Md. Code, Agriculture § 3-404 — MD Code / Article gag / Title 3 / Subtitle 4 / Section 3-404
§3–404.
Status: in_force

(a) For purposes of this section, “garbage” means any putrescible animal and fowl waste resulting from the handling, preparation, cooking, and consumption of foods, including any animal and fowl carcass, part of it, and any other substance that has been mixed with or been in contact with any animal or fowl waste or carcass. The Secretary may exclude from this definition:

(1) Wastes that have been heat–treated to the extent that the resultant material is of uniform consistency containing by analysis not more than ten percent moisture, and which he has determined to be nonputrescible. Such treated nonputrescible waste shall be deemed commercial feed as the term is used in § 6–101 of this article, and shall be subject to the provisions of Title 6 of this article.

(2) Wastes that have been heat–treated at their source in a manner which, in the opinion of the Secretary, would render them incapable of transmitting disease. Discharged animal feces may be included in hog feeds only if the finished feed meets the standards established by the United States Food and Drug Administration. Any person desiring to feed wastes in accordance with this provision shall obtain a license for that purpose from the Department, which license shall be issued annually in accordance with the terms described therefor at a fee of $100. Any fee collected under this subsection constitutes a fund to defray partially the cost of inspection and other expenses necessary for administering this subsection.

(b) Garbage fed to swine contributes to the spread of infectious animal diseases. Therefore, it is the public policy of the State to prohibit the feeding of garbage to assist in the prevention and eradication of animal diseases and to protect the public health and public welfare.

(c) No person may feed garbage to any swine, or deposit or receive garbage at any location where any swine is kept.

(d) If any swine is fed garbage in violation of this section, it may not be sold or removed from the location within 30 days of having consumed the garbage, or longer if prescribed by the Secretary, and if the Secretary approves its removal.

(e) This section does not apply to any person who feeds garbage from his own household to swine on his premises, if the swine is not sold or removed from the premises.
Md. Code, Land Use § 3-113 — MD Code / Article glu / Title 3 / Subtitle 1 / Section 3-113
§3–113.
Status: in_force

(a) The planning commission of a county that is located on the tidal waters of the State shall designate in the comprehensive plan areas on or near the tidal waters for:

(1) loading, unloading, and processing finfish and shellfish; and

(2) docking and mooring commercial fishing boats and vessels.

(b) The areas designated under subsection (a) of this section shall be geographically located to:

(1) facilitate the commercial harvesting of finfish and shellfish; and

(2) ensure reasonable access to the waterways of the State by commercial watermen.
Md. Code, Courts and Judicial Proceedings § 3-810 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-810
§3–810.
Status: in_force

(a) (1) Except as otherwise provided in this subtitle, the Maryland Rules govern the format of a petition and of other pleadings and the procedures to be followed by the court and parties under this subtitle.

(2) Each document that a local department serves on a parent under this subtitle shall include information about the website that the Department of Human Services maintains under § 2–302 of the Human Services Article.

(b) (1) In any proceeding in which a child is alleged to be in need of assistance or in any voluntary placement hearing, the court may exclude the general public from a hearing and admit only those persons having a direct interest in the proceeding and their representatives.

(2) The court shall exclude the general public from a hearing where the proceedings involve discussion of confidential information from the child abuse and neglect report and record, or any information obtained from the child welfare agency concerning a child or family who is receiving Title IV–B child welfare services or Title IV–E foster care or adoption assistance.

(c) The clerk of the court shall make a separate file for each case.
Md. Code, Land Use § 3-201 — MD Code / Article glu / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

(a) (1) A planning commission shall prepare a plan by carefully and comprehensively surveying and studying:

(i) the present conditions and projections of future growth of the local jurisdiction; and

(ii) the relation of the local jurisdiction to neighboring jurisdictions.

(2) A planning commission shall make the plan with the general purpose of guiding and accomplishing the coordinated, adjusted, and harmonious development of the local jurisdiction and its environs.

(3) The plan shall serve as a guide to public and private actions and decisions to ensure the development of public and private property in appropriate relationships.

(b) (1) In accordance with present and future needs, a plan shall promote:

(i) good civic design and arrangement;

(ii) a healthy and convenient distribution of population;

(iii) the health, safety, and general welfare of the local jurisdiction; and

(iv) efficiency and economy in the development process.

(2) A plan shall:

(i) include any areas outside the boundaries of the plan that, in the planning commission’s judgment, relate to the planning responsibilities of the commission; and

(ii) provide for:

1. transportation needs;

2. the promotion of public safety;

3. light and air;

4. the conservation of natural resources;

5. the prevention of environmental pollution;

6. the wise and efficient expenditure of public funds;

7. adequate public utilities; and

8. an adequate supply of other public requirements.

(c) In addition to the requirements for the plan under Subtitle 1 of this title, a planning commission shall implement through the plan the visions set forth in § 1–201 of this article.

(d) (1) A planning commission may promote public interest in and understanding of the plan.

(2) A planning commission shall consult with public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and citizens about protecting or executing the plan.
Md. Code, Labor and Employment § 3-214 — MD Code / Article gle / Title 3 / Subtitle 2 / Section 3-214
§3–214.
Status: in_force

Each employer shall keep posted conspicuously in each place where a minor is employed a printed notice of the provisions of this subtitle, in a form that the Commissioner requires.
Md. Code, Economic Development § 3-306 — MD Code / Article gec / Title 3 / Subtitle 3 / Section 3-306
§3–306.
Status: in_force

(a) The Office shall coordinate its programs with the State Department of Agriculture, the Department of the Environment, the State Department of Transportation, the University System of Maryland, other appropriate federal, State, and local units, and private organizations.

(b) In overseas offices of the State, and with other State units, the Office shall participate, as appropriate, in providing informational and marketing services to support international trade efforts of the Office.
Md. Code, Tax - General § 3-106 — MD Code / Article gtg / Title 3 / Subtitle 1 / Section 3-106
§3–106.
Status: in_force

(a) (1) The Tax Court consists of 5 judges appointed by the Governor from the qualified voters of the State.

(2) Of the 5 judges, the Chief Judge and at least 1 other judge shall be members of the Bar of the State.

(3) Of the 5 judges, at least:

(i) 1 shall be a resident of Baltimore City;

(ii) 1 shall be a resident of the Eastern Shore; and

(iii) 1 shall be a resident of the Western Shore.

(b) The Tax Court may not include more than 3 judges from the same political party.

(c) Before taking office, each appointee to the Tax Court shall take the oath required by Article I, § 9 of the Maryland Constitution.

(d) (1) The term of a judge is 6 years and begins on the 1st Monday in June.

(2) The terms of judges are staggered as required by the terms provided for the judges of the Tax Court on January 1, 1989.

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

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

(e) The Governor may remove a judge for incompetence or misconduct.

(f) Each judge is entitled to the salary provided in the State budget.
Md. Code, Courts and Judicial Proceedings § 3-2406 — MD Code / Article gcj / Title 3 / Subtitle 24 / Section 3-2406
§3–2406.
Status: in_force

A record of a Program participant’s actual address and telephone number maintained by the Office of Information Privacy or a governmental entity is not a public record within the meaning of § 4–101 of the General Provisions Article.
Md. Code, Agriculture § 3-902 — MD Code / Article gag / Title 3 / Subtitle 9 / Section 3-902
§3–902.
Status: in_force

(a) A person may not transport a horse in a vehicle that is not designed and constructed in a manner that at all times protects the health and well-being of the horse being transported.

(b) To meet the requirements of subsection (a) of this section, at a minimum, a vehicle used to transport a horse shall:

(1) Be limited to one level throughout the vehicle where animals are confined;

(2) Have an interior height sufficient to allow each horse being transported to stand with its head extended to the fullest normal upright position without making contact with the roof or an overhead structure;

(3) Have doorway heights and widths that allow a horse to pass through without touching the sides of the openings;

(4) Be equipped with ramps if the vertical distance from the floor to the compartment containing the horse is greater than 15 inches;

(5) If the vehicle is equipped with ramps that sit at greater than a 25 degree angle, have ramps equipped with antiskid flooring and rails; and

(6) Contain adequate space to ensure that no horse is crowded in a way that is likely to cause injury.
Md. Code, Financial Institutions § 3-408 — MD Code / Article gfi / Title 3 / Subtitle 4 / Section 3-408
§3–408.
Status: in_force

(a) A majority of the directors of a State bank then serving is a quorum.

(b) The articles of incorporation or bylaws of a trust company may specify the number of directors that is a quorum, but the number shall be at least the greater of one third of the directors or four directors.
Md. Code, Education § 3-403 — MD Code / Article ged / Title 3 / Subtitle 4 / Section 3-403
§3–403.
Status: in_force

(a) The president of the county board is entitled to receive $13,000 annually as compensation and the other voting members are entitled to receive $12,000 each annually as compensation.

(b) The compensation of the president and the voting members described in subsection (a) of this section shall be paid in four equal quarterly installments.

(c) (1) (i) A student representative who completes a full term on the county board shall be entitled to a scholarship of $3,500 to be applied to the student’s higher education costs.

(ii) The scholarship shall be paid directly to the educational institution that the student attends.

(iii) A student may receive not more than two scholarships of $3,500 each regardless of the number of terms the student serves as the student representative of the county board.

(iv) The scholarship may not be considered compensation for the purpose of calculating taxable income.

(2) On the submission of expense vouchers, the student representative is entitled to reimbursement for travel and other expenses incurred in the performance of official duties for the county board.

(3) The student representative is not entitled to any compensation or payment other than that specified under paragraphs (1) and (2) of this subsection for work as the student representative of the county board.
Md. Code, State Finance and Procurement § 3-1003 — MD Code / Article gsf / Title 3 / Subtitle 10 / Section 3-1003
§3–1003.
Status: in_force

(a) The Secretary shall review the strategic plans and the State comprehensive plan and may recommend appropriate changes to agency budgets.

(b) (1) There is a StateStat process that is managed by the Executive Branch.

(2) StateStat is an accountability process that involves:

(i) the adoption of a strategic plan and the establishment of goals by an agency;

(ii) the adoption of a comprehensive set of performance and citizen satisfaction measurements by an agency;

(iii) regular and frequent:

1. submission of timely and accurate data by an agency;

2. review and analysis of submitted data; and

3. accountability meetings to assess an agency’s performance;

(iv) continuous review of the strategies and tactics used by an agency to meet the goals of the agency; and

(v) continuous assessment of the progress of an agency towards meeting the goals of the agency.

(c) The Governor may require an agency to participate in the StateStat process to help facilitate and accelerate the achievement of managing for results goals and objectives.

(d) (1) Each agency that participates in the StateStat process shall submit a strategic plan and performance measurement report to the Secretary as part of its annual budget submission.

(2) The report submitted by each agency that participates in the StateStat process shall contain the information required in § 3–1002(c) of this subtitle.
Md. Code, Courts and Judicial Proceedings § 3-8A-26 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-26
§3–8A–26.
Status: in_force

Pursuant to the procedure provided in the Maryland Rules, the court may make an appropriate order directing, restraining, or otherwise controlling the conduct of a person who is properly before the court under this subtitle, if:

(1) The court finds that the conduct:

(i) Is or may be detrimental or harmful to a child over whom the court has jurisdiction;

(ii) Will tend to defeat the execution of an order or disposition made or to be made; or

(iii) Will assist in the rehabilitation of or is necessary for the welfare of the child; and

(2) Notice of the application or motion and its grounds has been given as prescribed by the Maryland Rules.
Md. Code, Criminal Law § 3-702 — MD Code / Article gcr / Title 3 / Subtitle 7 / Section 3-702
§3–702.
Status: in_force

(a) In this section, “political subdivision” includes a:

(1) county;

(2) municipal corporation;

(3) bicounty or multicounty agency;

(4) county board of education;

(5) public authority; or

(6) special taxing district.

(b) An officer or employee of the State or of a political subdivision may not wrongfully obtain or attempt to obtain money, property, or anything of value from a person with the person’s consent, if the consent is obtained under color or pretense of office, under color of official right, or by wrongful use of actual or threatened force or violence.

(c) If the value of the property is at least $1,000 but less than $10,000, a person who violates this section:

(1) is guilty of the felony of extortion and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both; and

(2) notwithstanding any pardon, shall be barred permanently from employment by the State or by a political subdivision.

(d) If the value of the property is at least $10,000 but less than $100,000, a person who violates this section:

(1) is guilty of the felony of extortion and on conviction is subject to imprisonment not exceeding 15 years or a fine not exceeding $15,000 or both; and

(2) notwithstanding any pardon, shall be barred permanently from employment by the State or by a political subdivision.

(e) If the value of the property is $100,000 or more, a person who violates this section:

(1) is guilty of the felony of extortion and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $25,000 or both; and

(2) notwithstanding any pardon, shall be barred permanently from employment by the State or by a political subdivision.

(f) If the value of the property is less than $1,000, a person who violates this section is guilty of the misdemeanor of extortion and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both.

(g) A prosecution for a felony under this section shall be instituted within 5 years after the crime was committed.
Md. Code, Business Occupations and Professions § 3-411 — MD Code / Article gbo / Title 3 / Subtitle 4 / Section 3-411
§3–411.
Status: in_force

(a) Except as otherwise provided in § 10–226 of the State Government Article, before the Board takes any final action under § 3–410 of this subtitle, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board.

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

(c) At least 30 days before the hearing, the hearing notice and a copy of the complaint shall be:

(1) served personally on the applicant or on a person in responsible charge of architecture practiced through the entity holding the permit or a person designated as a resident agent to receive process on behalf of the entity; or

(2) mailed to the last known business address of the applicant or the entity holding the permit.

(d) If, after due notice, the person against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.
Md. Code, Environment § 3-405 — MD Code / Article gen / Title 3 / Subtitle 4 / Section 3-405
§3–405.
Status: in_force

(a) A political subdivision may bring an action to enjoin any conduct that is a willful violation of any provision of this title or any rule, regulation, or order adopted or issued under this title.

(b) An action may not be brought under this section unless the person against whom it is brought has been given a reasonable time to comply with the provision that is the basis of the action.
Md. Code, Commercial Law § 3-104 — MD Code / Article gcl / Title 3 / Subtitle 1 / Section 3-104
§3–104.
Status: in_force

(a) Except as provided in subsections (c) and (d), “negotiable instrument” means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it:

(1) Is payable to bearer or to order at the time it is issued or first comes into possession of a holder;

(2) Is payable on demand or at a definite time; and

(3) Does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain (i) an undertaking or power to give, maintain, or protect collateral to secure payment, (ii) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or (iii) a waiver of the benefit of any law intended for the advantage or protection of an obligor.

(b) “Instrument” means a negotiable instrument.

(c) An order that meets all of the requirements of subsection (a), except paragraph (1), and otherwise falls within the definition of “check” in subsection (f) is a negotiable instrument and a check.

(d) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this title.

(e) An instrument is a “note” if it is a promise and is a “draft” if it is an order. If an instrument falls within the definition of both “note” and “draft”, a person entitled to enforce the instrument may treat it as either.

(f) “Check” means (i) a draft, other than a documentary draft, payable on demand and drawn on a bank or (ii) a cashier's check or teller's check. An instrument may be a check even though it is described on its face by another term, such as “money order”.

(g) “Cashier's check” means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank.

(h) “Teller's check” means a draft drawn by a bank (i) on another bank, or (ii) payable at or through a bank.

(i) “Traveler's check” means an instrument that (i) is payable on demand, (ii) is drawn on or payable at or through a bank, (iii) is designated by the term “traveler's check” or by a substantially similar term, and (iv) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument.

(j) “Certificate of deposit” means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank.
Md. Code, Business Regulation § 3-206 — MD Code / Article gbr / Title 3 / Subtitle 2 / Section 3-206
§3–206.
Status: in_force

(a) A person who is adversely affected or aggrieved by an order passed or regulation adopted by the Commissioner under this title may appeal to a court of competent jurisdiction in accordance with the Maryland Rules.

(b) (1) The filing of an appeal does not stay an order or regulation of the Commissioner.

(2) However, after giving the Commissioner notice and an opportunity for a hearing, the court in which the appeal is pending may stay an order or regulation of the Commissioner on the conditions that the court considers proper.

(3) The conditions may include a requirement to post security.

(c) A court shall hear the appeal promptly.

