10, or § 8–6C–20 of this title or § 8–6D–10 of this subtitle because the licensee or certificate holder has a substance use disorder, the licensed certified midwife is not required to report the licensee or certificate holder to the Board if:

(1) The licensed certified midwife knows that the licensee or certificate holder is in an alcohol or drug treatment program that is accredited by the Joint Commission, is certified by the Department, or is under the care of a health care practitioner who is competent and capable of dealing with substance use disorder;

(2) The licensed certified midwife is able to verify that the licensee or certificate holder remains in the treatment program until discharge; and

(3) The action or condition of the licensee or certificate holder has not caused injury to any individual while the licensee or certificate holder is practicing.

(c) An individual is not required under this section to make any report that would be in violation of any federal or State law, rule, or regulation concerning the confidentiality of patient substance use disorder records.
Md. Code, Business Regulation § 8-216 — MD Code / Article gbr / Title 8 / Subtitle 2 / Section 8-216
§8–216.
Status: in_force

The Commission shall develop a searchable Web site that includes a listing of licensed contractors and information relating to any final disciplinary action taken by the Commission against a licensee in each licensee’s profile.
Md. Code, Courts and Judicial Proceedings § 8-403 — MD Code / Article gcj / Title 8 / Subtitle 4 / Section 8-403
§8–403.
Status: in_force

An individual may not be required to serve simultaneously:

(1) On more than 1 grand jury; or

(2) As both a grand and trial juror.
Md. Code, Insurance § 8-207 — MD Code / Article gin / Title 8 / Subtitle 2 / Section 8-207
§8–207.
Status: in_force

(a) By regulation, the Commissioner may require a managing general agent to maintain a bond or other security in an amount set by the Commissioner to protect the insurer and policyholders or to maintain an errors and omissions policy issued by an authorized insurer, or both.

(b) A managing general agent is subject to examination under §§ 2-205 through 2-209 of this article.
Md. Code, Natural Resources § 8-734 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-734
§8–734.
Status: in_force

A secured party named in a certificate of title, on written request of the owner, shall disclose any pertinent information as to the security agreement and the indebtedness secured by the security agreement in accordance with § 9-208 of the Commercial Law Article.
Md. Code, Real Property § 8-331 — MD Code / Article grp / Title 8 / Subtitle 3 / Section 8-331
§8–331.
Status: in_force

If the court finds that any notice required under this subtitle to be sent by mail actually has not been received by the person to whom the notice was addressed and that injustice will result, the court shall order a stay of further proceedings until it is satisfied that the person has had an opportunity to protect the person’s interests.
Md. Code, Family Law § 8-202 — MD Code / Article gfl / Title 8 / Subtitle 2 / Section 8-202
§8–202.
Status: in_force

(a) (1) When the court grants an annulment or a limited or absolute divorce, the court may resolve any dispute between the parties with respect to the ownership of personal property.

(2) When the court grants an annulment or an absolute divorce, the court may resolve any dispute between the parties with respect to the ownership of real property.

(3) Except as provided in § 8–205 of this subtitle, the court may not transfer the ownership of personal or real property from one party to the other.

(b) When the court determines the ownership of personal or real property, the court may:

(1) grant a decree that states what the ownership interest of each party is; and

(2) as to any property owned by both of the parties, order a partition or a sale instead of partition and a division of the proceeds.
Md. Code, Real Property § 8-710 — MD Code / Article grp / Title 8 / Subtitle 7 / Section 8-710
§8–710.
Status: in_force

The Department shall adopt regulations to carry out this subtitle.
Md. Code, Insurance § 8-321 — MD Code / Article gin / Title 8 / Subtitle 3 / Section 8-321
§8–321.
Status: in_force

(a) With respect to a plan or activities on behalf of a life insurer, an administrator who breaches a responsibility imposed on the administrator by this subtitle:

(1) is personally liable for the restitution of money, property, or other assets to a person aggrieved by the violation and for the restoration to the plan of any profits realized by the administrator that have been made through use of assets of the plan by the administrator; and

(2) is subject to any other equitable or remedial relief that a court considers appropriate, including removal of the administrator.

(b) In addition to any liability that an administrator may have under subsection (a) of this section, the administrator is liable for a breach of responsibility under this subtitle by another administrator with respect to the same plan if the administrator:

(1) knowingly participates in or knowingly attempts to conceal an act or omission of the other administrator involved in the administration of the same plan, knowing that the act or omission of the other administrator would be a violation of this subtitle;

(2) by the administrator’s failure to comply with § 8–310 of this subtitle, has enabled the other administrator to violate this subtitle; or

(3) knows of a violation of this subtitle by the other administrator, unless the administrator makes reasonable efforts under the circumstances to remedy the violation.

(c) (1) An administrator is not liable under this subtitle, by reason of a breach of responsibility, for a loss to a participant’s or beneficiary’s account if:

(i) the plan provides for individual accounts and allows a participant or beneficiary to exercise investment control over assets in the participant’s or beneficiary’s account;

(ii) the participant or beneficiary exercises that control; and

(iii) the loss or breach results from the participant’s or beneficiary’s exercise of that investment control.

(2) An administrator is not liable for a violation of this subtitle if the violation was committed before the administrator became an administrator or after the administrator ceased to be an administrator.
Md. Code, Education § 8-702 — MD Code / Article ged / Title 8 / Subtitle 7 / Section 8-702
§8–702.
Status: in_force

A residential boarding education program for at-risk youth shall be operated under the supervision of the Department.
Md. Code, Health Occupations § 8-707 — MD Code / Article gho / Title 8 / Subtitle 7 / Section 8-707
§8–707.
Status: in_force

(a) Subject to the hearing provisions of § 8–317 of this title and in addition to any other sanction authorized for a violation of §§ 8–701 through 8–706 of this subtitle, the Board may issue a public cease and desist order, impose a civil fine of not more than $20,000 per offense, or both.

(b) For the purposes of this section, each violation is a separate offense if the violation occurs:

(1) At a different time, date, or location; or

(2) On the same date and location at a different time.
Md. Code, Transportation § 8-727 — MD Code / Article gtr / Title 8 / Subtitle 7 / Section 8-727
§8–727.
Status: in_force

(a) Except as otherwise provided in this section, this part regulates the erection and maintenance of an outdoor sign along or near a federal-aid primary highway, only if:

(1) The sign is wholly or partly visible from the main traveled way of the highway; and

(2) The sign is:

(i) 660 feet or less from the nearest edge of the right-of-way of the highway; or

(ii) More than 660 feet from the nearest edge of the right-of-way of the highway, and intended to be read from the main traveled way of the highway.

(b) Except as provided in §§ 8-734 and 8-735 of this subtitle as to the removal of nonconforming signs, this part does not apply to:

(1) An outdoor sign that is 660 feet or less from the nearest edge of a federal-aid primary highway, if the sign was erected on or before July 1, 1968; or

(2) An outdoor sign that is more than 660 feet from the nearest edge of a federal-aid primary highway, if the sign was erected on or before July 1, 1975.