(d) A regulation that the Commissioner adopts under this subtitle:

(1) is prima facie lawful and reasonable; and

(2) may not be held invalid because of a technical defect, if there is substantial compliance with this title.
Md. Code, Election Law § 3-505 — MD Code / Article gel / Title 3 / Subtitle 5 / Section 3-505
§3–505.
Status: in_force

(a) The State Board shall adopt regulations for the retention and storage of and reasonable access to original voter registration applications and other voter registration records the State Board considers appropriate.

(b) (1) Voter registration records stored and retained in a local board office shall be open to public inspection.

(2) For the purpose of public inspection, original voter registration records:

(i) subject to § 4–527(b) of the Family Law Article and § 7–309(b) of the State Government Article and except upon the special order of the local board, shall be available at all times when a local board is open; and

(ii) may not be removed from the office of the local board except:

1. on order of a court; or

2. for temporary removal solely for purposes of data processing.

(c) (1) Consistent with regulations adopted by the State Board, local boards shall maintain for at least 2 years all records concerning programs to ensure the accuracy and currency of the statewide voter registration list.

(2) Except for records concerning a declination to register or the identity of a voter registration agency through which a particular voter applies for registration, the records described in paragraph (1) of this subsection are accessible under Title 4 of the General Provisions Article (Access to Public Records).
Md. Code, Land Use § 3-109 — MD Code / Article glu / Title 3 / Subtitle 1 / Section 3-109
§3–109.
Status: in_force

The areas of critical State concern element shall include the planning commission’s recommendations for the determination, identification, and designation of areas within the local jurisdiction that are of critical State concern.
Md. Code, Commercial Law § 3-408 — MD Code / Article gcl / Title 3 / Subtitle 4 / Section 3-408
§3–408.
Status: in_force

A check or other draft does not of itself operate as an assignment of funds in the hands of the drawee available for its payment, and the drawee is not liable on the instrument until the drawee accepts it.
Md. Code, Public Safety § 3-304 — MD Code / Article gps / Title 3 / Subtitle 3 / Section 3-304
§3–304.
Status: in_force

(a) (1) The employer of an applicant for a commission shall submit the application under this section.

(2) A separate application is required for each individual applicant for a commission.

(b) (1) The employer of an applicant for a commission shall submit to the Secretary:

(i) an application in the manner and format designated by the Secretary; and

(ii) subject to paragraph (4) of this subsection, an application fee of $100 in a method approved by the Secretary, to cover the cost of an investigation of the applicant.

(2) As part of the application for a commission, the applicant shall submit to the Secretary:

(i) two sets of the applicant’s legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation; and

(ii) the fees required under subsection (c) of this section.

(3) The application fee is nonrefundable.

(4) An application fee may not be charged to a unit of the State.

(c) (1) The Secretary shall apply to the Central Repository for a State and national criminal history records check for each applicant for a special police commission.

(2) As part of the application for a criminal history records check, the Secretary shall submit to the Central Repository:

(i) a complete set of the applicant’s legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

(ii) the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and

(iii) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(3) The Central Repository shall provide a receipt to the applicant for the fees paid in accordance with paragraph (2)(ii) and (iii) of this subsection.

(4) In accordance with Title 10, Subtitle 2 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Secretary a printed statement of the applicant’s criminal history information.

(5) Information obtained from the Central Repository under this section:

(i) is confidential and may not be disseminated; and

(ii) may be used only for the purposes authorized by this section.

(6) If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Department of State Police Licensing Division a revised printed statement of the applicant’s or special police officer’s State criminal history record.
Md. Code, Courts and Judicial Proceedings § 3-201 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

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

(b) “Court” means a court of equity.

(c) “Guardian” means a person appointed by a court as guardian of the person or property or both of a disabled person.

(d) “Personal representative” means an executor, administrator, or special administrator.
Md. Code, Estates and Trusts § 3-104 — MD Code / Article get / Title 3 / Subtitle 1 / Section 3-104
§3–104.
Status: in_force

(a) If there is no surviving issue, spouse, or registered domestic partner, the personal representative shall distribute the net estate, subject to §§ 3–111 and 3–112 of this subtitle, as follows:

(1) To the surviving parents equally;

(2) If only one parent survives, to the survivor; or

(3) If neither parent survives, to the issue of the parents, by representation.

(b) (1) If there is no surviving parent or issue of a parent, the net estate shall be distributed:

(i) One–half to each pair of grandparents equally;

(ii) If only one grandparent of a pair survives, one–half to the survivor; or

(iii) If neither grandparent of a pair survives, one–half to the issue of that pair of grandparents, by representation.

(2) In the event that neither of one pair of grandparents and none of the issue of either of that pair survives, the one–half share applicable shall be distributed to:

(i) The other pair of grandparents;

(ii) The survivor of the other pair of grandparents; or

(iii) The issue of either of the other pair of grandparents, in the same manner as prescribed for their half share.

(c) (1) In this subsection, “stepchild” means the child of any spouse of the decedent, if the spouse was not divorced from the decedent.

(2) If there is no surviving blood relative entitled to inherit under this section, the net estate shall be divided into as many equal shares as there are:

(i) Stepchildren of the decedent who survive the decedent; and

(ii) Stepchildren of the decedent who did not survive the decedent but of whom issue did survive the decedent.

(3) (i) Each stepchild of the decedent who did survive the decedent shall receive one share.

(ii) The issue of each stepchild of the decedent who did not survive the decedent but of whom issue did survive the decedent shall receive one share apportioned by applying the pattern of representation set forth in § 1–210 of this article.
Md. Code, Correctional Services § 3-522 — MD Code / Article gcs / Title 3 / Subtitle 5 / Section 3-522
§3–522.
Status: in_force

On or before October 1 of each year, the Management Council shall submit to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly an annual report summarizing the Management Council’s activities and recommendations.
Md. Code, State Personnel and Pensions § 3-502 — MD Code / Article gsp / Title 3 / Subtitle 5 / Section 3-502
§3–502.
Status: in_force

(a) Collective bargaining shall include all matters relating to:

(1) wages, hours, and other terms and conditions of employment; and

(2) the time and manner of access to a new employee program in accordance with § 22–207 of the State Government Article.

(b) Notwithstanding subsection (a) of this section, the representatives of the State, the Maryland Environmental Service, a system institution, Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College:

(1) may not be required to negotiate over any matter that is inconsistent with applicable law; and

(2) may negotiate and reach agreement with regard to any such matter only if it is understood that the agreement with respect to such matter cannot become effective unless the applicable law is amended by the General Assembly.
Md. Code, Alcoholic Beverages and Cannabis § 3-804 — MD Code / Article gab / Title 3 / Subtitle 8 / Section 3-804
§3–804.
Status: in_force

(a) On payment of a pro rata license fee for the period of continuation, a certificate of permission and a renewal license are subject to the right of protest, revocation, suspension, and restriction.

(b) During the period of continuation, the renewal license and the personal representative or special administrator of the estate of the deceased license holder are subject to this article and the provisions of the Tax – General Article that relate to the alcoholic beverage tax.
Md. Code, Real Property § 3-402 — MD Code / Article grp / Title 3 / Subtitle 4 / Section 3-402
§3–402.
Status: in_force

Certification of notice of liens, certificates, or other notices affecting federal liens by the Secretary of the Treasury of the United States, his delegate, or by any official or entity of the United States responsible for filing or certifying of notice of any other lien, entitles them to be filed and no other attestation, certification, or acknowledgement is necessary.
Md. Code, Courts and Judicial Proceedings § 3-2303 — MD Code / Article gcj / Title 3 / Subtitle 23 / Section 3-2303
§3–2303.
Status: in_force

(a) A protected individual, or the Office of Information Privacy on behalf of a protected individual, may request that a person who has published the protected individual’s personal information remove the protected individual’s personal information from publication.

(b) A request made under this section shall:

(1) Be in writing;

(2) Be sent by certified mail or by e–mail;

(3) Except as provided in subsection (c) of this section, provide sufficient information to confirm that the requester is a protected individual; and

(4) Adequately identify the document, posting, or other publication containing the personal information.

(c) A request made by the Office of Information Privacy certifies that a requester is a protected individual and no further information may be required to confirm that the requester is a protected individual.

(d) The person to whom the request is made shall:

(1) Provide for the removal of the personal information within 72 hours after receipt of the request; and

(2) Notify the protected individual or the Office of Information Privacy by certified mail or by e–mail of the removal.

(e) (1) A protected individual or the Office of Information Privacy may bring an action for a violation of this section against a person for:

(i) Declaratory relief;

(ii) Injunctive relief;

(iii) Damages incurred as the result of a violation of this section; or

(iv) Reasonable attorney’s fees.

(2) In addition to the relief provided under paragraph (1) of this subsection, if a court finds that a person willfully refused to provide for the removal of personal information knowing that the individual on behalf of whom the request was made was a protected individual, the court may award punitive damages.
Md. Code, Tax - General § 3-105 — MD Code / Article gtg / Title 3 / Subtitle 1 / Section 3-105
§3–105.
Status: in_force

(a) In addition to the powers and duties set forth elsewhere in this title and in Title 13, Subtitle 5 of this article, the Tax Court:

(1) as to any matter before it, shall pass a written order that is signed by at least 1 of the judges;

(2) shall have a seal for the certification of copies of orders of the Tax Court by the clerk; and

(3) may ask the Department to perform administrative duties for the Tax Court.

(b) Subject to § 3-103 of this title, Title 13 of this article, and § 14-512 of the Tax - Property Article, the Tax Court may adopt reasonable rules of procedure in accordance with the provisions for adopting regulations under Title 10, Subtitle 1, Parts I through III, V, and VI of the State Government Article.
Md. Code, Corporations and Associations § 3-415 — MD Code / Article gca / Title 3 / Subtitle 4 / Section 3-415
§3–415.
Status: in_force

(a) In a proceeding for involuntary dissolution brought under § 3-413(c) of this subtitle on grounds of insolvency, the court may declare the corporation dissolved if the corporation is proved or has been determined by judicial proceedings to be unable to meet its debts as they mature in the usual course of its business.

(b) If the court orders the corporation dissolved, the court shall direct that the corporation be liquidated under court supervision by one or more receivers appointed by it.
Md. Code, Alcoholic Beverages and Cannabis § 3-201 — MD Code / Article gab / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

(a) The Executive Director shall issue each license that applies statewide.

(b) A license may not be issued to a partnership, corporation, or limited liability company but only to an individual authorized to act for a partnership, corporation, or limited liability company.

(c) A license holder shall assume all responsibilities as an individual and be subject to all penalties, conditions, and restrictions imposed on license holders under this article and the provisions of the Tax – General Article that relate to the alcoholic beverage tax.
Md. Code, Commercial Law § 3-414 — MD Code / Article gcl / Title 3 / Subtitle 4 / Section 3-414
§3–414.
Status: in_force

(a) This section does not apply to cashier's checks or other drafts drawn on the drawer.

(b) If an unaccepted draft is dishonored, the drawer is obliged to pay the draft (i) according to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder, or (ii) if the drawer signed an incomplete instrument, according to its terms when completed, to the extent stated in §§ 3-115 and 3-407. The obligation is owed to a person entitled to enforce the draft or to an indorser who paid the draft under § 3-415.

(c) If a draft is accepted by a bank, the drawer is discharged, regardless of when or by whom acceptance was obtained.

(d) If a draft is accepted and the acceptor is not a bank, the obligation of the drawer to pay the draft if the draft is dishonored by the acceptor is the same as the obligation of an indorser under § 3-415(a) and (c).

(e) If a draft states that it is drawn “without recourse” or otherwise disclaims liability of the drawer to pay the draft, the drawer is not liable under subsection (b) to pay the draft if the draft is not a check. A disclaimer of the liability stated in subsection (b) is not effective if the draft is a check.

(f) If (i) a check is not presented for payment or given to a depositary bank for collection within 30 days after its date, (ii) the drawee suspends payments after expiration of the 30-day period without paying the check, and (iii) because of the suspension of payments, the drawer is deprived of funds maintained with the drawee to cover payment of the check, the drawer to the extent deprived of funds may discharge its obligation to pay the check by assigning to the person entitled to enforce the check the rights of the drawer against the drawee with respect to the funds.
Md. Code, Labor and Employment § 3-215 — MD Code / Article gle / Title 3 / Subtitle 2 / Section 3-215
§3–215.
Status: in_force

After review, the Commissioner may revoke a work permit or special permit if the permit is not issued in accordance with the requirements of the Commissioner.
Md. Code, Corporations and Associations § 3-108 — MD Code / Article gca / Title 3 / Subtitle 1 / Section 3-108
§3–108.
Status: in_force

(a) A proposed consolidation, merger, or share exchange may be abandoned before the effective date of the articles:

(1) If the articles so provide, by majority vote of the entire board of directors of any one corporation party to the articles, the entire board of trustees of any one business trust party to the articles, or the governing body of any other entity party to the articles; or

(2) Unless the articles provide otherwise, by majority vote of the entire board of directors of each Maryland corporation party to the articles, the entire board of trustees of each Maryland business trust party to the articles, and the governing body of each other Maryland entity party to the articles.

(b) If the articles have been filed with the Department, notice of the abandonment shall be given promptly to the Department by:

(1) If abandoned pursuant to subsection (a)(1) of this section, any one party to the articles; or

(2) If abandoned pursuant to subsection (a)(2) of this section, each party to the articles.

(c) (1) If the proposed consolidation, merger, or share exchange is abandoned as provided in this section, no legal liability arises under the articles.

(2) An abandonment does not prejudice the rights of any person under any other contract made by a corporation party to the proposed articles in connection with the proposed consolidation, merger, or share exchange.
Md. Code, Criminal Procedure § 3-104 — MD Code / Article gcp / Title 3 / Subtitle 1 / Section 3-104
§3–104.
Status: in_force

(a) If, before or during a trial, the defendant in a criminal case or a violation of probation proceeding appears to the court to be incompetent to stand trial or the defendant alleges incompetence to stand trial, the court shall determine, on evidence presented on the record, whether the defendant is incompetent to stand trial.

(b) If, after receiving evidence, the court finds that the defendant is competent to stand trial, the trial shall begin as soon as practicable or, if already begun, shall continue.

(c) At any time before final judgment, the court may reconsider the question of whether the defendant is incompetent to stand trial.
Md. Code, Courts and Judicial Proceedings § 3-219 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-219
§3–219.
Status: in_force

(a) The arbitration award shall be in writing and signed by the arbitrators who joined in the award.

(b) (1) The arbitration award shall be made within the time set by the agreement.

(2) If the agreement does not set a time, a party may petition a court to set the time.

(3) The parties may extend the time for making an award in writing at any time.

(c) The arbitrators shall deliver a copy of the award to each party:

(1) As provided in the agreement;

(2) Personally; or

(3) By certified mail, return receipt requested, bearing a postmark from the United States Postal Service.

(d) A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him.
Md. Code, Labor and Employment § 3-1109 — MD Code / Article gle / Title 3 / Subtitle 11 / Section 3-1109
§3–1109.
Status: in_force

The Commissioner may seek to establish a lien for unpaid wages on behalf of an employee.
Md. Code, Health Occupations § 3-406 — MD Code / Article gho / Title 3 / Subtitle 4 / Section 3-406
§3–406.
Status: in_force

(a) In this section, “chiropractor rehabilitation committee” means a committee that:

(1) Is defined in subsection (b) of this section; and

(2) Performs any of the functions listed in subsection (d) of this section.

(b) For purposes of this section, a chiropractor rehabilitation committee is a committee of the Board or a committee of the Maryland Chiropractic Association that:

(1) Is recognized by the Board; and

(2) Includes but is not limited to chiropractors.

(c) A rehabilitation committee of the Board or recognized by the Board may function:

(1) Solely for the Board; or

(2) Jointly with a rehabilitation committee representing another board or boards.

(d) For purposes of this section, a chiropractor rehabilitation committee evaluates and provides assistance to any chiropractor, chiropractic assistant, and any other individual regulated by the Board in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.

(e) (1) Except as otherwise provided in this subsection, the proceedings, records, and files of the chiropractor rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the chiropractor rehabilitation committee.

(2) Paragraph (1) of this subsection does not apply to any record or document that is considered by the chiropractor rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in any arbitration or civil proceeding.

(3) For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.

(f) A person who acts in good faith and within the scope of jurisdiction of a chiropractor rehabilitation committee is not civilly liable for any action as a member of the chiropractor rehabilitation committee or for giving information to, participating in, or contributing to the function of the chiropractor rehabilitation committee.
Md. Code, Real Property § 3-105.2 — MD Code / Article grp / Title 3 / Subtitle 1 / Section 3-105.2
§3–105.
Status: reserved

§3–105.2.

(a) In this section, “lien instrument” means:

(1) A lien created under the Maryland Contract Lien Act;

(2) An instrument creating or authorizing the creation of a lien in favor of a homeowners’ association, a condominium council of unit owners, a property owners association, or a community association;

(3) A security agreement; or

(4) A vendor’s lien.

(b) A mortgage, deed of trust, or lien instrument may be released validly in accordance with this section.

(c) When the debt secured by a mortgage, deed of trust, or lien instrument is paid fully or satisfied by a settlement agent licensed by the Maryland Insurance Administration as a title insurance producer under Title 10, Subtitle 1 of the Insurance Article, a title insurer, or a lawyer admitted to the Maryland Bar, and the party satisfied fails to provide a release suitable for recording, the settlement agent, title insurer, or lawyer may prepare and record a statutory release affidavit that:

(1) May be received by the clerk and indexed and recorded as any other instrument in the nature of a release or certificate of satisfaction; and

(2) Has the same effect as a release of the property for which the mortgage, deed of trust, or lien instrument is the security, as if a release were executed by the mortgagee, named trustees, or secured party.

(d) Before the settlement agent, title insurer, or lawyer may record a statutory release affidavit under this section, that person shall:

(1) Allow at least a 60–day waiting period from the date the mortgage, deed of trust, or lien instrument is paid fully or satisfied for the party satisfied to provide a release suitable for recording;

(2) Send by certified mail, with or without a return receipt, to the party satisfied:

(i) A copy of this section;

(ii) A copy of the proposed statutory release affidavit that the person intends to record; and

(iii) A notice that unless a release suitable for recording is provided within 30 days, the person will obtain a release in accordance with the provisions of this section;

(3) After the mailing of the notice under item (2) of this subsection, allow an additional waiting period of at least 30 days for the party satisfied to provide a release suitable for recording.

(e) A statutory release affidavit recorded under this section shall:

(1) Be in substantially the following form:

“Statutory Release Affidavit

I hereby declare or affirm, under the penalties of perjury, that:

(1) On (insert date), I caused to be paid off the debt secured by the mortgage, deed of trust, or lien instrument, found in Liber/Book _____, at Folio/Page _____, in the land records of __________ County/Baltimore City, Maryland.

(2) I obtained a written payoff statement from the person to whom the debt was owed or the person’s agent, the funds paid to the person or the person’s agent were sufficient to pay off the debt in full, and, as authorized by the obligor on the account, I instructed the person or the person’s agent to close the account.

(3) On (insert date), I sent the notice required under § 3–105.2(d)(2) of the Real Property Article to the person satisfied by certified mail.

(4) The person satisfied has failed to provide a release suitable for recording.

(5) I am:

___ A settlement agent who holds a title insurance producer license in good standing from the Maryland Insurance Administration;

___ An officer of a title insurer; or

___ A member of the Maryland Bar.

(6) The payoff of the debt was accomplished by:

___ The original check, written on an escrow account controlled by the undersigned individual, which is attached to this affidavit and incorporated by reference;

___ A check, written on an escrow account controlled by the undersigned individual, a check facsimile of which is attached to this affidavit and incorporated by reference, and which has been certified as a true copy of the original check by the issuing bank; or

___ A wire transfer, the wire transfer remittance advice for which contains the information required under § 3–105.2(e)(2)(iii)2 of the Real Property Article and is attached to this affidavit and incorporated by reference.

___________________________

(signature)

___________________________

(printed or typed name)

__________________________

(date)”

; and

(2) Be accompanied by:

(i) The canceled check evidencing final payment, which shall contain the name of the party whose debt is being satisfied, the debt account number, if any, and words indicating that the check is intended as payment in full of the debt being satisfied;

(ii) If the canceled check is unavailable, a check facsimile, as defined in § 5–513 of the Financial Institutions Article, that contains the information required under item (i) of this item, accompanied by a certification from an authorized agent of the institution on which the check was drawn stating the check facsimile is a true and genuine image of the original check; or

(iii) If the debt securing the mortgage, deed of trust, or lien instrument was paid off by a wire transfer, the wire transfer remittance advice, which shall:

1. Be accompanied by a certification from an authorized agent of the institution from which the wire transfer was initiated stating that the document is a true and genuine image of the original wire transfer confirmation order issued by the institution; and

2. Contain the name of the person for whom the payoff was made, the name of the institution that was paid the money, a truncated version of the number of the account from which the funds were transferred, a truncated version of the number of the account to which the funds were transferred, the Federal Reserve Bank’s reference numbers for the wire transfer, the loan number for the note that was paid off, the amount of the payoff made by the wire transfer, and the date and time of the wire transfer.
Md. Code, Corporations and Associations § 3-406 — MD Code / Article gca / Title 3 / Subtitle 4 / Section 3-406
§3–406.
Status: in_force

(a) In the case of voluntary dissolution, the articles of dissolution shall include:

(1) The name of the corporation and the address of its principal office;

(2) The name and address of a resident agent of the corporation who shall serve for one year after dissolution and until the affairs of the corporation are wound up;

(3) The name and address of each director of the corporation;

(4) The name, title, and address of each officer of the corporation;

(5) A statement that dissolution of the corporation was approved in the manner and by the vote required by law and by the charter of the corporation, and a statement of the manner of approval;

(6) A statement that notice of the approved dissolution was mailed to all known creditors of the corporation and the date of the mailing, or a statement that the corporation has no known creditors;

(7) All other provisions which the corporation considers necessary to dissolve; and

(8) A statement that the corporation is dissolved.

(b) (1) If the dissolution is authorized under § 3-402 of this subtitle, a majority of the incorporators or a majority of the entire board of directors, as the case may be, shall execute articles of dissolution for the corporation in the manner required by Title 1 of this article.

(2) In all other cases, articles of dissolution shall be executed by the persons and in the manner required by Title 1 of this article.
Md. Code, Transportation § 3-513 — MD Code / Article gtr / Title 3 / Subtitle 5 / Section 3-513
§3–513.
Status: in_force

(a) Bonds issued under this subtitle are not debt of the State or the Department.

(b) Bonds issued under this subtitle are not and may not be considered to constitute a debt or a pledge of the faith and credit of the State of Maryland or the Department.

(c) All bonds issued under this subtitle shall contain a statement on their face to the effect that:

(1) Neither the State nor the Department is obligated to pay the principal of or the interest on them; and

(2) Neither the faith and credit nor the taxing power of the State or the Department is pledged to the payment of the principal of or the interest on them.

(d) Bonds issued under this subtitle are obligations of the participating counties.
Md. Code, Courts and Judicial Proceedings § 3-8A-19.1 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-19.1
§3–8A–19.
Status: in_force

§3–8A–19.1.

(a) In this section and in §§ 3–8A–19.2, 3–8A–19.3, and 3–8A–19.4 of this subtitle, “victim” means an individual against whom an act described in subsection (b) of this section is committed or alleged to have been committed.

(b) (1) Except as provided in paragraph (2) of this subsection, after an inquiry conducted in accordance with § 3–8A–10 of this subtitle, an intake officer may file with the court a peace order request that alleges the commission of any of the following acts against a victim by the respondent, if the act occurred within 30 days before the filing of the complaint under § 3–8A–10 of this subtitle:

(i) An act that causes serious bodily harm;

(ii) An act that places the victim in fear of imminent serious bodily harm;

(iii) Assault in any degree;

(iv) Rape or sexual offense under § 3–303, § 3–304, § 3–307, or § 3–308 of the Criminal Law Article or attempted rape or sexual offense in any degree;

(v) False imprisonment;

(vi) Harassment under § 3–803 of the Criminal Law Article;

(vii) Stalking under § 3–802 of the Criminal Law Article;

(viii) Trespass under Title 6, Subtitle 4 of the Criminal Law Article;

(ix) Malicious destruction of property under § 6–301 of the Criminal Law Article;

(x) Misuse of telephone facilities and equipment under § 3–804 of the Criminal Law Article;

(xi) Misuse of electronic communication or interactive computer service under § 3–805 of the Criminal Law Article;

(xii) Revenge porn under § 3–809 of the Criminal Law Article; or

(xiii) Visual surveillance under § 3–901, § 3–902, or § 3–903 of the Criminal Law Article.

(2) After a review conducted in accordance with § 3–8A–10(c)(4)(ii) of this subtitle, the State’s Attorney may file with the court a peace order request that meets the requirements of paragraph (1) of this subsection.
Md. Code, Natural Resources § 3-103.2 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-103.2
§3–103.
Status: in_force

§3–103.2.

Except as provided in § 3–103.1(c)(8) of this subtitle, the Service is exempt from the provisions of Division I of the State Personnel and Pensions Article that govern the State Personnel Management System.
Md. Code, Courts and Judicial Proceedings § 3-1604 — MD Code / Article gcj / Title 3 / Subtitle 16 / Section 3-1604
§3–1604.
Status: in_force

A person entitled to bring a civil action under this subtitle may seek damages from a defendant described in § 3-1602 of this subtitle if the controlled dangerous substance manufactured, distributed, dispensed, brought into, or transported in the State by the defendant was actually used by, and was the proximate cause of the death of, an individual.
Md. Code, Courts and Judicial Proceedings § 3-902 — MD Code / Article gcj / Title 3 / Subtitle 9 / Section 3-902
§3–902.
Status: in_force

(a) An action may be maintained against a person whose wrongful act causes the death of another.

(b) If the death of a person was caused by a wrongful act, neglect, or default of a vessel, an action in rem may be maintained against the vessel.

(c) If a person whose wrongful act caused the death of another, dies before an action under this section is commenced, the action may be maintained against his personal representative.
Md. Code, Criminal Law § 3-401 — MD Code / Article gcr / Title 3 / Subtitle 4 / Section 3-401
§3–401.
Status: in_force

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

(b) “Deprive” means to withhold property of another:

(1) permanently;

(2) for a period that results in the appropriation of a part of the property’s value;

(3) with the purpose to restore it only on payment of a reward or other compensation; or

(4) to dispose of the property or use or deal with the property in a manner that makes it unlikely that the owner will recover it.

(c) “Obtain” means:

(1) in relation to property, to bring about a transfer of interest in or possession of the property; and

(2) in relation to a service, to secure the performance of the service.

(d) (1) “Property” means anything of value.

(2) “Property” includes:

(i) real estate;

(ii) money;

(iii) a commercial instrument;

(iv) an admission or transportation ticket;

(v) a written instrument representing or embodying rights concerning anything of value, or services, or anything otherwise of value to the owner;

(vi) a thing growing on, affixed to, or found on land, or that is part of or affixed to any building;

(vii) electricity, gas, and water;

(viii) a bird, animal, or fish that ordinarily is kept in a state of confinement;

(ix) food or drink;

(x) a sample, culture, microorganism, or specimen;

(xi) a record, recording, document, blueprint, drawing, map, or a whole or partial copy, description, photograph, prototype, or model of any of them;

(xii) an article, material, device, substance, or a whole or partial copy, description, photograph, prototype, or model of any of them that represents evidence of, reflects, or records a secret:

1. scientific, technical, merchandising, production, or management information; or

2. designed process, procedure, formula, invention, trade secret, or improvement;

(xiii) a financial instrument; and

(xiv) information, electronically produced data, and a computer software or program in a form readable by machine or individual.

(e) “Robbery” retains its judicially determined meaning except that:

(1) robbery includes obtaining the service of another by force or threat of force; and

(2) robbery requires proof of intent to withhold property of another:

(i) permanently;

(ii) for a period that results in the appropriation of a part of the property’s value;

(iii) with the purpose to restore it only on payment of a reward or other compensation; or

(iv) to dispose of the property or use or deal with the property in a manner that makes it unlikely that the owner will recover it.

(f) “Service” includes:

(1) labor or professional service;

(2) telecommunication, public utility, toll facility, or transportation service;

(3) lodging, entertainment, or restaurant service; and

(4) the use of computers, data processing, or other equipment.
Md. Code, Commercial Law § 3-301 — MD Code / Article gcl / Title 3 / Subtitle 3 / Section 3-301
§3–301.
Status: in_force

“Person entitled to enforce” an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to § 3-309 or § 3-418(d). A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.
Md. Code, Agriculture § 3-310 — MD Code / Article gag / Title 3 / Subtitle 3 / Section 3-310
§3–310.
Status: in_force

Notwithstanding the existence of other remedies at law, the Secretary may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any provision of this subtitle or any rule or regulation adopted pursuant to it. The injunction shall be issued without bond.
Md. Code, Public Safety § 3-604 — MD Code / Article gps / Title 3 / Subtitle 6 / Section 3-604
§3–604.
Status: in_force

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

(2) “Caregiver” means a parent, spouse, guardian, legal custodian, or person responsible for the supervision of another adult.

(3) “Law enforcement agency” means a State, county, or municipal police department or agency, or a sheriff’s department.

(4) “Missing person” means an individual:

(i) whose whereabouts are unknown;

(ii) who suffers a cognitive impairment including a diagnosis of Alzheimer’s disease or dementia to the extent that the individual requires assistance from a caregiver; and

(iii) whose disappearance poses a credible threat to the health and safety of the individual due to age, health, mental or physical disability, environment, or weather conditions, as determined by a law enforcement agency.

(b) (1) The Department of State Police shall establish a Silver Alert Program to provide a system for rapid dissemination of information to assist in locating a missing person.

(2) The Department of State Police shall:

(i) adopt guidelines and develop procedures for issuing a Silver Alert for a missing person;

(ii) provide training to local law enforcement agencies on the guidelines and procedures to be used to handle a report of a missing person;

(iii) provide assistance to a local law enforcement agency, as necessary, to assist in the safe recovery of a missing person;

(iv) recruit public and commercial television and radio broadcasters, local volunteer groups, and other members of the public to assist in developing and implementing a Silver Alert;

(v) consult with the State Highway Administration to establish a plan for providing information relevant to a Silver Alert to the public through the dynamic message sign system located across the State; and

(vi) consult with the State Department of Education to develop a program that:

1. allows high school students to assist in the search for a missing person under this section;

2. complies with COMAR 13A.03.02.06; and

3. is consistent with the student service–learning guidelines developed by the State Department of Education.

(c) A caregiver or person filing a report regarding a missing person immediately shall notify the local law enforcement agency with which the report was filed and the Department of State Police if:

(1) the missing person who was the subject of the report is located; and

(2) it is unlikely that the local law enforcement agency or the Department of State Police has knowledge that the missing person has been located.
Md. Code, Health Occupations § 3-304 — MD Code / Article gho / Title 3 / Subtitle 3 / Section 3-304
§3–304.
Status: in_force

(a) An applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.

(b) The Board shall give examinations to applicants at least twice in each calendar year at the times and places that the Board determines.

(c) The Board shall notify each qualified applicant of the time and place of examination.

(d) (1) The Board–administered examination shall include:

(i) The general laws and regulations of the State on the practice of chiropractic; and

(ii) The laws and regulations on infection control.

(2) An applicant qualifies for a license to practice chiropractic only if the applicant answers correctly at least 75% of all the questions on the Board–administered examination.

(e) (1) An applicant shall pay to the Board an examination fee set by the Board.

(2) The payment of one examination fee entitles an applicant to take the Board–administered examination twice.

(f) If an applicant fails the Board–administered examination twice, the applicant may retake the examination if the applicant pays the appropriate fee.

(g) In addition to the written examination administered by the Board, an applicant shall take and pass all applicable sections of the national examination administered by:

(1) The National Board of Chiropractic Examiners or its successor entity;

(2) An equivalent national chiropractic testing entity approved by the Board; or

(3) An equivalent foreign chiropractic testing entity approved by the Board.
Md. Code, Courts and Judicial Proceedings § 3-8A-17.8 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-17.8
§3–8A–17.
Status: reserved

§3–8A–17.8.

(a) If the court orders the Maryland Department of Health to provide competency attainment services under § 3–8A–17.6 of this subtitle, the Maryland Department of Health shall file a written report with the court, with notice to counsel of the submission of the report, within 90 days after the court order, stating whether, in the opinion of the Department, the child:

(1) Has attained competency;

(2) Remains incompetent to proceed, but may be able to attain competency in the foreseeable future; or

(3) Remains incompetent to proceed, and is unlikely to attain competency in the foreseeable future.