(c) This part does not apply to on premise outdoor signs.
Md. Code, Insurance § 8-432 — MD Code / Article gin / Title 8 / Subtitle 4 / Section 8-432
§8–432.
Status: in_force

(a) (1) Each society authorized to do business in the State shall issue to each member entitled to benefits a certificate that specifies the amount of benefits provided under the certificate.

(2) The certificate, any rider or endorsement attached to the certificate, the laws of the society, the application for membership, any declaration of insurability signed by the applicant, and all amendments to each of these documents constitute the agreement between the society and the member as of the date of issuance of the certificate.

(3) The certificate shall state that the documents listed in paragraph (2) of this subsection constitute the agreement between the society and the member as of the date of issuance of the certificate.

(4) A copy of the application for membership and of any declaration of insurability shall be endorsed on or attached to the certificate.

(b) (1) Each statement purporting to be made by an applicant for insurance is a representation and not a warranty.

(2) A waiver of this subsection is void.

(c) (1) Subject to paragraph (2) of this subsection, an amendment to the laws made after the date of issuance of the certificate:

(i) binds the member and each beneficiary; and

(ii) governs the agreement between the society and the member as though the amendments were made before and were in force on the date that the member applied for membership.

(2) An amendment does not destroy or diminish the benefits that the society contracted to give the member or owner as of the date of issuance of the certificate.

(d) A copy of a document listed in this section, certified by the secretary or equivalent officer of the society, is evidence of the terms and conditions of the document.
Md. Code, Insurance § 8-403 — MD Code / Article gin / Title 8 / Subtitle 4 / Section 8-403
§8–403.
Status: in_force

(a) (1) Except as otherwise provided in this section, societies are:

(i) governed exclusively by this subtitle; and

(ii) exempt from the other insurance laws of the State.

(2) A statute enacted after December 31, 1963, does not apply to societies unless the statute expressly states that it applies to them.

(b) (1) In addition to the provisions of this subtitle, the following provisions of this article apply to societies to the extent not in conflict with the express provisions and reasonable implications of this subtitle:

(i) Title 1 of this article;

(ii) Title 2, Subtitle 1 of this article, including § 2–112 of this article;

(iii) Title 2, Subtitle 2 of this article;

(iv) § 3–117 of this article;

(v) § 3–127 of this article;

(vi) § 4–102(b) of this article;

(vii) § 4–113(a)(7), (8), and (9) of this article;

(viii) § 4–203 of this article;

(ix) § 4–204 of this article;

(x) § 5–103 of this article;

(xi) § 5–201 of this article;

(xii) Title 6, Subtitle 2 of this article;

(xiii) Title 9, Subtitle 2 of this article;

(xiv) § 10–120 of this article;

(xv) Title 15, Subtitle 9 of this article;

(xvi) Title 27 of this article;

(xvii) § 1–301 of this article; and

(xviii) Title 4, Subtitle 3 of this article.

(2) In addition to the provisions of this subtitle, societies are subject to the provisions of Title 13, Subtitle 5 of the Estates and Trusts Article.
Md. Code, Business Regulation § 8-602 — MD Code / Article gbr / Title 8 / Subtitle 6 / Section 8-602
§8–602.
Status: in_force

(a) A person may not accept a completion certificate or other proof that performance of a home improvement contract is complete or satisfactorily concluded with knowledge that the document or proof is false and the performance is incomplete.

(b) If a person knows or has good reason to know that a completion certificate or other proof is false, the person may not utter, offer, or use the document or proof to:

(1) make or accept an assignment or negotiation of the right to receive payment from an owner under a home improvement contract; or

(2) get or grant credit or a loan on the security of the right to receive payment under a home improvement contract.

(c) A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 3 years or both.
Md. Code, State Finance and Procurement § 8-134 — MD Code / Article gsf / Title 8 / Subtitle 1 / Section 8-134
§8–134.
Status: in_force

(a) (1) Subject to the provisions of subsection (b) of this section, on or before May 1 of each year, the Board shall certify to the governing body of each county the rates of State tax on assessable property needed to meet the debt service requirements during the next taxable year on all the State bonds that the Board anticipates will be outstanding during that year.

(2) Each governing body immediately shall collect the tax at the rates the Board certifies under this section.

(b) If, on or before May 1 of any year, the Comptroller certifies to the Board that the General Assembly has appropriated enough money to meet the debt service requirements during the next taxable year on an issue of State bonds:

(1) the Board, by resolution, may determine that the tax otherwise required by the enabling act under which those State bonds are issued need not be imposed for that year; and

(2) the Governor, by proclamation issued under the resolution, shall declare that the taxes otherwise required by the enabling act may not be collected during that year.
Md. Code, Health Occupations § 8-6B-18 — MD Code / Article gho / Title 8 / Subtitle 6B / Section 8-6B-18
§8–6B–18.
Status: reserved

(a) Subject to the hearing provisions of § 8–317 of this title and § 8–6B–19 of this subtitle, the Board may deny a license to an applicant, grant a license, including a license subject to a reprimand, probation, or suspension, to an applicant, reprimand a licensee, place a licensee on probation, or suspend or revoke a license if the applicant or licensee:

(1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;

(2) Fraudulently or deceptively uses a license;

(3) As part of the practice of electrology, knowingly does an act that exceeds the scope of the practice of electrology;

(4) Is grossly negligent in practicing or teaching an electrology education program;

(5) Acts in a manner inconsistent with generally accepted standards for the practice of electrology;

(6) Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;

(7) Is disciplined by a licensing or disciplinary authority of any state or country, convicted or disciplined by a court of any state or country, or disciplined by any branch of the uniformed services or the U.S. Department of Veterans Affairs for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;

(8) Provides professional services while:

(i) Under the influence of alcohol; or

(ii) Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;

(9) Uses types of instruments or procedures in the practice of electrology that are not approved by the Board;

(10) Advertises in a manner that violates this subtitle;

(11) Uses a title not authorized by § 8–6B–23 of this subtitle;

(12) Is currently adjudicated as being a disabled individual under Title 13 of the Estates and Trusts Article;

(13) Practices electrology with an unauthorized individual or supervises or aids an unauthorized individual in the practice of electrology;

(14) Willfully makes or files a false report or record in the practice of electrology;

(15) Willfully fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;

(16) Submits a false statement to collect a fee;

(17) Violates a provision of this subtitle or a rule or regulation adopted by the Board;

(18) Uses or promotes or causes the use of a misleading, deceiving, or untruthful advertising matter, promotional literature, or testimonial;

(19) Is professionally, physically, or mentally incompetent;

(20) Promotes the sale of devices, appliances, or goods to a patient so as to exploit the patient for financial gain;

(21) Behaves immorally in the practice of electrology;

(22) Commits an act of unprofessional conduct in the practice of electrology;

(23) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive;

(24) Except in an emergency life–threatening situation where it is not feasible or practicable, fails to comply with the Centers for Disease Control and Prevention’s guidelines on universal precautions;

(25) Fails to submit to a criminal history records check in accordance with § 8–303 of this title;

(26) Fails to allow an inspection under § 8–6B–06(10) and (11) of this subtitle;

(27) Fails to cooperate with a lawful investigation conducted by the Board;

(28) Practices electrology without a license before obtaining or renewing a license, including any period when practicing electrology on an expired license or a lapsed license; or

(29) After failing to renew a license, commits any act that would be grounds for disciplinary action under this section.