(b) (1) The court shall hold a competency hearing in accordance with § 3–8A–17.4 of this subtitle within 15 days after the court receives the report described in subsection (a) of this section.

(2) For good cause shown, the hearing date may be continued for a reasonable period of time.

(c) (1) At the competency hearing, if the court determines that the child is competent, the court shall proceed in accordance with § 3–8A–17.5 of this subtitle.

(2) Case management and supervision of the child shall be transferred to the Department of Juvenile Services to continue proceedings under this subtitle.

(3) (i) Subject to the time periods for dismissal of the case specified in § 3–8A–17.9 of this subtitle, if the court determines that the child remains incompetent to proceed, but may be able to attain competency in the foreseeable future, the court may order that services be continued in increments of not more than 6 months.

(ii) Within 6 months after the court orders additional services under subparagraph (i) of this paragraph, the Maryland Department of Health shall file a written report as described in subsection (a) of this section.

(iii) 1. The court shall hold a competency hearing in accordance with § 3–8A–17.4 of this subtitle within 15 days after the court receives the report described in subparagraph (ii) of this paragraph.

2. For good cause shown, the hearing date may be continued for a reasonable period of time.

(4) If the court determines that the child remains incompetent to proceed and is unlikely to attain competency in the foreseeable future, the court shall proceed in accordance with § 3–8A–17.7 of this subtitle.
Md. Code, Courts and Judicial Proceedings § 3-903 — MD Code / Article gcj / Title 3 / Subtitle 9 / Section 3-903
§3–903.
Status: in_force

(a) If the wrongful act occurred in another state, the District of Columbia, or a territory of the United States, a Maryland court shall apply the substantive law of that jurisdiction.

(b) Notwithstanding the fact that the wrongful act occurred in another jurisdiction, a Maryland court in which the action is pending shall apply its own rules of pleading and procedure.
Md. Code, Transportation § 3-514 — MD Code / Article gtr / Title 3 / Subtitle 5 / Section 3-514
§3–514.
Status: in_force

(a) Subject to § 3-515 of this subtitle, the Department may allow any county in this State to participate in an issue of bonds under this subtitle.

(b) On the date designated by the Department, a county that desires to participate shall notify the Department of:

(1) Its desire to participate in the proceeds of the next series of bonds to be issued under this subtitle;

(2) The proposed amount of its participation; and

(3) A description of the revenues to be pledged by the county to pay debt service on the bonds.

(c) The Department may extend the date for notification when appropriate.
Md. Code, Natural Resources § 3-2A-11 — MD Code / Article gnr / Title 3 / Subtitle 2A / Section 3-2A-11
§3–2A–11.
Status: in_force

If an applicant violates any provision of the grant documents or ceases to meet the requirements of this subtitle, on reasonable notice to the applicant, the Trust may exercise any remedy for which the grant documents provide.
Md. Code, Education § 3-10A-01 — MD Code / Article ged / Title 3 / Subtitle 10A / Section 3-10A-01
§3–10A–01.
Status: in_force

(a) The Queen Anne’s County Board consists of:

(1) Five voting, nonpartisan, elected members; and

(2) One nonvoting student representative from each public high school in the county.

(b) The five voting, nonpartisan, elected members shall be elected by the voters of the entire county at a general election in accordance with subsection (c) of this section.

(c) (1) (i) One voting member shall reside in and be elected from each of the four county commissioner districts; and

(ii) One member shall reside in the county and be elected from the county at large.

(2) (i) A member from a county commissioner district who no longer resides in the district may not continue as a member of the county board.

(ii) A member at large who no longer resides in the county may not continue as a member of the county board.

(3) A candidate elected to the county board shall be a registered voter and resident of Queen Anne’s County for at least 3 years.

(d) (1) Subject to paragraph (2) of this subsection, each elected voting member serves for a term of 4 years beginning on the first Monday in December after the member’s election and until a successor is elected and qualifies.

(2) The initial terms of the elected voting members are staggered as follows:

(i) The three members elected to the county board at the general election in November 2008 who receive the highest number of votes cast from among the successful candidates at that election shall serve for a term of 6 years; and

(ii) The two members elected to the county board at the general election in November 2008 who receive the least number of votes cast from among the successful candidates at that election shall serve for a term of 4 years.

(3) (i) In case of a vacancy on the county board, the Governor shall appoint a qualified person to serve on the county board until a successor is elected and qualifies.

(ii) If the vacancy occurs before the filing deadline for candidates for the primary election that is held in the second year of the term, the individual appointed under subparagraph (i) of this paragraph shall serve until a successor is elected at the next general election and qualifies.

(iii) If the vacancy occurs after the filing deadline for candidates for the primary election that is held in the second year of the term, the individual appointed under subparagraph (i) of this paragraph shall serve for the remainder of the term of the vacating member and until a successor is elected at the next general election and qualifies.

(e) (1) The nonvoting student members of the county board shall be elected from each of the public high schools in the county by their respective student bodies.

(2) Each student member shall:

(i) Be an eleventh or twelfth grade student in good standing in the Queen Anne’s County public school system;

(ii) Be a student government association representative at the student’s high school;

(iii) Serve for 1 year beginning on July 1 after the election of the member;

(iv) Be nonvoting; and

(v) Advise the county board on the thoughts and feelings of students in the Queen Anne’s County public schools.

(3) Unless invited to attend by an affirmative vote of a majority of the county board, the student member may not attend an executive session of the county board.
Md. Code, Labor and Employment § 3-1004 — MD Code / Article gle / Title 3 / Subtitle 10 / Section 3-1004
§3–1004.
Status: in_force

(a) The employer shall restore the employee to the position held when the leave began or to a position with equivalent seniority status, benefits, pay, and conditions of employment when the employee returns to work.

(b) An employer may decline to restore an employee as required in this subtitle because of circumstances unrelated to the provisions of this subtitle.

(c) An employer and an employee may negotiate for the employer to pay for the benefits of the employee during the leave.
Md. Code, Agriculture § 3-119 — MD Code / Article gag / Title 3 / Subtitle 1 / Section 3-119
§3–119.
Status: in_force

(a) (1) The Department may bring an action for an injunction against any person violating the provisions of this subtitle, or violating any valid order or quarantine issued by the Department.

(2) In any action for an injunction brought under this section, any finding of the Department after a hearing shall be prima facie evidence of each fact found.

(b) (1) On a showing by the Department that any person is violating or is about to violate the provisions of this subtitle or is violating or is about to violate any valid order or quarantine issued by the Department, an injunction shall be granted without the necessity of showing a lack of adequate remedy at law.

(2) In circumstances of an emergency creating conditions of imminent danger to animal health, the Department may institute an action for an immediate injunction to halt any activity causing the danger.

(3) An injunction instituted under paragraph (2) of this subsection shall be issued without bond.
Md. Code, Education § 3-5B-04 — MD Code / Article ged / Title 3 / Subtitle 5B / Section 3-5B-04
§3–5B–04.
Status: in_force

(a) All actions of the county board shall be taken at a public meeting and a record of the meeting and all actions shall be made public.

(b) The county board may take actions in closed session in accordance with § 3–305 of the General Provisions Article.
Md. Code, Insurance § 3-306.1 — MD Code / Article gin / Title 3 / Subtitle 3 / Section 3-306.1
§3–306.
Status: in_force

§3–306.1.

(a) (1) A diligent search required by § 3–306 of this subtitle shall be deemed completed if:

(i) the insured or the surplus lines broker or insurance producer obtains declinations of a risk from three authorized insurers that are writing the particular kind and class of insurance in this State; and

(ii) the declinations are included in the affidavit required under § 3–307 of this subtitle.

(2) In addition to the requirement of paragraph (1)(i) of this subsection, an insurance producer shall obtain a declination from each insurer for which the insurance producer has been appointed that the insurance producer knows, or should know, is actually writing on a broad basis the particular kind and class of insurance sought.

(b) A diligent search may not be required:

(1) for any coverage on a list of eligible surplus lines coverages compiled by the Commissioner; or

(2) if the diligent search is waived by an exempt commercial purchaser in accordance with the Act.

(c) Notwithstanding the renewal provisions of § 3–306(c) of this subtitle, a diligent search shall be required for each renewal of a personal lines insurance policy written through a surplus lines insurer.

(d) Notwithstanding subsection (b)(2) of this section, a surplus lines broker is not required to perform a diligent search to determine whether the full amount or type of insurance can be obtained from admitted insurers when the surplus lines broker is seeking to procure or place nonadmitted insurance for an exempt commercial purchaser if:

(1) the surplus lines broker has disclosed to the exempt commercial purchaser that the insurance may or may not be available from admitted insurers that may be subject to greater protection and regulatory oversight; and

(2) the exempt commercial purchaser subsequently has requested the surplus lines broker in writing to procure nonadmitted insurance from or place the nonadmitted insurance with a nonadmitted insurer.
Md. Code, Election Law § 3-402 — MD Code / Article gel / Title 3 / Subtitle 4 / Section 3-402
§3–402.
Status: in_force

This subtitle does not apply to a municipal corporation that:

(1) does not require voter registration for its elections;

(2) prior to January 1, 1990, used the voter registry supplied by the local board as qualification for voting in municipal elections; or

(3) provides for the local board to conduct municipal elections.
Md. Code, Courts and Judicial Proceedings § 3-8A-03 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-03
§3–8A–03.
Status: in_force

(a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has exclusive original jurisdiction over:

(1) A child:

(i) Who is at least 13 years old alleged to be delinquent; or

(ii) Except as provided in subsection (d) of this section, who is at least 10 years old alleged to have committed an act:

1. That, if committed by an adult, would constitute:

A. A crime of violence, as defined in § 14–101 of the Criminal Law Article;

B. A crime involving handguns under § 4–203 or § 4–204 of the Criminal Law Article;

C. A crime involving firearms under § 5–133, § 5–134, § 5–138, § 5–142, § 5–203, or § 5–703 of the Public Safety Article;

D. Aggravated cruelty to animals under § 10–606 of the Criminal Law Article; or

E. Sexual offense in the third degree under § 3–307 of the Criminal Law Article; or

2. Arising out of the same incident as an act listed in item 1 of this item;

(2) A child who is in need of supervision;

(3) A child who has received a citation for a violation;

(4) Except as provided in subsection (d)(6) of this section, a peace order proceeding in which the respondent is a child; and

(5) Proceedings arising under the Interstate Compact on Juveniles.

(b) The court has concurrent jurisdiction over proceedings against an adult for the violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction under this subsection upon its own motion or upon the motion of any party to the proceeding, if charges against the adult arising from the same incident are pending in the criminal court. Upon motion by either the State’s Attorney or the adult charged under § 3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried in the criminal court according to the usual criminal procedure.

(c) (1) The jurisdiction of the court is concurrent with that of the District Court in any criminal case arising under the compulsory public school attendance laws of this State.

(2) The jurisdiction of the court is concurrent with that of a federal court sitting in the State over proceedings involving a violation of federal law committed by a child on a military installation of the U.S. Department of Defense if:

(i) The federal court waives exclusive jurisdiction; and

(ii) The violation of federal law is also a crime under State law.

(d) The court does not have jurisdiction over:

(1) A child at least 14 years old alleged to have done an act that, if committed by an adult, would be a crime punishable by life imprisonment, as well as all other charges against the child arising out of the same incident, unless an order removing the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article;

(2) A child at least 16 years old alleged to have done an act in violation of any provision of the Transportation Article or other traffic law or ordinance, except an act that prescribes a penalty of incarceration;

(3) A child at least 16 years old alleged to have done an act in violation of any provision of law, rule, or regulation governing the use or operation of a boat, except an act that prescribes a penalty of incarceration;

(4) A child at least 16 years old alleged to have committed any of the following crimes, as well as all other charges against the child arising out of the same incident, unless an order removing the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article:

(i) Abduction;

(ii) Kidnapping;

(iii) Second degree murder;

(iv) Manslaughter, except involuntary manslaughter;

(v) Second degree rape;

(vi) Robbery under § 3–403 of the Criminal Law Article;

(vii) Third degree sexual offense under § 3–307(a)(1) of the Criminal Law Article;

(viii) A crime in violation of § 5–133, § 5–134, § 5–138, or § 5–203 of the Public Safety Article;

(ix) Using, wearing, carrying, or transporting a firearm during and in relation to a drug trafficking crime under § 5–621 of the Criminal Law Article;

(x) Use of a firearm under § 5–622 of the Criminal Law Article;

(xi) Carjacking or armed carjacking under § 3–405 of the Criminal Law Article;

(xii) Assault in the first degree under § 3–202 of the Criminal Law Article;

(xiii) Attempted murder in the second degree under § 2–206 of the Criminal Law Article;

(xiv) Attempted rape in the second degree under § 3–310 of the Criminal Law Article;

(xv) Attempted robbery under § 3–403 of the Criminal Law Article; or

(xvi) A violation of § 4–203, § 4–204, § 4–404, or § 4–405 of the Criminal Law Article;

(5) A child who previously has been convicted as an adult of a felony and is subsequently alleged to have committed an act that would be a felony if committed by an adult, unless an order removing the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article;

(6) A peace order proceeding in which the victim, as defined in § 3–8A–01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4–501 of the Family Law Article; or

(7) Except as provided in subsection (a)(1)(ii) of this section, a delinquency proceeding against a child who is under the age of 13 years.

(e) If the child is charged with two or more violations of the Maryland Vehicle Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out of the same incident and which would result in the child being brought before both the court and a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of the charges.

(f) A child under the age of 13 years may not be charged with a crime.
Md. Code, Health Occupations § 3-401 — MD Code / Article gho / Title 3 / Subtitle 4 / Section 3-401
§3–401.
Status: in_force

(a) The Board shall adopt rules and regulations to establish standards for advertising or soliciting by chiropractors.

(b) For purposes of this section, notices mailed to patients to inform them of times for periodic examinations are not advertising or soliciting.
Md. Code, Public Safety § 3-414 — MD Code / Article gps / Title 3 / Subtitle 4 / Section 3-414
§3–414.
Status: in_force

To carry out the purposes of this subtitle, the Governor may enter into a reciprocal agreement with the governor of another state to empower railroad police officers to perform police functions lawfully exercised by an officer of the reciprocal state that relate to the purposes described in this subtitle.
Md. Code, Education § 3-12A-04 — MD Code / Article ged / Title 3 / Subtitle 12A / Section 3-12A-04
§3–12A–04.
Status: in_force

(a) Subject to subsection (b) of this section, the voting members shall receive compensation as set by the County Council.

(b) (1) The salary of each voting member of the county board shall be at least $3,200.

(2) The salary of the president of the county board shall be at least $3,600.
Md. Code, Public Safety § 3-314 — MD Code / Article gps / Title 3 / Subtitle 3 / Section 3-314
§3–314.
Status: in_force

The State and any subdivision or municipal corporation of the State shall have the immunity from liability described under § 5-613 of the Courts Article unless the subdivision or municipal corporation requests the appointment of an individual as a special police officer and the request is granted as provided in this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 3-704 — MD Code / Article gab / Title 3 / Subtitle 7 / Section 3-704
§3–704.
Status: in_force

(a) The Executive Director may postpone the expiration of a license that the Executive Director issues for an additional period to avoid hardship.

(b) The additional period may not exceed 20 days.
Md. Code, Alcoholic Beverages and Cannabis § 3-501 — MD Code / Article gab / Title 3 / Subtitle 5 / Section 3-501
§3–501.
Status: in_force

A license holder may store or keep alcoholic beverages only:

(1) on the premises covered by the license; or

(2) at a public warehouse, a government–controlled warehouse, or an individual warehouse for which a permit has been issued under this article.
Md. Code, Human Services § 3-402 — MD Code / Article ghu / Title 3 / Subtitle 4 / Section 3-402
§3–402.
Status: in_force

(a) In Montgomery County, the Montgomery County government shall administer State social service and public assistance programs that in other counties are administered by a local department.

(b) The administration of State programs by Montgomery County is governed by State and federal regulations.

(c) (1) Montgomery County shall administer State child welfare programs in the same manner as the programs are administered in other counties.

(2) The unit of the Montgomery County government that administers the programs under paragraph (1) of this subsection is exempt from licensing requirements in the same manner as local departments in other counties.
Md. Code, Correctional Services § 3-301 — MD Code / Article gcs / Title 3 / Subtitle 3 / Section 3-301
§3–301.
Status: in_force

(a) Subject to subsection (d) of this section, the Commissioner shall operate a comprehensive rehabilitative prerelease unit for women that:

(1) is a separate structure in which the services specified in § 3–303(b) of this subtitle are provided;

(2) has security features for female incarcerated individuals who:

(i) present the least risk of violence;

(ii) present the least risk of escape; and

(iii) have a record of satisfactory institutional behavior; and

(3) matches security level on a validated gender–responsive risk measure.

(b) (1) In determining where to place a prerelease unit for women, the Commissioner shall determine into which area, defined by zip codes, the largest percentage of incarcerated individuals will likely be released.

(2) A prerelease unit for women shall be located in or adjacent to the zip codes identified in paragraph (1) of this subsection.

(c) An incarcerated individual assigned to a prerelease unit for women may have access to the community for any purpose described in § 3–305(a) of this subtitle.

(d) The Department shall:

(1) identify a location, acquire property, and design a site plan for the prerelease unit for women on or before June 1, 2021;

(2) begin construction or renovation of the facility on or before September 1, 2021; and

(3) begin operating and providing services in the facility on or before June 1, 2023.
Md. Code, Financial Institutions § 3-201 — MD Code / Article gfi / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

Three or more adult individuals, each of whom is a citizen of the United States, and at least one of whom is a citizen of this State, may act as incorporators to form a State bank or a trust company under this subtitle.
Md. Code, Education § 3-1403 — MD Code / Article ged / Title 3 / Subtitle 14 / Section 3-1403
§3–1403.
Status: in_force

At its first meeting at the beginning of each calendar year, the county board shall elect a president and a vice president from among its members.
Md. Code, Courts and Judicial Proceedings § 3-2304 — MD Code / Article gcj / Title 3 / Subtitle 23 / Section 3-2304
§3–2304.
Status: in_force

(a) An individual may not knowingly publish the personal information of a protected individual if:

(1) The individual knows or reasonably should know that publishing the personal information poses an imminent and serious threat to the protected individual; and

(2) The publishing of the personal information results in:

(i) An assault in any degree;

(ii) Harassment;

(iii) Trespass; or

(iv) Malicious destruction of property.

(b) An individual who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $5,000 or both.
Md. Code, Election Law § 3-102 — MD Code / Article gel / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, an individual may become registered to vote if the individual:

(i) is a citizen of the United States;

(ii) is at least 16 years old;

(iii) is a resident of the State as of the day the individual seeks to register; and

(iv) registers pursuant to this title.

(2) Notwithstanding paragraph (1)(ii) of this subsection, an individual under the age of 18 years:

(i) may vote in a primary election in which candidates are nominated for a general or special election that will occur when the individual is at least 18 years old; and

(ii) may not vote in any other election.

(b) An individual is not qualified to be a registered voter if the individual:

(1) has been convicted of a felony and is currently serving a court–ordered sentence of imprisonment for the conviction;

(2) is under guardianship for mental disability and a court of competent jurisdiction has specifically found by clear and convincing evidence that the individual cannot communicate, with or without accommodations, a desire to participate in the voting process; or

(3) has been convicted of buying or selling votes.
Md. Code, Courts and Judicial Proceedings § 3-221 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-221
§3–221.
Status: in_force

(a) Unless the arbitration agreement provides otherwise, the award shall provide for payment of the arbitrators’ expenses, fees, and any other expense incurred in the conduct of the arbitration.

(b) Unless the arbitration agreement provides otherwise, the award may not include counsel fees.
Md. Code, Health - General § 3-202 — MD Code / Article ghg / Title 3 / Subtitle 2 / Section 3-202
§3–202.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, each county board of health shall exercise the duties imposed by law on a board of health.

(2) The county board of health shall exercise those duties in each municipality or special taxing district in the county unless the municipality or district has a charter provision or ordinance that:

(i) Covers the same subject matter;

(ii) Is at least as restrictive as the provision that the county board is required to enforce; and

(iii) Includes provisions for enforcement.

(b) In addition to the other duties provided by law, each county board of health shall:

(1) Meet in May and October of each year and at any other time the board considers necessary;

(2) Coordinate its activities with the Department; and

(3) Report to the Department on the sanitary conditions of the county whenever the board considers it important and necessary to do so.

(c) (1) Except as provided in paragraph (2) of this subsection, each county board of health may set any fee or charge in connection with its rules and regulations.

(2) A fee or charge for a service that is provided wholly or partly with State or federal funds that the Department administers is subject to approval and modification by the Secretary.

(d) In addition to the other powers provided by law and subject to the provisions of this article, each county board of health may adopt and enforce rules and regulations on any nuisance or cause of disease in the county.
Md. Code, Correctional Services § 3-523 — MD Code / Article gcs / Title 3 / Subtitle 5 / Section 3-523
§3–523.
Status: in_force

All State and local governmental units shall cooperate with the Management Council in the discharge of its powers and duties, including requests for information associated with its purpose under this subtitle.
Md. Code, Corporations and Associations § 3-207 — MD Code / Article gca / Title 3 / Subtitle 2 / Section 3-207
§3–207.
Status: in_force

(a) (1) The successor promptly shall notify each objecting stockholder in writing of the date the articles are accepted for record by the Department.

(2) The successor also may send a written offer to pay the objecting stockholder what it considers to be the fair value of his stock. Each offer shall be accompanied by the following information relating to the corporation which issued the stock:

(i) A balance sheet as of a date not more than six months before the date of the offer;

(ii) A profit and loss statement for the 12 months ending on the date of the balance sheet; and

(iii) Any other information the successor considers pertinent.

(b) The successor shall deliver the notice and offer to each objecting stockholder personally or mail them to him by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, at the address he gives the successor in writing, or, if none, at his address as it appears on the records of the corporation which issued the stock.
Md. Code, Economic Development § 3-205 — MD Code / Article gec / Title 3 / Subtitle 2 / Section 3-205
§3–205.
Status: in_force

(a) The Advisory Board shall report to the Governor and, in accordance with § 2-1257 of the State Government Article, to the General Assembly on or before December 15 of each year.

(b) The report shall include any recommendations from the Advisory Board and a summary of the activities of the Advisory Board during the preceding year.
Md. Code, Criminal Law § 3-808 — MD Code / Article gcr / Title 3 / Subtitle 8 / Section 3-808
§3–808.
Status: in_force

(a) A person may not file a lien or an encumbrance in a public or private record against the real or personal property of another if the person knows that the lien or encumbrance is:

(1) false; or

(2) contains or is based on a materially false, fictitious, or fraudulent statement or representation.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(1) for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $10,000 or both; and

(2) for each subsequent violation, imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.
Md. Code, Education § 3-12A-02 — MD Code / Article ged / Title 3 / Subtitle 12A / Section 3-12A-02
§3–12A–02.
Status: in_force

(a) The State Board may remove a member of the county board for any of the following reasons:

(1) Immorality;

(2) Misconduct in office;

(3) Incompetency;

(4) Willful neglect of duty; or

(5) Failure to attend, without good cause:

(i) At least 75% of the scheduled meetings of the county board in any 1 calendar year; or

(ii) Three consecutive scheduled meetings of the county board.

(b) Before removing a member, the State Board shall send the member a copy of the charges against the member and give the member an opportunity within 10 days to request a hearing.

(c) If the member requests a hearing within the 10–day period:

(1) The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and

(2) The member shall have an opportunity to be heard publicly before the State Board in the member’s own defense, in person or by counsel.

(d) A member removed under this section has the right to a de novo review of the removal by the Circuit Court for Talbot County.
Md. Code, Insurance § 3-207 — MD Code / Article gin / Title 3 / Subtitle 2 / Section 3-207
§3–207.
Status: in_force

(a) A certificate of authority authorizes a reciprocal insurer to engage in one kind or a combination of kinds of insurance business, except for life insurance and health insurance other than as supplementary coverage in policies of liability insurance.

(b) A certificate of authority authorizes a reciprocal insurer to purchase reinsurance and grant reinsurance as to any kind of insurance business in which the reciprocal insurer is authorized to engage.
Md. Code, Transportation § 3-302 — MD Code / Article gtr / Title 3 / Subtitle 3 / Section 3-302
§3–302.
Status: in_force

The purposes of this subtitle are to enable the counties of this State to:

(1) Accelerate programs of road construction and reconstruction;

(2) Provide local participating funds for federally aided transportation projects;

(3) Make major road repairs as necessary to eliminate damage caused to county roads by severe and unforeseen weather conditions; and

(4) Generally finance the capital cost of transportation facilities.
Md. Code, Commercial Law § 3-412 — MD Code / Article gcl / Title 3 / Subtitle 4 / Section 3-412
§3–412.
Status: in_force

The issuer of a note or cashier's check or other draft drawn on the drawer is obliged to pay the instrument (i) according to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder, or (ii) if the issuer signed an incomplete instrument, according to its terms when completed, to the extent stated in §§ 3-115 and 3-407. The obligation is owed to a person entitled to enforce the instrument or to an indorser who paid the instrument under § 3-415.
Md. Code, Courts and Judicial Proceedings § 3-704 — MD Code / Article gcj / Title 3 / Subtitle 7 / Section 3-704
§3–704.
Status: in_force

(a) On return of a writ of habeas corpus and production of a person and cause of his detention before a judge, the judge shall immediately inquire into the legality and propriety of the confinement or detention.

(b) If it appears to the judge that the person is detained without legal warrant or authority, he shall release or discharge the person immediately.

(c) If the judge considers the detention lawful and proper, the person shall be:

(1) Remanded to custody; or

(2) Admitted to bail.

(d) If the person is admitted to bail, the judge shall take a recognizance for his appearance in court and transmit it to a court having jurisdiction over the offense charged.
Md. Code, Human Services § 3-403.1 — MD Code / Article ghu / Title 3 / Subtitle 4 / Section 3-403.1
§3–403.
Status: reserved

§3–403.1.

(a) This section applies only to the Director of the Department of Social Services in Montgomery County who was a participant in the Montgomery County Retirement System.

(b) The Director of the Department of Social Services in Montgomery County who is transferred into the State Personnel Management System as an employee of the Social Services Administration of the Maryland Department of Human Services, may elect to:

(1) remain as a participant in the Montgomery County Retirement System; or

(2) become an enrollee in the Employees’ Pension System of the State of Maryland.

(c) (1) If the Director of the Department of Social Services in Montgomery County elects to remain as a participant in the Montgomery County Retirement System, the election remains in effect only as long as the employee remains employed by the Social Services Administration of the Maryland Department of Human Services.

(2) If the Director of the Department of Social Services in Montgomery County transfers to another position in State service, the employee shall become an enrollee of the Employees’ Pension System of the State of Maryland.

(3) (i) While the Director of the Department of Social Services in Montgomery County remains a participant in the Montgomery County Retirement System, the State central payroll bureau shall deduct from the Director’s biweekly salary an employee contribution that equals the Director’s salary multiplied by the required employee contribution rate as set forth in the Montgomery County Code.

(ii) The State shall pick up within the meaning of § 414(h)(2) of the Internal Revenue Code, the employee contributions deducted under subparagraph (i) of this paragraph.

(d) (1) Until the date that the Director of the Department of Social Services in Montgomery County leaves service in the Social Services Administration of the Maryland Department of Human Services, the Department of Human Services shall pay on a quarterly basis to the Montgomery County Retirement System:

(i) the amount deducted by the State central payroll bureau from the Director’s biweekly salary for that quarter as provided under subsection (c)(3) of this section; and

(ii) an employer contribution for that quarter equal to the total of the Director’s salary subject to a deduction under subsection (c)(3) of this section multiplied by the employer contribution rate determined by the Department of Human Services under paragraph (3) of this subsection.

(2) On or before May 15 of each year, the Chief Administrative Officer of Montgomery County shall certify to the Department of Human Services the employer and employee contribution rates for pension benefits determined for the Montgomery County Retirement System for the next fiscal year.

(3) If the employer contribution rate certified under paragraph (2) of this subsection is greater than the employer contribution rate paid by the State for State employees under the State Personnel Management System, the Department of Human Services may limit the employer contribution rate to the employer contribution rate paid by the State for State employees under the State Personnel Management System.

(e) (1) (i) The Director of the Department of Social Services in Montgomery County covered under this section who elects to remain in the Montgomery County Retirement System may receive employee health benefits equal to those received by employees under the Montgomery County Retirement System.

(ii) If the Director elects to receive health benefits under subparagraph (i) of this paragraph, the State shall reimburse Montgomery County each month an amount equal to the State’s contribution for those health benefits.

(2) (i) A retiree covered under this section who elects to remain in the Montgomery County Retirement System may receive retiree health benefits equal to those received by retirees under the Montgomery County Retirement System.

(ii) If a retiree elects to receive health benefits under subparagraph (i) of this paragraph, the State shall reimburse Montgomery County each month an amount equal to the State’s contribution for those health benefits.
Md. Code, Alcoholic Beverages and Cannabis § 3-405 — MD Code / Article gab / Title 3 / Subtitle 4 / Section 3-405
§3–405.
Status: in_force

(a) A protest against a license renewal may be made by at least 10 signatories who are:

(1) residents, commercial tenants who are not holders of or applicants for a license, or real estate owners; and

(2) located in the immediate vicinity of the licensed premises.

(b) (1) If a protest against renewing a license is filed at least 30 days before the license expires, the Executive Director may not approve the renewal without holding a hearing.

(2) The Executive Director shall hear and determine the protest in the same manner as the Executive Director hears and determines an original application.
Md. Code, Agriculture § 3-117 — MD Code / Article gag / Title 3 / Subtitle 1 / Section 3-117
§3–117.
Status: in_force

(a) In this section, “Fund” means the Animal Health Fund.

(b) There is an Animal Health Fund.

(c) The purpose of the Fund is to defray the Department’s cost of issuing orders or conducting site visits and animal testing to prevent the spread of contagious or infectious diseases.

(d) The Department shall administer the Fund.

(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.

(2) The Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(f) The Fund consists of:

(1) Administrative penalties distributed to the Fund under § 3-116(c) of this subtitle;

(2) Money appropriated in the State budget to the Fund;

(3) Any investment earnings of the Fund; and

(4) Any other money from any other source accepted for the benefit of the Fund.

(g) The Fund may be used only for defraying the Department’s cost of issuing orders or conducting site visits and animal testing to prevent the spread of contagious or infectious diseases.

(h) (1) The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(2) Any investment earnings of the Fund shall be credited to the Fund.

(i) Expenditures from the Fund may be made only in accordance with the State budget.
Md. Code, General Provisions § 3-213 — MD Code / Article ggp / Title 3 / Subtitle 2 / Section 3-213
§3–213.
Status: in_force

(a) This section does not apply to a public body that is:

(1) in the Judicial Branch of State government; or

(2) subject to governance by rules adopted by the Supreme Court of Maryland.

(b) Each public body shall designate at least one individual who is an employee, an officer, or a member of the public body to receive training on the requirements of the open meetings law.

(c) Within 90 days after being designated under subsection (b) of this section, an individual shall complete a class on the open meetings law.

(d) (1) This subsection applies only to a public body that meets in a closed session on or after October 1, 2017.

(2) A public body may not meet in a closed session unless the public body has designated at least one member of the public body to receive training on the requirements of the open meetings law.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, at least one individual designated under paragraph (2) of this subsection shall be present at each open meeting of the public body.

(ii) If an individual designated under paragraph (2) of this subsection cannot be present at an open meeting of the public body, the public body shall complete the Compliance Checklist for Meetings Subject to the Maryland Open Meetings Act developed by the Office of the Attorney General and include the completed checklist in the minutes for the meeting.
Md. Code, Transportation § 3-502 — MD Code / Article gtr / Title 3 / Subtitle 5 / Section 3-502
§3–502.
Status: in_force

The purpose of this subtitle is to authorize the Department and the counties to establish a financing program, as an alternative to Subtitle 3 of this title, that will enable the counties to finance the cost of transportation facilities without the issuance of State or departmental debt.
Md. Code, Commercial Law § 3-406 — MD Code / Article gcl / Title 3 / Subtitle 4 / Section 3-406
§3–406.
Status: in_force

(a) A person whose failure to exercise ordinary care substantially contributes to an alteration of an instrument or to the making of a forged signature on an instrument is precluded from asserting the alteration or the forgery against a person who, in good faith, pays the instrument or takes it for value or for collection.