(b) In addition to any sanction authorized under this section, the Board may require a licensee to comply with specified terms and conditions determined by the Board.
Md. Code, State Finance and Procurement § 8-104 — MD Code / Article gsf / Title 8 / Subtitle 1 / Section 8-104
§8–104.
Status: in_force

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

(b) “Committee” means the Capital Debt Affordability Committee.

(c) (1) “Tax supported debt” means:

(i) State debt; and

(ii) other forms of debt, including State agency capital leases supported in whole or part by State tax revenues and debt of the Department of Transportation, the Maryland Stadium Authority, and other units of State government which, in the opinion of the Committee, are supported directly or indirectly by State tax revenues.

(2) “Tax supported debt” does not include capital leases used to finance energy performance contracts entered into under § 12–301 of this article, if, as determined by the Committee, energy savings that are guaranteed by the contractor:

(i) equal or exceed the capital lease payments on an annual basis; and

(ii) are monitored in accordance with reporting requirements adopted by the Committee.
Md. Code, Insurance § 8-431 — MD Code / Article gin / Title 8 / Subtitle 4 / Section 8-431
§8–431.
Status: in_force

Benefits to be paid by a society are not subject to attachment, garnishment, or other process and may not be seized, appropriated, or applied by any process or operation of law to pay a debt or liability of a member, beneficiary, or other person with a right to the benefit, whether before or after payment.
Md. Code, Labor and Employment § 8-106 — MD Code / Article gle / Title 8 / Subtitle 1 / Section 8-106
§8–106.
Status: in_force

(a) (1) An agreement by an individual to commute, release, or waive a right to benefits under this title is void.

(2) An agreement by an employee to pay all or part of the contributions that an employing unit is required to make under this title is void.

(b) (1) An assignment or pledge of an individual’s right to benefits under this title is void.

(2) A right to benefits under this title is not subject to attachment, execution, levy, or any other remedy provided by law for collection of debts.

(3) After an individual receives benefits, unless they are commingled with other money of the individual, the benefits are exempt from any remedy provided by law for collection of debts.

(4) A waiver of any exemption under this subsection is void.
Md. Code, General Provisions § 8-110 — MD Code / Article ggp / Title 8 / Subtitle 1 / Section 8-110
§8–110.
Status: in_force

(a) Beginning October 1, 2016, the Office of the Attorney General shall report annually to the General Assembly, in accordance with § 2–1257 of the State Government Article, the following information for the previous fiscal year:

(1) the number of civil actions filed under this title;

(2) the number of civil actions under this title in which a judgment was entered, whether by settlement or adjudication; and

(3) the number of claims made by the governmental entity based on alleged violations of § 8–102 of this title that are settled without the filing of a civil action under this title.

(b) Unless the action is under seal in accordance with § 8–104 of this title, for each civil action reported under subsection (a)(1) or (2) of this section, the report shall state:

(1) whether the action was filed by the governmental entity or by a person on behalf of the governmental entity and, if filed by a person, whether the governmental entity intervened and proceeded with the action;

(2) the name of the defendant;

(3) a description of the violation or alleged violation of § 8–102 of this title; and

(4) the amount sought in the action and, if applicable, the amount for which the defendant is liable under a settlement agreement or court order.

(c) For each claim reported under subsection (a)(3) of this section, the report shall state:

(1) a description of the violation or alleged violation of § 8–102 of this title;

(2) the resolution of the claim;

(3) the amount, if any, the person against whom the claim was made agreed to pay in settlement of the claim; and

(4) the amount, if any, collected by the governmental entity.

(d) The attorney for each county and the attorney for each municipal corporation shall submit to the Office of the Attorney General any information the Office determines is necessary to complete the report required under this section.
Md. Code, Transportation § 8-501 — MD Code / Article gtr / Title 8 / Subtitle 5 / Section 8-501
§8–501.
Status: in_force

In this subtitle, “federal acts” means:

(1) The federal-aid highway acts of the United States Congress;

(2) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; and

(3) Any rule or regulation adopted under any of these acts.
Md. Code, Corporations and Associations § 8-706 — MD Code / Article gca / Title 8 / Subtitle 7 / Section 8-706
§8–706.
Status: in_force

(a) The conversion of an other entity to a real estate investment trust shall be completed on the later of:

(1) The formation of the real estate investment trust in accordance with this title; or

(2) The effectiveness of articles of conversion filed for record with the Department.

(b) The conversion of a real estate investment trust to an other entity shall be completed on the effectiveness of articles of conversion filed for record with the Department.

(c) Articles of conversion are effective on the later of:

(1) The time the Department accepts the articles of conversion for record; or

(2) The future effective time of the articles of conversion as set forth in articles of conversion that have been accepted by the Department for record.

(d) (1) (i) Except as provided in subparagraph (ii) of this paragraph, at the time the conversion of an other entity to a real estate investment trust is completed:

1. The other entity shall be converted to a real estate investment trust;

2. The conversion shall have the effects set forth in § 8–704 of this subtitle; and

3. The real estate investment trust shall be subject to all of the provisions of the Maryland REIT Law.

(ii) The existence of the real estate investment trust shall be deemed to have commenced on the date the other entity commenced its existence in the place in which the other entity was first incorporated, created, formed, or otherwise came into being.

(2) At the time the conversion of a real estate investment trust to an other entity is completed, the conversion shall have the effects set forth in § 8–704 of this subtitle.
Md. Code, Courts and Judicial Proceedings § 8-104 — MD Code / Article gcj / Title 8 / Subtitle 1 / Section 8-104
§8–104.
Status: in_force

Each jury for a county shall be selected at random from a fair cross section of the adult citizens of this State who reside in the county.
Md. Code, Labor and Employment § 8-5A-02 — MD Code / Article gle / Title 8 / Subtitle 5A / Section 8-5A-02
§8–5A–02.
Status: in_force

(a) (1) The Board of Appeals consists of a chairman and 2 associate members.

(2) Subject to the approval of the Governor, the Secretary shall appoint the chairman and the 2 associate members of the Board of Appeals.

(b) Before taking office, each appointee to the Board of Appeals shall take the oath required by Article I, § 9 of the Maryland Constitution.

(c) (1) The term of a member is 6 years and begins on June 1.

(2) The terms of members are staggered as required by the terms provided for members of the Board of Appeals on October 1, 1990.

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

(4) A vacancy that occurs during a term shall be filled by the Secretary with the approval of the Governor.