(b) Under subsection (a), if the person asserting the preclusion fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss, the loss is allocated between the person precluded and the person asserting the preclusion according to the extent to which the failure of each to exercise ordinary care contributed to the loss.

(c) Under subsection (a), the burden of proving failure to exercise ordinary care is on the person asserting the preclusion. Under subsection (b), the burden of proving failure to exercise ordinary care is on the person precluded.
Md. Code, Business Regulation § 3-310 — MD Code / Article gbr / Title 3 / Subtitle 3 / Section 3-310
§3–310.
Status: in_force

The Board shall submit to the Commissioner, with each recommendation for a regulation, a report that:

(1) explains the need for the regulation; and

(2) summarizes the information available to the Board, including:

(i) testimony that was presented at any public hearing; and

(ii) technical information.
Md. Code, Criminal Procedure § 3-111 — MD Code / Article gcp / Title 3 / Subtitle 1 / Section 3-111
§3–111.
Status: in_force

(a) If a defendant has entered a plea of not criminally responsible, the court may order the Health Department to examine the defendant to determine whether the defendant was not criminally responsible under § 3-109 of this title and whether the defendant is competent to stand trial.

(b) (1) If a defendant is to be held in custody for examination under this section, the defendant shall be confined in a correctional facility until the Health Department can do the examination. If the court finds it appropriate for the health or safety of the defendant, the court may order confinement:

(i) in a medical wing or other isolated and secure unit of the correctional facility; or

(ii) if a medical wing or other secure unit is not available, in a medical facility that the Secretary of the Health Department designates as appropriate.

(2) (i) When the Health Department can do the examination, a court unit shall take the defendant to the evaluation facility that the Health Department designates.

(ii) After the examination, unless the Health Department retains the defendant, a court unit shall return the defendant to the place of confinement.

(c) If a court orders an examination under this section:

(1) the Health Department shall:

(i) examine the defendant; and

(ii) send a report of its opinions to the court, the State’s Attorney, the defendant, and the defense counsel;

(2) the defendant is entitled to have the report within 60 days after the court orders the examination. However, failure of the Health Department to send the complete report within that time is not, of itself, grounds for dismissal of the charges; and

(3) for good cause shown, the court may extend the time for examination or order an additional examination.
Md. Code, Labor and Employment § 3-1208 — MD Code / Article gle / Title 3 / Subtitle 12 / Section 3-1208
§3–1208.
Status: in_force

(a) If an employer violates this subtitle, an affected employee may bring an action against the employer to recover damages equal to the amount of any wages, salary, employment benefits, or other compensation denied or lost.

(b) If a court determines that an employee is entitled to judgment in an action under this section, the court shall allow against the employer reasonable attorney’s fees and other costs of the action.

(c) Notwithstanding any other provision of law, a supervisory employee of an employer may not be personally liable for a violation of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 3-402 — MD Code / Article gab / Title 3 / Subtitle 4 / Section 3-402
§3–402.
Status: in_force

To renew a license, the license holder annually shall file a written application, under oath, with the Executive Director.
Md. Code, Transportation § 3-517 — MD Code / Article gtr / Title 3 / Subtitle 5 / Section 3-517
§3–517.
Status: in_force

(a) Before it sells any bonds under this subtitle, the Department shall enter into an agreement with each participating county as required by this section.

(b) The agreement shall:

(1) Specify that the bonds to be issued on behalf of the county will be repaid by the county under such terms and conditions as the Department and the counties deem appropriate;

(2) Describe the source and nature of revenues the county will pledge to the repayment of the bonds, which revenues may include highway user revenues under § 8-401 of this article or any other revenues of the county; and

(3) Describe any other terms or conditions that the Department deems necessary or appropriate to assure prompt and full repayment of the bonds.

(c) The Department may pledge or assign all or a portion of its rights under agreements made pursuant to this section to guarantee repayment of bonds.

(d) (1) In order to enhance the security or the marketability of the bonds, a county may agree with the Department to pledge any moneys that the county is entitled to receive from the county’s share of highway user revenues, but a county may not pledge moneys that are pledged or dedicated to another purpose by State law.

(2) In the event of such pledge, the State Comptroller and the State Treasurer may cause in accordance with the terms of such agreement such moneys to be paid to the Department or any trustee designated by the Department.
Md. Code, State Government § 3-302 — MD Code / Article gsg / Title 3 / Subtitle 3 / Section 3-302
§3–302.
Status: in_force

The Governor is the head of the Executive Branch of the State government and, except as otherwise provided by law, shall supervise and direct the officers and units in that Branch.
Md. Code, Alcoholic Beverages and Cannabis § 3-406 — MD Code / Article gab / Title 3 / Subtitle 4 / Section 3-406
§3–406.
Status: in_force

(a) The Executive Director:

(1) may not renew a license if the Executive Director determines that the license holder is not qualified to obtain a license renewal; but

(2) shall issue to the license holder by way of renewal the class or type of license for which the Executive Director determines the license holder is qualified.

(b) (1) Subject to paragraph (2) of this subsection, the Executive Director shall deny a license renewal application if during the license year the license holder was convicted of a State or federal offense that, in the judgment of the Executive Director, renders the license holder unfit or unqualified to obtain a renewed license.

(2) The Executive Director:

(i) shall hold a public hearing before renewing a license under the circumstances described in paragraph (1) of this subsection; and

(ii) may inquire into all relevant facts and circumstances concerning the offense at the hearing.
Md. Code, Housing and Community Development § 3-104 — MD Code / Article ghs / Title 3 / Subtitle 1 / Section 3-104
§3–104.
Status: in_force

The Division shall administer each program assigned to the Division by law or by the Secretary.
Md. Code, Courts and Judicial Proceedings § 3-410 — MD Code / Article gcj / Title 3 / Subtitle 4 / Section 3-410
§3–410.
Status: in_force

In any proceeding under this subtitle the court may make such award of costs as may seem equitable and just.
Md. Code, Commercial Law § 3-308 — MD Code / Article gcl / Title 3 / Subtitle 3 / Section 3-308
§3–308.
Status: in_force

(a) In an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incompetent at the time of trial of the issue of validity of the signature. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instrument, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person under § 3-402(a).

(b) If the validity of signatures is admitted or proved and there is compliance with subsection (a), a plaintiff producing the instrument is entitled to payment if the plaintiff proves entitlement to enforce the instrument under § 3-301, unless the defendant proves a defense or claim in recoupment. If a defense or claim in recoupment is proved, the right to payment of the plaintiff is subject to the defense or claim, except to the extent the plaintiff proves that the plaintiff has rights of a holder in due course which are not subject to the defense or claim.
Md. Code, Health - General § 3-301 — MD Code / Article ghg / Title 3 / Subtitle 3 / Section 3-301
§3–301.
Status: in_force

(a) There is a health officer for each county.

(b) Subsection (a) of this section does not prevent an individual from serving as a health officer for more than 1 county.
Md. Code, Courts and Judicial Proceedings § 3-8A-19.3 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-19.3
§3–8A–19.
Status: in_force

§3–8A–19.3.

(a) A copy of the peace order shall be served on the victim, the respondent, the appropriate law enforcement agency, and any other person the court determines is appropriate, in open court or, if the person is not present at the peace order hearing, by first-class mail to the person’s last known address.

(b) (1) A copy of the peace order served on the respondent in accordance with subsection (a) of this section constitutes actual notice to the respondent of the contents of the peace order.

(2) Service is complete upon mailing.
Md. Code, Health - General § 3-405 — MD Code / Article ghg / Title 3 / Subtitle 4 / Section 3-405
§3–405.
Status: in_force

(a) The Department shall establish and administer a training program for registered nurses.

(b) The training program shall be jointly developed and annually reviewed to ensure compliance with current prescribing standards by:

(1) The Department;

(2) The State Board of Nursing; and

(3) The State Board of Pharmacy.
Md. Code, Correctional Services § 3-409 — MD Code / Article gcs / Title 3 / Subtitle 4 / Section 3-409
§3–409.
Status: in_force

(a) (1) An incarcerated individual who willfully violates the conditions of the incarcerated individual’s placement in the program is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year.

(2) Notwithstanding § 9–104 of this article, a sentence under this subsection may be to the jurisdiction of the Division.

(b) Commission of any crime by an incarcerated individual constitutes a violation of the conditions of the incarcerated individual’s placement in the program.

(c) An incarcerated individual who knowingly violates § 3–406 of this subtitle is guilty of escape and on conviction is subject to the penalties of § 9–404 of the Criminal Law Article.
Md. Code, Natural Resources § 3-116 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-116
§3–116.
Status: in_force

The Service, by resolution adopted by a majority of the Board, may:

(1) Issue, prior to the preparation of definitive bonds, interim receipts or temporary bonds exchangeable for definitive bonds when these bonds have been executed and are available for delivery;

(2) Issue and sell its bond anticipation notes, revenue anticipation notes, or grant anticipation notes the principal of and interest on these notes to be made payable to the bearer or registered holder out of the first proceeds of the sale of any bonds, revenues or grants, as the case may be, issued under this subtitle, or from any other available money of the Service, but the authorizing resolution may make provision for the issuance of bond anticipation notes in series as funds are required and for the renewal of these notes at maturity, with or without resale. The issuance of notes and the details thereof, the rights of the holders, and the rights, duties, and obligations of the Service in respect thereto, are governed by the provisions of this title relating to bonds, insofar as these provisions may be applicable. A grant anticipation note may be issued or sold only after receipt of written commitment of the federal or State government or agency making the grant; and

(3) Issue and sell its revenue bonds or notes for the purpose of borrowing money to lend to any person or municipality for the accomplishment by such person or municipality of a project or projects. The principal of and interest on the bonds or notes may be made payable out of:

(i) The revenues received by the Service from such person or municipality or otherwise received in connection with such project;

(ii) Any property pledged or mortgaged as security for such bonds or notes; or

(iii) Any other sources designated by the Service. The authorizing resolution may make provision for the issuance of such bonds or notes in series as funds are required. The issuance of bonds or notes and the details of the issuance, the rights of the holders of the bonds or notes, and the rights, duties, and obligations of the Service of the bonds and notes shall be governed by the provisions of this subtitle relating to bonds insofar as those provisions are applicable. The Service may make or approve such provisions in connection with the issuance of the bonds or notes authorized by this subsection, including the security for such bonds or notes, the priority of the bonds or notes with regard to such security (which priority may be senior, or subordinated to, or on a parity with, other obligations) as the Service may deem necessary or appropriate to effectuate the acquisition, construction, or provision of a project by any person or municipality. However, the Service does not have power to take any action in connection with the issuance of bonds or notes pursuant to this paragraph which would create any obligation on the part of any municipality without the consent of the municipality to the obligation.
Md. Code, Alcoholic Beverages and Cannabis § 3-203 — MD Code / Article gab / Title 3 / Subtitle 2 / Section 3-203
§3–203.
Status: in_force

(a) A statewide license shall be on the form that the Executive Director provides.

(b) The Executive Director shall number each statewide license.
Md. Code, Natural Resources § 3-204 — MD Code / Article gnr / Title 3 / Subtitle 2 / Section 3-204
§3–204.
Status: in_force

(a) The trustees shall elect from among the elected membership a chair, secretary, and other officers as they determine.

(b) The trustees shall meet at least four times a year at places and on dates they determine.

(c) The chair may call other meetings, and must call one at the request of six or more trustees.

(d) The secretary shall notify in writing every trustee of the time and place of every meeting at least seven days in advance of the meeting, except that meetings may be held on shorter notice if all trustees agree.

(e) Ten trustees constitute a quorum to conduct business.

(f) If at any time there is no director, the chair shall assume the director’s duties and powers.

(g) The chair with the consent of the trustees may appoint an advisory council.
Md. Code, Business Occupations and Professions § 3-603 — MD Code / Article gbo / Title 3 / Subtitle 6 / Section 3-603
§3–603.
Status: in_force

Unless authorized under this title to practice architecture, a person may not represent to the public, by use of a title, including “architect”, “licensed architect”, or “registered architect”, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice architecture in the State.
Md. Code, Correctional Services § 3-216 — MD Code / Article gcs / Title 3 / Subtitle 2 / Section 3-216
§3–216.
Status: in_force

(a) The Commissioner shall designate correctional officers employed in each correctional facility in the Division who have the power to make arrests under § 2–207 of the Criminal Procedure Article.

(b) A correctional officer who is authorized to make arrests under § 2–207 of the Criminal Procedure Article shall:

(1) meet the minimum qualifications required by the Maryland Police Training and Standards Commission; and

(2) complete satisfactorily the training prescribed by the Maryland Police Training and Standards Commission.
Md. Code, Labor and Employment § 3-1402 — MD Code / Article gle / Title 3 / Subtitle 14 / Section 3-1402
§3–1402.
Status: in_force

(a) Subject to subsection (b) of this section, an eligible employee is entitled to the following unpaid organ donation leave:

(1) up to 60 business days in any 12–month period to serve as an organ donor; and

(2) up to 30 business days in any 12–month period to serve as a bone marrow donor.

(b) To receive organ donation leave, the eligible employee shall provide written physician verification to the employer that:

(1) the eligible employee is an organ donor or a bone marrow donor; and

(2) there is a medical necessity for the donation of the organ or bone marrow.

(c) Organ donation leave may not be taken concurrently with any leave taken under the federal Family and Medical Leave Act.
Md. Code, Corporations and Associations § 3-507 — MD Code / Article gca / Title 3 / Subtitle 5 / Section 3-507
§3–507.
Status: in_force

(a) The charter of any corporation which is forfeited for nonpayment of taxes, unemployment insurance contributions, or reimbursement payments or failure to file an annual report may be revived in the manner provided in this section.

(b) (1) Any two of the last acting officers of the corporation shall sign and acknowledge articles of revival and file them for record with the Department.

(2) If the officers authorized to sign and acknowledge the articles of revival are unable or unwilling to do so, the lesser of a majority or 3 of the last acting directors of the corporation may sign and acknowledge them.

(3) If there are less than the required number of directors of the corporation able and willing to sign and acknowledge the articles:

(i) Any director or stockholder may call a meeting of the stockholders by giving notice in the manner required by Title 2 of this article, stating the purpose of the meeting; and

(ii) The stockholders or their successors in interest present at the meeting in person or by proxy, whether or not sufficient to constitute a quorum, may elect a board consisting of the lesser of the number of directors required by the charter and bylaws of the corporation, or 3 directors, who may sign and acknowledge the articles and do all acts necessary and proper to revive the charter of the corporation.
Md. Code, Criminal Law § 3-202 — MD Code / Article gcr / Title 3 / Subtitle 2 / Section 3-202
§3–202.
Status: in_force

(a) In this section, “strangling” means impeding the normal breathing or blood circulation of another person by applying pressure to the other person’s throat or neck.

(b) (1) A person may not intentionally cause or attempt to cause serious physical injury to another.

(2) A person may not commit an assault with a firearm, including:

(i) a handgun, antique firearm, rifle, shotgun, short–barreled shotgun, or short–barreled rifle, as those terms are defined in § 4–201 of this article;

(ii) an assault pistol, as defined in § 4–301 of this article;

(iii) a machine gun, as defined in § 4–401 of this article; and

(iv) a regulated firearm, as defined in § 5–101 of the Public Safety Article.

(3) A person may not commit an assault by intentionally strangling another.

(c) A person who violates this section is guilty of the felony of assault in the first degree and on conviction is subject to imprisonment not exceeding 25 years.
Md. Code, Public Safety § 3-606 — MD Code / Article gps / Title 3 / Subtitle 6 / Section 3-606
§3–606.
Status: in_force

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

(2) “Law enforcement agency” means a State, county, or municipal police department or agency, or a sheriff’s department.

(3) “Missing suspect” means an individual:

(i) whose whereabouts are unknown;

(ii) who is suspected of violating § 27–113 of the Transportation Article; and

(iii) whose vehicle the reporting law enforcement agency is able to describe, including any information about the vehicle’s registration plate.

(b) (1) The Department of State Police shall establish a Yellow Alert Program to provide a system for rapid dissemination of information to assist in locating and apprehending a missing suspect.