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

(6) If the position of chairman of the Board of Appeals is vacant, the Secretary, subject to the approval of the Governor, may appoint 1 of the associate members to be chairman for the rest of the term of the associate member.
Md. Code, State Finance and Procurement § 8-213 — MD Code / Article gsf / Title 8 / Subtitle 2 / Section 8-213
§8–213.
Status: in_force

(a) A State unit authorized to issue bonds may issue and sell bond anticipation notes if, in the resolution that authorizes the notes, the State unit covenants to:

(1) pay from the proceeds of the bonds in anticipation of the sale of which the notes are issued:

(i) the principal of the notes; and

(ii) to the extent that the interest on the notes is not paid from the proceeds of sale of the notes, the interest on the notes; and

(2) issue the bonds as soon as there is no longer a reason for deferring their issuance.

(b) A State unit may issue and sell grant anticipation notes in anticipation of the receipt of a grant from the United States, the State, or any of their units if, in the resolution that authorizes the notes, the State unit covenants to pay from the proceeds of the grant in anticipation of the receipt of which the notes are issued:

(1) the principal of the notes; and

(2) the interest on the notes.
Md. Code, Human Services § 8-703 — MD Code / Article ghu / Title 8 / Subtitle 7 / Section 8-703
§8–703.
Status: in_force

(a) There is a State Resource Plan for Residential Child Care Programs.

(b) The purpose of the Plan is to enhance access to services provided by residential child care programs.

(c) On or before July 1 of each year, the Department of Human Services shall develop the Plan in consultation with the agencies, providers, counties, child advocates, consumers, and any other State unit, entity, or person that the Department identifies as having relevant information or that is interested in the development of the Plan.

(d) The Plan shall:

(1) provide a framework for the Department and the agencies to procure residential child care program services that meet the needs identified in the Plan;

(2) provide the following information on residential child care programs:

(i) the county where each program is operated;

(ii) the provider for each program;

(iii) the actual capacity and utilization rate for each program;

(iv) the ages of the children in each program;

(v) the county where each child in a program lived at the time the child entered out–of–home placement;

(vi) the services children require and a description of how those services are being provided;

(vii) the agency that placed children in each program; and

(viii) any other information the Department or the agencies, providers, or counties consider relevant;

(3) identify the types of services needed in residential child care programs and the estimated number of children requiring those services in each county;

(4) identify the counties where the services identified in item (3) of this subsection are insufficiently supplied;

(5) establish an incentive fund for residential child care program development in the counties identified in item (4) of this subsection; and

(6) identify the reasons children are placed in residential child care programs outside of the counties where the children lived at the time they entered out–of–home placement in accordance with § 5–525 of the Family Law Article.

(e) On or before January 1 of each year, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Finance Committee and the House Health and Government Operations Committee on the Plan’s findings and recommendations.
Md. Code, State Government § 8-409 — MD Code / Article gsg / Title 8 / Subtitle 4 / Section 8-409
§8–409.
Status: in_force

The term of office of a member of a unit under evaluation or responsible for a governmental activity under evaluation is not affected by reason of reestablishment of the governmental activity or unit unless the law that reestablishes the governmental activity or unit provides otherwise.
Md. Code, State Finance and Procurement § 8-402 — MD Code / Article gsf / Title 8 / Subtitle 4 / Section 8-402
§8–402.
Status: in_force

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

(b) “Capital equipment” means any item of equipment that, by generally accepted accounting principles, is capitalized for purposes of accounting.

(c) (1) “Capital lease” means any lease, conditional sale, installment sale, or similar agreement, defined as a capital lease in accordance with generally accepted accounting principles, that is used to finance:

(i) the acquisition or construction of improvements to real property, under § 3-602 of this article; or

(ii) the acquisition of capital equipment.

(2) “Capital lease” includes a master lease.
Md. Code, Agriculture § 8-308 — MD Code / Article gag / Title 8 / Subtitle 3 / Section 8-308
§8–308.
Status: reserved

(a) Before any land-use rule or regulation is enacted into law the supervisors shall give due notice of their intention to submit the rules and regulations to a referendum among the land occupiers within the boundaries of the district for their approval or disapproval.

(b) The proposed rules and regulations shall be embodied in a proposed ordinance. Copies of the proposed ordinance shall be available for the inspection of all eligible voters during the period between publication of the notice and the date of the referendum. The notices of the referendum shall contain a fair summary of the contents, or state where copies of the proposed ordinance may be examined.

(c) The supervisors shall supervise the referendum, prescribe appropriate rules and regulations governing its conduct, and publish the results. Only land occupiers within the district are eligible to vote in the referendum.

(d) No informality in the conduct of the referendum or in any matter relating to it may invalidate the referendum or its results if notice is given substantially in accordance with the provisions of this title and the referendum is fairly conducted.

(e) The supervisors may not enact the proposed ordinance into law unless at least a majority of the votes cast have been cast for its approval, but the approval of the proposed ordinance by a majority of the votes cast in the referendum does not require the supervisors to enact the proposed ordinance into law.

(f) Land-use rules and regulations prescribed in an ordinance adopted by the supervisors of any district have the force and effect of law in the district and shall be binding and obligatory upon all land occupiers within the district.

(g) Any land occupier within the district may file a petition at any time with the supervisors requesting amendment, supplement, or repeal of any land-use rule or regulation prescribed in any ordinance adopted by the supervisors. Land-use regulations prescribed in any ordinance may not be amended, supplemented, or repealed except in accordance with the procedure prescribed in this section for adoption of land-use regulations. Referenda on adoption, amendment, supplementation, or repeal of land-use rules and regulations may not be held more than once in six months.
Md. Code, Health Occupations § 8-505 — MD Code / Article gho / Title 8 / Subtitle 5 / Section 8-505
§8–505.
Status: in_force

(a) Except as provided in subsection (b) of this section, the following applies:

(1) If a nursing administrator, a registered nurse, an advanced practice registered nurse, a licensed practical nurse, or a certified nursing assistant knows of an action or condition that might be grounds for action under § 8–316 or Subtitle 6A of this title, the nursing administrator, registered nurse, advanced practice registered nurse, licensed practical nurse, or certified nursing assistant shall report the action or condition to the Board; and

(2) An individual shall have the immunity from liability described under § 5–709 of the Courts and Judicial Proceedings Article for making a report as required by this subsection.

(b) If a nurse administrator, a registered nurse, an advanced practice registered nurse, a licensed practical nurse, or a certified nursing assistant has reason to know that a licensee or certificate holder has committed an action or has a condition that might be grounds for reprimand or probation of the licensee or certificate holder or suspension or revocation of the license under § 8–316 or § 8–6A–10 of this title because the licensee or certificate holder has a substance use disorder, the nurse administrator, registered nurse, advanced practice registered nurse, licensed practical nurse, or certified nursing assistant is not required to report the licensee or certificate holder to the Board if:

(1) The nurse administrator, registered nurse, advanced practice registered nurse, licensed practical nurse, or certified nursing assistant knows that the licensee or certificate holder is in an alcohol or drug treatment program that is accredited by the Joint Commission on Accreditation of Healthcare Organizations, is certified by the Department, or is under the care of a health care practitioner who is competent and capable of dealing with substance use disorder;

(2) The nurse administrator, registered nurse, advanced practice registered nurse, licensed practical nurse, or certified nursing assistant is able to verify that the licensee or certificate holder remains in the treatment program until discharge; and

(3) The action or condition of the licensee or certificate holder has not caused injury to any individual while the licensee is practicing registered nursing or licensed practical nursing or the certificate holder is working as an advanced practice registered nurse or a nursing assistant.

(c) An individual is not required under this section to make any report that would be in violation of any federal or State law, rule, or regulation concerning the confidentiality of patient substance use disorder records.
Md. Code, Real Property § 8-1003 — MD Code / Article grp / Title 8 / Subtitle 10 / Section 8-1003
§8–1003.
Status: in_force

(a) There is a Rent Court Workforce Solutions Pilot Program.

(b) The purpose of the Pilot Program is to provide covered individuals with:

(1) Workforce resources; and

(2) Information on:

(i) Workforce development; and

(ii) Registered apprenticeships and other employment opportunities.

(c) A designated organization shall administer the Pilot Program.
Md. Code, Courts and Judicial Proceedings § 8-202 — MD Code / Article gcj / Title 8 / Subtitle 2 / Section 8-202
§8–202.
Status: in_force

The Supreme Court of Maryland may adopt rules to govern the provisions and implementation of jury plans.
Md. Code, Transportation § 8-655 — MD Code / Article gtr / Title 8 / Subtitle 6 / Section 8-655
§8–655.
Status: in_force

(a) The Administration shall post the National Human Trafficking Resource Center Hotline information sign described in § 15–207 of the Business Regulation Article in each restroom at a rest area within the right–of–way of an interstate or State highway.

(b) A sign required under this section shall be posted:

(1) On the inside of each stall door in the restroom; or

(2) On the back of the door at the entrance to the restroom.
Md. Code, Criminal Law § 8-515 — MD Code / Article gcr / Title 8 / Subtitle 5 / Section 8-515
§8–515.
Status: in_force

A person may not knowingly and willfully possess a medical assistance card or a pharmacy assistance card distributed under a State health plan or the Medical Assistance or Pharmacy Assistance Program established by Title 15 of the Health - General Article without the authorization of the person to whom the card is issued.
Md. Code, Health - General § 8-701 — MD Code / Article ghg / Title 8 / Subtitle 7 / Section 8-701
§8–701.
Status: in_force

(a) A person may not knowingly have or attempt to have an individual unlawfully or improperly adjudicated to be a drug or alcohol abuser or to have an alcohol or drug dependence under Subtitle 5 of this title.

(b) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 3 years or both.
Md. Code, Insurance § 8-311 — MD Code / Article gin / Title 8 / Subtitle 3 / Section 8-311
§8–311.
Status: in_force

(a) A person may not act as an administrator without a written agreement between the administrator and the plan sponsor or insurer.

(b) An administrator shall retain the agreement required by this section as an official record of the administrator for the duration of the agreement and for 3 years after termination of the agreement.
Md. Code, Correctional Services § 8-202 — MD Code / Article gcs / Title 8 / Subtitle 2 / Section 8-202
§8–202.
Status: in_force

The General Assembly finds that:

(1) there is a need to improve the administration of the correctional system to better protect the health, safety, and welfare of the public;

(2) the ultimate goal of the correctional system is to make the community safer by reducing the incidence of crime;

(3) establishing a correctional system with significantly increased power to reduce recidivism and prevent recruitment into criminal careers will require a sufficient number of qualified staff to perform the many tasks to be done;

(4) recent studies have revealed that greater training for correctional work is highly desirable;

(5) the need for training can be substantially met by creating educational and training programs for individuals seeking careers as correctional officers;

(6) while serving in a probationary capacity, a correctional officer should be required to receive efficient training provided at facilities that are approved by a commission that is authorized to approve training facilities;

(7) by qualifying and becoming proficient in the field of corrections, correctional officers shall individually and collectively better insure the health, safety, and welfare of the public; and

(8) Department of Juvenile Services employees should have specific and appropriate training for that population.
Md. Code, Health Occupations § 8-6C-24 — MD Code / Article gho / Title 8 / Subtitle 6C / Section 8-6C-24
§8–6C–24.
Status: in_force

(a) This section does not apply to a violation of § 8–6C–10(a) of this subtitle.

(b) A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.
Md. Code, State Finance and Procurement § 8-111 — MD Code / Article gsf / Title 8 / Subtitle 1 / Section 8-111
§8–111.
Status: in_force

(a) The Chairman shall call meetings of the Committee as needed to perform its duties.

(b) The Committee shall invite the Executive Director of the Department of Legislative Services to attend the meetings of the Committee.
Md. Code, Courts and Judicial Proceedings § 8-412 — MD Code / Article gcj / Title 8 / Subtitle 4 / Section 8-412
§8–412.
Status: in_force

(a) When sworn, a grand jury shall consist of 23 grand jurors plus additional alternate grand jurors as provided in the Maryland Rules.

(b) The failure of a grand juror to serve for the entire period of service does not invalidate the grand jury or any of its actions.
Md. Code, Agriculture § 8-7A-01 — MD Code / Article gag / Title 8 / Subtitle 7A / Section 8-7A-01
§8–7A–01.
Status: in_force

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

(b) “Animal waste technology project” means the research, development, implementation, or market development of technology that is intended to:

(1) Reduce the amount of nutrients in animal waste;

(2) Alter the composition of animal waste;

(3) Develop alternative waste management strategies; or

(4) Use animal waste in a production process.

(c) “Fund” means the Animal Waste Technology Fund.
Md. Code, Courts and Judicial Proceedings § 8-402 — MD Code / Article gcj / Title 8 / Subtitle 4 / Section 8-402
§8–402.
Status: in_force

(a) Subject to the requirements of this section, a jury judge or, if a county’s jury plan allows, its jury commissioner may disqualify, excuse, or exempt an individual who is summoned for jury service or reschedule jury service.

(b) An individual may be disqualified only on the basis of information provided on a juror questionnaire or during an interview or other competent evidence.

(c) (1) To be excused, an individual shall show, on a juror questionnaire, during an interview, or by other competent evidence, that:

(i) Extreme inconvenience, public necessity, or undue hardship requires excusal;

(ii) The individual is a breast–feeding mother; or

(iii) The individual has legal custody of and is personally responsible for a child under the age of 3 years requiring continuous care by the individual during normal court hours.

(2) A jury judge or jury commissioner may, but is not required to, excuse an individual under paragraph (1)(ii) or (iii) of this subsection.