(2) The Department of State Police shall:

(i) adopt guidelines and develop procedures for issuing a Yellow Alert for a missing suspect;

(ii) provide training to local law enforcement agencies on the guidelines and procedures to be used to make and handle a report of a missing suspect;

(iii) provide assistance to a local law enforcement agency, as necessary, to assist in the location and apprehension of a missing suspect;

(iv) recruit public and commercial television and radio broadcasters, local volunteer groups, and other members of the public to assist in developing and implementing a Yellow Alert; and

(v) consult with the State Highway Administration to establish a plan for providing information relating to a Yellow Alert to the public through the dynamic message sign system located across the State.

(c) A law enforcement officer or agency that apprehends a missing suspect who is the subject of a Yellow Alert immediately shall notify the Department of State Police and the law enforcement agency that filed the report resulting in the Yellow Alert that the missing suspect has been apprehended.
Md. Code, Public Utilities § 3-208 — MD Code / Article gpu / Title 3 / Subtitle 2 / Section 3-208
§3–208.
Status: in_force

(a) (1) Any party may introduce new evidence on judicial review.

(2) If the evidence presented on judicial review is materially different from the evidence presented at the hearing before the Commission, the court shall:

(i) unless all parties stipulate in writing to the contrary, refer a transcript of the new evidence to the Commission; and

(ii) stay the proceedings for a period of time that the court considers appropriate.

(b) (1) On receipt of a transcript in accordance with subsection (a)(2)(i) of this section, the Commission may modify its findings based on the new evidence.

(2) Within a period of time that the court specifies, the Commission shall file with the court a report of any action taken based on the new evidence.

(c) (1) If, on referral, the Commission rescinds the action on which the appeal was taken, the court shall dismiss the appeal and any modification made by the Commission shall stand in place of the original action.

(2) If, on referral, the Commission does not rescind or modify the original action, the court shall render judgment on the original order.

(d) Further evidence may not be introduced in the reviewing court after referral to the Commission under this section unless the court finds that serious injustice would otherwise result from the failure to allow the introduction of the new evidence.

(e) The provisions of § 3-110(c) of this title relating to incriminating testimony apply to proceedings for judicial review under this subtitle.
Md. Code, Courts and Judicial Proceedings § 3-229 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-229
§3–229.
Status: in_force

(a) Notwithstanding the death of a party who made a written agreement to submit a controversy to arbitration, the arbitration proceedings may begin or continue if an application has been filed by or notice given to his personal representative.

(b) If a guardian has been appointed, the proceedings may be continued:

(1) Upon the application of the guardian; or

(2) Upon the notice to the guardian.

(c) Upon the death or incompetence of a party, the court may extend the time within which a petition to confirm, vacate, or modify the award, or to stay arbitration, must be made.

(d) If a party dies after an award was delivered, the subsequent proceedings are the same as where a party dies after a verdict.
Md. Code, Natural Resources § 3-925 — MD Code / Article gnr / Title 3 / Subtitle 9 / Section 3-925
§3–925.
Status: in_force

The provisions of this subtitle are severable, and if any of its provisions are held unconstitutional by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions.
Md. Code, Correctional Services § 3-207 — MD Code / Article gcs / Title 3 / Subtitle 2 / Section 3-207
§3–207.
Status: in_force

(a) On or before October 31 of each year, the Commissioner shall submit an annual report to the Secretary and the Governor that states, for each correctional facility in the Division:

(1) its expenses, receipts, disbursements, condition, and progress;

(2) the number of incarcerated individuals and each incarcerated individual’s age, sex, race, place of conviction, crime, and term of confinement;

(3) the number of incarcerated individuals who escape, are pardoned, or discharged;

(4) the job classifications for incarcerated individual labor in each department and facility under the authority of the Division;

(5) the daily wage scale at each prison for each job classification under the authority of the Division;

(6) the total number of incarcerated individuals currently employed at facilities under the authority of the Division, disaggregated by facility;

(7) the annual cost of living for incarcerated individuals, including the average cost of:

(i) telephone calls, including calls to medical providers;

(ii) video calls; and

(iii) items available for purchase at a commissary, including:

1. feminine hygiene products;

2. toiletries; and

3. medications; and

(8) any remarks and suggestions the Commissioner considers necessary to advance the interests of the correctional facility.

(b) The Commissioner shall submit with the report required by subsection (a) of this section a statement similar to the statement that is required to be submitted under § 3–206 of this subtitle.

(c) The Commissioner shall verify the report and statement required by this section.

(d) Subject to § 2–1257 of the State Government Article, the Governor shall submit to the General Assembly the report and statement required under this section and any recommendations that the Governor considers expedient.
Md. Code, General Provisions § 3-103 — MD Code / Article ggp / Title 3 / Subtitle 1 / Section 3-103
§3–103.
Status: in_force

(a) Except as provided in subsection (b) of this section and § 3–104 of this subtitle, this title does not apply to:

(1) a public body when it is carrying out:

(i) an administrative function;

(ii) a judicial function; or

(iii) a quasi–judicial function; or

(2) a chance encounter, a social gathering, or any other occasion that is not intended to circumvent this title.

(b) This title applies to a public body when it is meeting to consider:

(1) granting a license or permit; or

(2) a special exception, variance, conditional use, or zoning classification, the enforcement of any zoning law or regulation, or any other zoning matter.
Md. Code, Corporations and Associations § 3-116 — MD Code / Article gca / Title 3 / Subtitle 1 / Section 3-116
§3–116.
Status: in_force

A Maryland corporation which consolidates, merges, or transfers its assets waives all claim to any exemption from:

(1) Taxation granted by its charter; and

(2) Repeal or modification of its charter.
Md. Code, Public Safety § 3-520 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-520
§3–520.
Status: in_force

Each local law enforcement agency shall collaborate with the local school system to establish policies for responding to an emergency at each public school within its jurisdiction.
Md. Code, Courts and Judicial Proceedings § 3-2A-06B — MD Code / Article gcj / Title 3 / Subtitle 2A / Section 3-2A-06B
§3–2A–06B.
Status: reserved

(a) Arbitration of a claim with the Health Care Alternative Dispute Resolution Office may be waived by the claimant or any defendant in accordance with this section, and the provisions of this section shall govern all further proceedings on any claim for which arbitration has been waived under this section.

(b) (1) Subject to the time limitation under subsection (d) of this section, any claimant may waive arbitration at any time after filing the certificate of qualified expert required by § 3-2A-04(b) of this subtitle by filing with the Director a written election to waive arbitration signed by the claimant or the claimant’s attorney of record in the arbitration proceeding.

(2) The claimant shall serve the written election on all other parties to the claim in accordance with the Maryland Rules.

(3) If the claimant waives arbitration under this subsection, all defendants shall comply with the requirements of § 3-2A-04(b) of this subtitle by filing their certificates at the Health Care Alternative Dispute Resolution Office or, after the election, in the appropriate circuit court or United States District Court.

(c) (1) Subject to the time limitation under subsection (d) of this section, any defendant may waive arbitration at any time after the claimant has filed the certificate of qualified expert required by § 3-2A-04(b) of this subtitle by filing with the Director a written election to waive arbitration signed by the defendant or the defendant’s attorney of record in the arbitration proceeding.

(2) The defendant shall serve the written election on all other parties to the claim in accordance with the Maryland Rules.

(3) If a defendant waives arbitration under this subsection, the defendant shall comply with the requirements of § 3-2A-04(b) of this subtitle by filing the certificate at the Health Care Alternative Dispute Resolution Office, or, after the election, in the appropriate circuit court or United States District Court.

(d) (1) A waiver of arbitration by any party under this section may be filed not later than 60 days after all defendants have filed a certificate of qualified expert under § 3-2A-04(b) of this subtitle.

(2) Any waiver of arbitration after the date specified in paragraph (1) of this subsection shall be in accordance with the provisions of § 3-2A-06A of this subtitle.

(e) After filing, the written election shall be binding upon all parties.

(f) (1) Within 60 days after the filing of an election to waive arbitration by any party, the plaintiff shall file a complaint and a copy of the election to waive arbitration in the appropriate circuit court or the United States District Court.

(2) After filing the complaint, the plaintiff shall serve a summons and a copy of the complaint upon all defendants or the attorney of record for all parties in the health claims arbitration proceeding.

(3) Failure to file a complaint within 60 days of filing the election to waive arbitration may constitute grounds for dismissal of the complaint upon:

(i) A motion by an adverse party; and

(ii) A finding of prejudice to the adverse party due to the delay in the filing of the complaint.

(g) After the filing of an election to waive arbitration under this section, if a party joins an additional health care provider as a defendant in an action, the party shall file a certificate of qualified expert required by § 3-2A-04(b) of this subtitle with respect to the additional health care provider.

(h) In any case subject to this section, the procedures of § 3-2A-06(f) of this subtitle shall apply.

(i) (1) If the parties mutually agree to a neutral case evaluation, the circuit court or United States District Court, to which the case has been transferred after the waiver of arbitration, may refer the case to the Health Care Alternative Dispute Resolution Office not later than 6 months after a complaint is filed under subsection (c) of this section.

(2) (i) On receipt of the case, the Director shall send to the parties a list of six attorneys who:

1. Meet the qualifications listed in § 3-2A-03(c)(3) of this subtitle; and

2. Have tried at least three health care malpractice cases.

(ii) Each party may strike two names from the list.

(iii) If the claim is against more than one health care provider, whether directly by a claimant or as a result of a third-party claim, the health care providers claimed against shall be treated as a single party and shall exercise their strikes jointly.

(iv) If there is more than one claimant, the claimants shall be treated as a single party and shall exercise their strikes jointly.

(v) If multiple claimants or multiple health care providers fail to agree on their strikes or fail to return their strike list to the Director within the time specified in paragraph (vi) of this subsection, the Director shall make the strikes on their behalf.

(vi) The strikes shall be submitted to the Director within 10 days after delivery of the list.

(vii) The Director shall appoint an evaluator from the unstricken names on the list.

(3) Upon appointment, the evaluator shall schedule a neutral case evaluation session to be held within 45 days after the appointment to pursue the neutral case evaluation of the claim or to resolve any issues to which the parties agree to stipulate before trial.

(4) Within 10 days after the neutral case evaluation session, the evaluator shall notify, in writing, the Director and the circuit court or United States District Court of the results of the neutral case evaluation.

(5) (i) During the neutral case evaluation period, the circuit court or United States District Court shall continue to have jurisdiction to rule on any motions or discovery matters.

(ii) The neutral case evaluation may not interfere with the scheduled trial.

(6) (i) The evaluator shall be paid in accordance with § 3-2A-03(d) of this subtitle.

(ii) Unless otherwise agreed by the parties, the cost of neutral case evaluation, which may not exceed $300 per case, shall be divided equally between the parties.
Md. Code, Election Law § 3-503 — MD Code / Article gel / Title 3 / Subtitle 5 / Section 3-503
§3–503.
Status: in_force

(a) If a voter fails to respond to a confirmation notice under § 3–502(c) of this subtitle, the voter’s name shall be placed into inactive status on the statewide voter registration list.

(b) A voter shall be restored to active status on the statewide voter registration list after completing and signing any of the following election documents:

(1) a voter registration application;

(2) a petition governed by Title 6 of this article;

(3) a certificate of candidacy;

(4) an absentee ballot application; or

(5) a written affirmation of residence completed on election day to entitle the voter to vote either at the election district or precinct for the voter’s current residence or the voter’s previous residence, as determined by the State Board.

(c) An inactive voter who fails to vote in an election in the period ending with the second general election shall be removed from the statewide voter registration list.

(d) Registrants placed into inactive status may not be counted for official administrative purposes including establishing precincts and reporting official statistics.
Md. Code, Insurance § 3-114 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-114
§3–114.
Status: in_force

(a) A domestic stock insurer or domestic mutual insurer may:

(1) issue any or all of its policies with or without participation in profits, savings, or unabsorbed parts of premiums;

(2) classify policies issued on a participating and nonparticipating basis; and

(3) determine the right to participate and the extent of participation of any class of policies.

(b) The classification of policies or determination of participation under subsection (a) of this section shall be reasonable and may not discriminate unfairly between policyholders within the same classifications.

(c) A life insurer may issue both participating and nonparticipating policies only if the right or absence of the right to participate is reasonably related to the premium charged.
Md. Code, Correctional Services § 3-702 — MD Code / Article gcs / Title 3 / Subtitle 7 / Section 3-702
§3–702.
Status: in_force

(a) Subject to subsections (b) and (c) of this section, § 3–711 of this subtitle, and Title 7, Subtitle 5 of this article, an incarcerated individual committed to the custody of the Commissioner is entitled to a diminution of the incarcerated individual’s term of confinement as provided under this subtitle.

(b) (1) Subject to paragraph (2) of this subsection, an incarcerated individual who is serving a sentence for a violation of § 3–303 or § 3–304 of the Criminal Law Article involving a victim who is a child under the age of 16 years, or an incarcerated individual who is serving a sentence for a violation of § 3–305 or § 3–306 of the Criminal Law Article, as the sections existed before October 1, 2017, involving a victim who is a child under the age of 16 years, is not entitled to a diminution of the incarcerated individual’s term of confinement as provided under this subtitle.

(2) An incarcerated individual who is serving a sentence for a violation of § 3–303 of the Criminal Law Article that occurred on or after October 1, 2024, is not entitled to a diminution of the incarcerated individual’s term of confinement as provided under this subtitle.

(c) An incarcerated individual who is serving a sentence for a violation of § 3–307 of the Criminal Law Article involving a victim who is a child under the age of 16 years is not entitled to a diminution of the incarcerated individual’s term of confinement as provided under this subtitle, if the incarcerated individual was previously convicted of a violation of § 3–307 of the Criminal Law Article involving a victim who is a child under the age of 16 years.
Md. Code, Criminal Law § 3-204 — MD Code / Article gcr / Title 3 / Subtitle 2 / Section 3-204
§3–204.
Status: in_force

(a) A person may not recklessly:

(1) engage in conduct that creates a substantial risk of death or serious physical injury to another; or

(2) discharge a firearm from a motor vehicle in a manner that creates a substantial risk of death or serious physical injury to another.

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

(c) (1) Subsection (a)(1) of this section does not apply to conduct involving:

(i) the use of a motor vehicle, as defined in § 11-135 of the Transportation Article; or

(ii) the manufacture, production, or sale of a product or commodity.

(2) Subsection (a)(2) of this section does not apply to:

(i) a law enforcement officer or security guard in the performance of an official duty; or

(ii) an individual acting in defense of a crime of violence as defined in § 5-101 of the Public Safety Article.
Md. Code, Courts and Judicial Proceedings § 3-210 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-210
§3–210.
Status: in_force

An order for arbitration shall not be refused or an arbitration proceeding stayed:

(1) On the ground that the claim in issue lacks merit or bona fides; or

(2) Because a valid basis for the claim sought to be arbitrated has not been shown.
Md. Code, Insurance § 3-221 — MD Code / Article gin / Title 3 / Subtitle 2 / Section 3-221
§3–221.
Status: in_force

(a) A domestic reciprocal insurer may merge with another reciprocal insurer or be converted to a stock insurer or mutual insurer if:

(1) at least two-thirds of the subscribers who vote on the merger or conversion after notice vote in favor of the merger or conversion; and

(2) the Commissioner approves the terms of the merger or conversion.

(b) The Commissioner may not approve a plan for merger or conversion unless:

(1) the plan is equitable to subscribers; and

(2) for conversion to a stock insurer, the plan gives each subscriber:

(i) preferential right to acquire stock of the proposed stock insurer proportionate to the subscriber's interest in the reciprocal insurer; and

(ii) a reasonable length of time to exercise the preferential right.

(c) If a domestic reciprocal insurer converts to a stock insurer or mutual insurer, the successor stock insurer or mutual insurer is subject to the same capital or surplus requirements and has the same rights as a like domestic insurer that transacts like kinds of insurance business.
Md. Code, Courts and Judicial Proceedings § 3-8A-16.1 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-16.1
§3–8A–16.
Status: in_force

§3–8A–16.1.

(a) After a petition has been filed with the court under this subtitle, but before an adjudication, the court may order the child to undergo blood lead level testing.