(3) An individual may be excused:

(i) Only for the period that the jury judge or jury commissioner considers necessary; and

(ii) Not more than twice unless the jury judge finds that the individual has shown an extraordinary circumstance that requires an additional excuse.

(4) When the period set under this subsection expires, a jury commissioner again shall summon the individual for jury service.

(d) (1) On or before December 31, 2025, and each December 31 thereafter, the Maryland Judiciary shall collect and, in accordance with § 2–1257 of the State Government Article, report to the General Assembly the following information for the preceding calendar year:

(i) The number of individuals requesting to be excused for jury duty under subsection (c)(1) of this section; and

(ii) The number of individuals granted or denied an excusal under subsection (c)(1) of this section.

(2) The information reported under paragraph (1) of this subsection shall be disaggregated by:

(i) Jurisdiction;

(ii) The type of excusal requested under subsection (c)(1) of this section; and

(iii) Whether the excusal request was granted or denied.
Md. Code, Agriculture § 8-8A-11 — MD Code / Article gag / Title 8 / Subtitle 8A / Section 8-8A-11
§8–8A–11.
Status: in_force

(a) In addition to any other remedy authorized under this subtitle, the Department may bring an action to enjoin the violation of any law, regulation, or order concerning the utilization of food processing residuals under this subtitle.

(b) The right to bring an action under subsection (a) of this section is in addition to and not instead of the right to bring any other action under this subtitle.

(c) The Department may not be required to furnish bond.

(d) The court shall issue a preliminary injunction if it finds that the permit holder is:

(1) Engaging in unlawful conduct in violation of this subtitle; or

(2) Engaged in conduct which is causing immediate and irreparable harm to the public.
Md. Code, Public Utilities § 8-403 — MD Code / Article gpu / Title 8 / Subtitle 4 / Section 8-403
§8–403.
Status: in_force

Each reseller that provides telecommunications service shall obtain authorization from the Commission in a manner determined by the Commission to provide those services in the State.
Md. Code, Commercial Law § 8-203 — MD Code / Article gcl / Title 8 / Subtitle 2 / Section 8-203
§8–203.
Status: in_force

After an act or event, other than a call that has been revoked, creating a right to immediate performance of the principal obligation represented by a certificated security or setting a date on or after which the security is to be presented or surrendered for redemption or exchange, a purchaser is charged with notice of any defect in its issue or defense of the issuer, if the act or event:

(1) Requires the payment of money, the delivery of a certificated security, the registration of transfer of an uncertificated security, or any of them on presentation or surrender of the security certificate, the money or security is available on the date set for payment or exchange, and the purchaser takes the security more than 1 year after that date; or

(2) Is not covered by paragraph (1) of this section and the purchaser takes the security more than 2 years after the date set for surrender or presentation or the date on which performance became due.
Md. Code, Correctional Services § 8-205 — MD Code / Article gcs / Title 8 / Subtitle 2 / Section 8-205
§8–205.
Status: in_force

(a) The Secretary of Public Safety and Correctional Services or the Secretary’s representative is the chairperson of the Commission.

(b) The Commission shall elect annually a vice chairperson from among its members.
Md. Code, Criminal Law § 8-214.1 — MD Code / Article gcr / Title 8 / Subtitle 2 / Section 8-214.1
§8–214.
Status: in_force

§8–214.1.

(a) In a criminal case or juvenile proceeding involving a violation of § 8–204, § 8–205, § 8–206, § 8–207, § 8–208, § 8–209, § 8–210, or § 8–214 of this subtitle or § 8–301 of this title, an affidavit sworn to by a lawful credit cardholder may be introduced as substantive evidence that the credit card or credit card number was taken, used, or possessed without the authorization of the credit cardholder.

(b) (1) At least 10 days before a proceeding in which the State intends to introduce into evidence an affidavit as provided under this section, the State shall provide written notice to the defendant that the State intends to:

(i) rely on the affidavit; and

(ii) introduce the affidavit into evidence at the proceeding.

(2) On written demand of a defendant filed at least 5 days before the proceeding described in subsection (a) of this section, the State shall require the presence of the affiant as a prosecution witness.
Md. Code, Labor and Employment § 8-604 — MD Code / Article gle / Title 8 / Subtitle 6 / Section 8-604
§8–604.
Status: in_force

(a) In this section, “employer” includes any employer, employing unit, governmental entity, or nonprofit organization entitled to notice of a determination under this subtitle.

(b) (1) This subsection applies to any determination under this subtitle for which the right to request a review determination is available.

(2) An employer may request a review determination within 30 days after the date the Secretary’s determination was sent to the employer.

(3) The request for a review determination shall state the reasons the employer disagrees with the Secretary’s determination.

(4) (i) Except as provided in subparagraph (ii) of this paragraph, if an employer does not make a timely request for a review determination, the previously issued determination of the Secretary is final and not subject to appeal.

(ii) If an employer makes a late request for a review determination, the Secretary may, in the Secretary’s discretion, accept the request for a review determination as if the request had been made timely.

(c) (1) The review determination shall be conducted in accordance with procedures established by the Secretary.

(2) The Secretary may adopt regulations establishing procedures for conducting a review determination.

(d) (1) After conducting a review determination, the Secretary shall issue a review determination decision and send it to the employer.

(2) The review determination decision:

(i) shall include a statement of the facts on which the decision is based;

(ii) may accept, reconsider, or amend the Secretary’s initial determination; and

(iii) may be appealed to the Lower Appeals Division in accordance with § 8–605 of this subtitle.

(e) (1) If the Secretary has not issued a review determination decision within 60 days after the date the review determination request was sent, the employer may request, in writing, that the Secretary adopt the previously issued determination as a final determination, which may be appealed to the Lower Appeals Division in accordance with § 8–605 of this subtitle.

(2) On receipt of a request under paragraph (1) of this subsection, the Secretary shall issue and send to the employer a notice:

(i) adopting the Secretary’s previously issued determination as a review determination decision; and

(ii) advising the employer of the right to file an appeal to the Lower Appeals Division in accordance with § 8–605 of this subtitle.
Md. Code, Real Property § 8A-1102 — MD Code / Article grp / Title 8A / Subtitle 11 / Section 8A-1102
§8A–1102.
Status: in_force

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

(2) “Threaten to take possession” means using words or actions intended to convince a reasonable person that the park owner intends to take imminent possession of the leased premises in violation of this section.

(3) (i) “Willful diminution of services” means intentionally interrupting or causing the interruption of heat, running water, hot water, electricity, or gas by the park owner for the purpose of forcing a resident to abandon the property.

(ii) “Willful diminution of services” does not include a park owner choosing not to continue to pay for utility service for the leased premises after a final court order awarding possession of the leased premises, if the park owner has provided the resident reasonable notice of the owner’s intention and the opportunity for the resident to open an account in the resident’s name for that service.

(b) (1) Except as provided in paragraph (2) of this subsection, a park owner may not take possession or threaten to take possession of leased premises from a resident or resident holding over by locking the resident out or any other action, including willful diminution of services to the resident.

(2) A park owner may take possession of leased premises from a resident or resident holding over only:

(i) In accordance with a warrant of restitution issued by a court and executed by a sheriff or constable; or

(ii) If the resident has abandoned or surrendered possession of the leased premises.

(c) (1) If in any proceeding the court finds in favor of the resident because the park owner violated subsection (b) of this section, the resident may recover:

(i) Actual damages; and

(ii) Reasonable attorney’s fees and costs.

(2) The remedies set forth in this subsection are not exclusive.
Md. Code, General Provisions § 8-109 — MD Code / Article ggp / Title 8 / Subtitle 1 / Section 8-109
§8–109.
Status: in_force

(a) Any remedy provided under this title is in addition to any other appropriate legal or equitable relief provided under any other applicable State or federal statute or regulation.

(b) (1) The governmental entity shall make all reasonable efforts to coordinate any investigation of an alleged violation under this title with any investigation conducted by the federal government involving the same violation.

(2) The governmental entity’s objective shall be to avoid unnecessary duplication of effort on the part of the person alleged to have committed the violation and to minimize the burden of the investigation on the person.

(c) (1) Except as provided under paragraph (2) of this subsection, the Comptroller shall deposit any civil penalty or damages collected by the State under this title into the General Fund of the State.

(2) (i) If a violation of this title affects any of the following funds, the Comptroller shall deposit any civil penalty or damages collected by the State under this title into the affected fund:

1. a fund that is not subject to § 7–302 of the State Finance and Procurement Article;

2. a special fund requiring the reversion of appropriated funds to the special fund under § 7–304 of the State Finance and Procurement Article;

3. a fund under the jurisdiction of the Board of Trustees for the State Retirement and Pension System; or

4. a fund under the jurisdiction of the State Employee and Retiree Health and Welfare Benefits Program.

(ii) If more than one fund is affected by a violation of this title, the Comptroller shall deposit any civil penalty or damages collected by the State into the appropriate fund or the General Fund of the State on a pro rata basis.

(d) (1) There is a False Claims Fund.

(2) The purpose of the Fund is to support the operations of the Attorney General in carrying out this title.

(3) The Attorney General shall administer the Fund.

(4) (i) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(ii) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(5) The Fund consists of:

(i) all attorney’s fees and costs collected by the State by judgment, settlement, agreement, or otherwise under this title;

(ii) money appropriated in the State budget to the Fund;

(iii) interest earnings; and

(iv) any other money from any other source accepted for the benefit of the Fund.

(6) The Fund may be used only for the Attorney General to investigate and litigate suspected violations of this title.

(7) (i) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(ii) Any interest earnings of the Fund shall be credited to the Fund.

(8) Expenditures from the Fund may be made only in accordance with the State budget.

(9) Money expended from the Fund is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the Attorney General.
Md. Code, Health Occupations § 8-6C-25 — MD Code / Article gho / Title 8 / Subtitle 6C / Section 8-6C-25
§8–6C–25.
Status: in_force

This subtitle may be cited as the Maryland Licensure of Direct–Entry Midwives Act.
Md. Code, Business Regulation § 8-317 — MD Code / Article gbr / Title 8 / Subtitle 3 / Section 8-317
§8–317.
Status: in_force

A contractor who holds a license under this title is not required to hold a construction license under Title 17 of this article.
Md. Code, Real Property § 8B-102 — MD Code / Article grp / Title 8B / Subtitle 1 / Section 8B-102
§8B–102.
Status: reserved

(a) Except as provided in subsection (b) of this section, on satisfaction of the requirements of Subtitle 2 of this title:

(1) A manufactured home shall be:

(i) Converted to real property; and

(ii) Governed by the laws applicable to real property and not subject to Title 13 of the Transportation Article;

(2) Any lien that can attach to real property shall attach in the same manner to a manufactured home that is converted to real property as to the parcel of real property to which the manufactured home has been affixed; and

(3) The title and all rights to a manufactured home shall be transferred by deed with the transfer of the parcel of real property to which the manufactured home has been affixed.

(b) This section does not apply to a manufactured home for which an affidavit of severance has been recorded under § 8B–302 of this title.
Md. Code, Natural Resources § 8-2102 — MD Code / Article gnr / Title 8 / Subtitle 21 / Section 8-2102
§8–2102.
Status: in_force

(a) A person who owns real property on which phragmites grows may apply to the Secretary for cost sharing assistance in the management and control of the spread of phragmites.

(b) The Secretary shall establish a cost sharing program to assist landowners, on whose property phragmites grows, in the management and control of the spread of phragmites.

(c) The Secretary may determine whether the Department should assist a landowner in the management and control of the spread of phragmites based on:

(1) The magnitude of the area to be managed and controlled; and

(2) The possibility of the spread of phragmites into adjoining land and wetland areas.

(d) (1) (i) Subject to the requirements of this subsection, the Department shall pay a landowner 50% of the costs associated with the eradication and control of the spread of phragmites.

(ii) The landowner shall be responsible for any remaining costs.

(iii) Money paid to a landowner under this section may be paid from the Tidal Wetlands Compensation Fund, the Wildlife Management and Protection Fund, or federal funds. The Department shall coordinate cost sharing assistance paid from the funds under this section with the Department of the Environment.

(iv) The Department shall require verification of a landowner’s expenses before the landowner may receive money from the cost sharing program.

(2) The Department may not pay more than $12,000 each year to a single landowner, or to a person in the immediate family of the landowner, or to an entity in which the landowner has a substantial ownership interest, under the cost sharing program established in this section.

(3) The Department may not expend more than $60 per acre per year for any cost sharing project under this section.

(4) In lieu of cash payments to landowners, the Department may substitute in–kind services of equal value.

(5) The Department shall establish priorities to target cost sharing assistance to wetlands restoration and enhancement where:

(i) Phragmites threatens rare or endangered wildlife or plants;

(ii) The highest diversity and abundance of native plants, wildlife, or fish exist; and

(iii) Phragmites can be effectively controlled.
Md. Code, Natural Resources § 8-1911 — MD Code / Article gnr / Title 8 / Subtitle 19 / Section 8-1911
§8–1911.
Status: in_force

§8–1911. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2031 PER CHAPTER 645 OF 2021 //

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

(2) “Program” means the Urban Trees Program.

(3) “Qualified organization” means:

(i) A nonprofit organization;

(ii) A school;

(iii) A community association;

(iv) A service, youth, or civic group;

(v) An institution of higher education;

(vi) A county or municipality; or

(vii) A forest conservancy district board.

(4) “Underserved area” means an area of the State falling within the boundaries of:

(i) An urban area, as delineated by the United States Census Bureau; and

(ii) 1. A neighborhood that was, at any point in time, redlined or graded as “hazardous” by the Home Owners’ Loan Corporation;

2. A census tract with an average rate of unemployment for the most recent 24–month period for which data are available that exceeds the average rate of unemployment for the State;

3. A census tract with a median household income for the most recent 24–month period for which data are available that is equal to or less than 75% of the median household income for the State during that period; or

4. A housing project as defined in § 12–101 of the Housing and Community Development Article.

(b) There is an Urban Trees Program administered by the Trust.

(c) The purpose of the Program is to plant native species of trees in underserved areas, in furtherance of the goals established under § 2–1212 of the Environment Article.

(d) (1) Beginning in fiscal year 2023, the Trust shall make grants to qualified organizations for tree–planting projects in underserved areas.

(2) Eligible Program expenses include personnel costs, supplies, site preparation, and other expenses and materials related to planning, implementing, and maintaining tree–planting projects in underserved areas.

(3) In awarding Program grants under this section, the Trust shall prioritize:

(i) Grant applications from qualified organizations located in the underserved areas where the proposed tree–planting projects will be implemented; and

(ii) Grant applications that include plans for engaging individuals, organizations, or businesses located in underserved areas to implement and maintain tree–planting projects in their communities.

(e) (1) The Program shall be funded with:

(i) The amount specified in § 9–1605.2(i)(11)(i) of the Environment Article; and

(ii) Any additional funds that may be allocated by the Trust through its annual budget process.

(2) The Trust shall seek federal funds and grants and donations from private sources to be made to the Trust for the purpose of the Program.

(f) A grant agreement regarding funds from the Trust for the Program shall:

(1) Specify the allowed use of the funds provided under the grant; and

(2) Include provisions for verification that tree–planting projects are being implemented and maintained as planned.

(g) On or before October 1 each year, the Trust shall report to the Department and the Department of the Environment on the grants awarded by the Program during the immediately preceding fiscal year, including:

(1) The names and descriptions of grant recipients;

(2) The number and location of trees planted by grant recipients; and

(3) Any other information required by the Department or the Department of the Environment.

(h) (1) For fiscal years 2024 through 2031, in each year the Governor shall include in the annual State budget an appropriation of $10,000,000 for the Program.

(2) Money appropriated under this subsection is supplemental to and may not take the place of funding that otherwise would be appropriated for the Program.
Md. Code, State Finance and Procurement § 8-130 — MD Code / Article gsf / Title 8 / Subtitle 1 / Section 8-130
§8–130.
Status: in_force

The Department of Budget and Management, with the approval of the Board, shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article to implement the provisions of §§ 8-128 and 8-129 of this subtitle.
Md. Code, Natural Resources § 8-708.1 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-708.1
§8–708.
Status: in_force

§8–708.1.

(a) Projects for dredging channels adjacent to federal, State, county or municipal main channels or harbors may be financed by interest-free loans to a governing body for the benefit of a residential property owner or a group of residential property owners with land abutting the adjacent channel.

(b) (1) Except as provided in paragraph (2) of this subsection, unless every residential property owner with land abutting the adjacent channel agrees to participate in the financing of the dredging project, the dredging project may not be approved.

(2) If all residential property owners abutting a channel adjacent to a main channel or harbor agree to exempt a residential property owner or group of residential property owners from participating in the financing of the dredging project, the residential property owner or group of residential property owners shall be exempt.

(c) Repayments of the principal on loans made under this section shall be made by the governing body in accordance with § 8-708(c) of this subtitle.
Md. Code, Real Property § 8-102 — MD Code / Article grp / Title 8 / Subtitle 1 / Section 8-102
§8–102.
Status: in_force

If the reversion of any leased premises merges in any other estate, the person entitled to the estate into which the reversion merges has the same remedy against the tenant for nonpayment of rent or other forfeiture, or for not performing conditions, covenants, or agreements, as the person entitled to the reversion would have had if the reversion had not merged.
Md. Code, Business Regulation § 8-616 — MD Code / Article gbr / Title 8 / Subtitle 6 / Section 8-616
§8–616.
Status: in_force

A person may not fail to comply with a lawful order or requirement of the Commission under this title.
Md. Code, Tax - General § 8-401 — MD Code / Article gtg / Title 8 / Subtitle 4 / Section 8-401
§8–401.
Status: in_force

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

(b) “Delivered for final consumption” means delivered by a public service company in its service area as measured at the customer meter or other point of final delivery.

(c) (1) “Gross receipts” means total operating revenue.

(2) “Gross receipts” includes:

(i) gross or total earnings and total receipts;

(ii) for a telephone company, the full amount of approved and applicable federal and State tariff charges for telephone lifeline service without the discount provided by § 8–201(d) of the Public Utilities Article; and

(iii) for a telecommunications company providing interstate long distance telecommunications service, the gross charges from the sale of long distance telecommunications service that originates or terminates in the State and for which a charge is made to a service address located in the State, regardless of where the amount is billed or paid.

(3) “Gross receipts” does not include:

(i) any revenue that a public service company derives from an activity other than an electric, gas, or telephone business; or

(ii) net uncollectible revenue.

(4) For a public service company engaged in a telephone business in the State, gross receipts does not include:

(i) gross charges from the sale by the public service company to another public service company subject to the tax imposed by this subtitle of a service or product for resale;

(ii) gross charges from the sale by the public service company of Internet access service by which a connection is provided between a computer and the Internet; or

(iii) gross charges from the sale of telecommunications service obtained by using a prepaid telephone calling arrangement, as defined in § 11–101 of this article.

(5) For a public service company engaged in the transmission, distribution, or delivery of electricity or gas in the State:

(i) “gross receipts” includes:

1. except as provided in item (ii)2 and 3 of this paragraph, gross charges for the transmission, distribution, or delivery of electricity or natural gas or for distribution or delivery–related services; and

2. competitive transition charges, intangible transition charges, and any other surcharge or other cost–recovery mechanism authorized for recovery of transition costs or the costs of demand side management or other energy conservation programs, universal service or other public purpose programs, or consumer education programs; and

(ii) “gross receipts” does not include:

1. gross charges from the sale of electricity or natural gas;

2. gross charges from the transmission, distribution, or delivery of electricity or natural gas to another public service company subject to the tax imposed under § 8–402 of this subtitle if the buyer intends to resell the electricity or natural gas; or

3. gross charges from an interstate transmission network or from the transmission, distribution, or delivery of electricity or natural gas to a customer located in another state.

(d) “Long distance telecommunications service” means telecommunications service for a telecommunication that does not originate and terminate in the same local calling area.

(e) “Production activity” has the meaning stated in § 11–101 of this article.

(f) “Public service company” means a person:

(1) engaged in a telephone business in the State; or

(2) engaged in the transmission, distribution, or delivery of electricity or natural gas in the State.
Md. Code, Criminal Law § 8-512 — MD Code / Article gcr / Title 8 / Subtitle 5 / Section 8-512
§8–512.
Status: in_force

A person may not solicit, offer, make, or receive a rebate of a fee or charge for referring another individual to a third person to provide items or services for which payment wholly or partly is or may be made from federal or State funds under a State health plan.