(b) A copy of the results of a test performed under subsection (a) of this section shall be provided to:

(1) The child;

(2) The child’s parent or guardian;

(3) The child’s counsel; and

(4) The State’s Attorney.
Md. Code, Labor and Employment § 3-704 — MD Code / Article gle / Title 3 / Subtitle 7 / Section 3-704
§3–704.
Status: in_force

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

(2) “Managerial employee” means an employee who:

(i) is not covered by a collective bargaining agreement;

(ii) as primary duty of the employee, manages an enterprise or a unit of the enterprise that customarily is considered a department or subdivision of the enterprise;

(iii) customarily and regularly supervises at least 2 other employees in the enterprise or unit;

(iv) customarily and regularly exercises discretionary powers; and

(v) may hire or fire another employee or makes recommendations that affect the hiring, advancement, firing, or any other change in status of another employee.

(3) “Part–time employee” means an employee who is employed for a workweek of less than 25 hours.

(4) “Professional employee” means an employee whose primary duty is to work in a field that requires advanced knowledge that customarily is acquired by a prolonged course of specialized instruction and study.

(b) (1) This subsection does not apply during an emergency that a federal, State, or local governmental authority declares.

(2) An employee in a retail establishment may choose, as a day of rest, Sunday or the sabbath of the employee unless:

(i) outside Wicomico County, the employee is a managerial employee, professional employee, or part–time employee; and

(ii) in Wicomico County, the employee is a managerial employee or professional employee.

(3) An employee who chooses a day of rest:

(i) shall give written notice to the employer; and

(ii) during the course of employment, may change the day of rest by giving written notice of the change to the employer at least 30 days before its effective date.

(c) (1) This subsection does not apply to a managerial employee or professional employee or, outside Wicomico County, a part–time employee.

(2) If an employer compels an employee to work on the day of rest that the employee chooses under subsection (b) of this section, the employee is entitled to bring an action against the employer to recover 3 times the regular rate of pay of the employee for each hour the employee works on that day.

(d) This section may not be applied to abridge any right that a collective bargaining agreement grants to a part–time employee or other employee.

(e) This section does not affect the laws that relate to:

(1) the sale of alcoholic beverages on Sunday; or

(2) service of process on Sunday.

(f) An employer may not:

(1) discharge, discipline, discriminate against, or otherwise penalize an employee who chooses a day of rest; or

(2) require an applicant for employment who seeks a workweek of at least 25 hours to answer any question to identify the day that the applicant chooses as a day of rest.

(g) (1) Whenever the Commissioner determines that this section has been violated, the Commissioner shall:

(i) try to resolve any issue involved in the violation informally by mediation; or

(ii) ask the Attorney General to bring an action on behalf of the applicant or employee.

(2) The Attorney General may bring an action under this subsection in the county where the violation allegedly occurred for injunctive relief, damages, or other relief.

(h) (1) This subsection does not apply to an agent or supervisory employee of an employer who violates any provision of this section if the employer authorizes, directs, or otherwise causes the agent or supervisory employee to violate the provision.

(2) Outside Wicomico County, an employer who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine of not less than $250 or more than $500.

(3) In Wicomico County, a person who violates any provision of this section is guilty of a misdemeanor and on conviction, for each employee who is caused, directed, permitted, or authorized to work:

(i) for a first conviction, is subject to a fine not exceeding $500; and

(ii) for a second conviction, is subject to a fine not exceeding $1,000.

(i) In Wicomico County, the State’s Attorney may file a complaint to enjoin a violation of this section.
Md. Code, Health Occupations § 3-305 — MD Code / Article gho / Title 3 / Subtitle 3 / Section 3-305
§3–305.
Status: in_force

(a) Subject to the provisions of this section, the Board may waive any applicable examination requirement of this title for an individual who is licensed to practice chiropractic or to practice chiropractic with the right to practice physical therapy in any other state.

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

(1) Pays the license fee required by § 3-306 of this subtitle; and

(2) Provides adequate evidence that the applicant:

(i) Meets the qualifications otherwise required by this title or their equivalent; and

(ii) Became licensed in the other state after passing in that or any other state an examination that is similar to the examination for which the applicant is seeking the waiver.
Md. Code, Insurance § 3-317 — MD Code / Article gin / Title 3 / Subtitle 3 / Section 3-317
§3–317.
Status: in_force

(a) The Commissioner may suspend or revoke the certificate of qualification of a surplus lines broker:

(1) if the surplus lines broker fails to file the report required by this subtitle;

(2) if the surplus lines broker fails to remit the tax required by this subtitle;

(3) if the surplus lines broker fails to keep records required by this subtitle, or fails to allow the Commissioner to examine those records;

(4) if the surplus lines broker fails to file or falsifies the affidavit required by this subtitle; or

(5) for any applicable ground for suspending or revoking the license of an insurance producer under this article.

(b) The Commissioner may not reinstate the certificate of qualification of a surplus lines broker whose certificate has been suspended or revoked until the broker pays all penalties and delinquent taxes that are owed.
Md. Code, Labor and Employment § 3-202 — MD Code / Article gle / Title 3 / Subtitle 2 / Section 3-202
§3–202.
Status: in_force

The policy of the State is to encourage the development of minors by allowing them to engage in occupations that prepare them for responsible citizenship, yet to protect them from occupations that will be injurious to their mental, moral, or physical welfare.
Md. Code, Transportation § 3-215 — MD Code / Article gtr / Title 3 / Subtitle 2 / Section 3-215
§3–215.
Status: reserved

(a) (1) For the purpose of paying the principal of and interest on consolidated transportation bonds as they become due and payable, there is hereby levied and imposed an annual tax that consists of the taxes specified in this section and, to the extent necessary and except as otherwise provided in this subsection, that shall be used and applied exclusively for that purpose.

(2) The required use and application of the tax under paragraph (1) of this subsection is subject only to the prior use and application of one or all or any combination of the taxes specified in this section to meet the debt service on all of the following bonds while they are outstanding and unpaid and to the payment of which any part of those taxes has been pledged:

(i) Bonds of prior issues; and

(ii) Bonds of any series of county transportation bonds issued under Subtitle 3 of this title.

(b) The tax levied and imposed by this section consists of that part of the following taxes that are retained to the credit of the Department after distributions to the political subdivisions:

(1) The motor fuel tax revenue distributed under §§ 2–1103(2), 2–1103(3), and 2–1104(a)(3) of the Tax – General Article;

(2) The motor fuel tax revenue attributable to the sales and use tax equivalent rate imposed under § 9–306 of the Tax – General Article and distributed under § 2–1103(4) of the Tax – General Article;

(3) The income tax revenue distributed under § 2–614 of the Tax – General Article;

(4) The excise tax imposed on vehicles by Part II of Title 13, Subtitle 8 of this article;

(5) The sales and use tax revenues distributed under § 2–1302.1 of the Tax – General Article; and

(6) The transportation network company impact fee revenues allocated under § 3–216(d)(5)(i)1 of this subtitle.

(c) As long as any consolidated transportation bonds are outstanding and unpaid, and except as provided in § 3–104 of this title, there shall be deposited and maintained in a sinking fund to be maintained by the State Treasurer to secure the payment of the principal of and interest on the bonds, annually or more often, as received, so much of the proceeds of the tax levied and imposed under this section, together with all other funds received by the Department and credited to the Transportation Trust Fund, as are necessary to maintain in the sinking fund a sum equal to the amount required to pay the principal of and interest on the outstanding and unpaid bonds that will become due and payable in the current calendar year and the next succeeding calendar year.

(d) The tax levied and imposed by this section is irrevocably pledged to the payment of the principal of and interest on consolidated transportation bonds as they become due and payable, and no part of the tax or other funds applicable to debt service on the bonds may be repealed, diminished, or applied to any other purpose until:

(1) The bonds and the interest on them have become due and fully paid; or

(2) Adequate and complete provision for payment of the principal and interest has been made.

(e) (1) In this subsection “government obligations” means direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by the United States of America.

(2) Adequate and complete provision for payment of the principal and interest of any issue or series of consolidated transportation bonds may be made by the Secretary and the State Treasurer by making a transfer of government obligations from the Transportation Trust Fund to the State Treasurer or to a bank or trust company as escrow fund agent in an amount which, together with the income due thereon, will be sufficient to pay in full when due the maturing principal of and interest on the consolidated transportation bonds.

(3) To the extent that adequate and complete provision has been made for the payment of consolidated transportation bonds under this title those bonds shall no longer be deemed to be outstanding and unpaid under this title.
Md. Code, Courts and Judicial Proceedings § 3-405 — MD Code / Article gcj / Title 3 / Subtitle 4 / Section 3-405
§3–405.
Status: in_force

(a) (1) If declaratory relief is sought, a person who has or claims any interest which would be affected by the declaration, shall be made a party.

(2) Except in a class action, the declaration may not prejudice the rights of any person not a party to the proceeding.

(b) In any proceeding which involves the validity of a municipal or county ordinance or franchise, the municipality or county shall be made a party and is entitled to be heard.

(c) If the statute, municipal or county ordinance, or franchise is alleged to be unconstitutional, the Attorney General need not be made a party but, immediately after suit has been filed, shall be served with a copy of the proceedings by certified mail. He is entitled to be heard, submit his views in writing within a time deemed reasonable by the court, or seek intervention pursuant to the Maryland Rules.
Md. Code, Courts and Judicial Proceedings § 3-823 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-823
§3–823.
Status: in_force

(a) In this section, “out–of–home placement” has the meaning stated in § 5–501 of the Family Law Article.

(b) (1) The court shall hold a permanency planning hearing to determine the permanency plan for a child:

(i) No later than 11 months after a child committed under § 3–819 of this subtitle or continued in a voluntary placement under § 3–819.1(b) of this subtitle enters an out–of–home placement; or

(ii) Within 30 days after the court finds that reasonable efforts to reunify a child with the child’s parent or guardian are not required based on a finding that a circumstance enumerated in § 3–812 of this subtitle has occurred.

(2) For purposes of this section, a child shall be considered to have entered an out–of–home placement 30 days after the child is placed into an out–of–home placement.

(3) If all parties agree, a permanency planning hearing may be held on the same day as the reasonable efforts hearing.

(c) (1) On the written request of a party or on its own motion, the court may schedule a hearing at any earlier time to determine a permanency plan or to review the implementation of a permanency plan for any child committed under § 3–819 of this subtitle.

(2) A written request for review shall state the reason for the request and each issue to be raised.

(d) At least 10 days before the permanency planning hearing, the local department shall provide all parties and the court with a copy of the local department’s permanency plan for the child.

(e) (1) At a permanency planning hearing, the court shall:

(i) Determine the child’s permanency plan, which, to the extent consistent with the best interests of the child, may be, in descending order of priority:

1. Reunification with the parent or guardian;

2. Placement with a relative for:

A. Adoption; or

B. Custody and guardianship under § 3–819.2 of this subtitle;

3. Adoption by a nonrelative;

4. Custody and guardianship by a nonrelative under § 3–819.2 of this subtitle; or

5. For a child at least 16 years old, another planned permanent living arrangement that:

A. Addresses the individualized needs of the child, including the child’s educational plan, emotional stability, physical placement, and socialization needs; and

B. Includes goals that promote the continuity of relations with individuals who will fill a lasting and significant role in the child’s life; and

(ii) For a child at least 14 years old, determine the services needed to assist the child to make the transition from placement to successful adulthood.

(2) In determining the child’s permanency plan, the court shall consider the factors specified in § 5–525(f)(1) of the Family Law Article.

(f) The court may not order a child to be continued in a placement under subsection (e)(1)(i)5 of this section unless the court finds that the person or agency to which the child is committed has documented a compelling reason for determining that it would not be in the best interest of the child to:

(1) Return home;

(2) Be referred for termination of parental rights; or

(3) Be placed for adoption or guardianship with a specified and appropriate relative or legal guardian willing to care for the child.

(g) In the case of a child for whom the court determines that the plan should be changed to adoption under subsection (e)(1)(i)3 of this section, the court shall:

(1) Order the local department to file a petition for guardianship in accordance with Title 5, Subtitle 3 of the Family Law Article within 30 days or, if the local department does not support the plan, within 60 days; and

(2) Schedule a TPR hearing instead of the next 6–month review hearing.

(h) (1) The court shall conduct a hearing to review the permanency plan at least every 6 months until commitment is rescinded or a voluntary placement is terminated.

(2) At the review hearing, the court shall:

(i) Determine the continuing necessity for and appropriateness of the commitment;

(ii) Determine and document in its order whether reasonable efforts have been made to finalize the permanency plan that is in effect;

(iii) Determine the appropriateness of and the extent of compliance with the case plan for the child;

(iv) Determine the extent of progress that has been made toward alleviating or mitigating the causes necessitating commitment;

(v) Project a reasonable date by which a child in placement may be returned home, placed in a preadoptive home, or placed under a legal guardianship;

(vi) Evaluate the safety of the child and take necessary measures to protect the child;

(vii) Change the permanency plan if a change in the permanency plan would be in the child’s best interest; and

(viii) For a child with a developmental disability, direct the provision of services to obtain ongoing care, if any, needed after the court’s jurisdiction ends.

(3) When the permanency plan is another planned permanent living arrangement, the review hearing shall include:

(i) A determination on the adequacy of the steps the local department is taking to ensure that the child’s foster family home or child care institution is following the reasonable and prudent parent standard;

(ii) A determination of whether the child has regular, ongoing opportunities to engage in age–appropriate or developmentally appropriate activities; and

(iii) A consultation with the child in an age–appropriate manner about the opportunities for the child to participate in the activities described in item (ii) of this paragraph.

(4) (i) For a child placed in a qualified residential treatment program, the court shall:

1. Determine whether the ongoing needs assessments of the child support continued placement of the child in a qualified residential treatment program;

2. Determine whether placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment; and

3. Determine whether the continued placement in a qualified residential treatment program is consistent with the short–term and long–term goals for the child as specified in the permanency plan.

(ii) The court shall state, in writing, the reasons for its decision to approve or disapprove the continued placement of a child in a qualified residential treatment program under this paragraph.

(5) Every reasonable effort shall be made to effectuate a permanent placement for the child within 24 months after the date of initial placement.

(i) At a review hearing under this section, the court shall consider any written report of a local out–of–home care review board required under § 5–545 of the Family Law Article.

(j) (1) At least every 12 months at a hearing under this section, the court shall consult on the record with the child in an age–appropriate manner to obtain the child’s views on permanency.

(2) (i) If, after a hearing or with the agreement of all parties, the court determines that the child is medically fragile and that it is detrimental to the child’s physical or mental health to be transported to the courthouse, the court may, subject to subparagraph (ii) of this paragraph:

1. Visit the child at the child’s placement and use appropriate technology to document the consultation for the record; or

2. Use video conferencing to consult with the child on the record during the hearing.

(ii) If the court visits the child at the child’s placement under subparagraph (i)1 of this paragraph or uses video conferencing under subparagraph (i)2 of this paragraph, the court shall give each party notice and an opportunity to attend the visit or the video conferencing, unless the court determines that it is not in the best interest of the child for a party to attend the visit or the video conferencing.

(3) Subject to the provisions of paragraph (2)(ii) of this subsection, if the child’s placement is outside the State and, after a hearing or with the agreement of all parties, the court determines that it is not in the best interest of the child to be transported to the court, the court may use video conferencing to consult with the child on the record during the hearing.

(k) An order directing the provision of services to a child under subsection (h)(2)(viii) of this section is effective until:

(1) The child is transitioned to adult guardianship care if adult guardianship is necessary and there is no less restrictive alternative that meets the needs of the child; and

(2) (i) The Maryland Department of Health enters into an agreement to provide or obtain the services ordered by the court; or

(ii) If the Maryland Department of Health challenges the necessity of the services ordered by the court, the conclusion of any administrative or judicial review proceeding regarding the challenge.
Md. Code, Financial Institutions § 3-308 — MD Code / Article gfi / Title 3 / Subtitle 3 / Section 3-308
§3–308.
Status: in_force

(a) The board of directors of a commercial bank may not declare a stock dividend unless its surplus, after the increase in capital stock, is equal to at least 20 percent of the outstanding capital stock as increased.

(b) If the surplus of the commercial bank, after the increase in capital stock, is less than 100 percent of its capital stock as increased, the commercial bank annually shall transfer to surplus at least 10 percent of its net earnings until the surplus is 100 percent of its capital stock as increased.
Md. Code, Courts and Judicial Proceedings § 3-8B-01 — MD Code / Article gcj / Title 3 / Subtitle 8B / Section 3-8B-01
§3–8B–01.
Status: in_force

A court of law has jurisdiction in an action for mandamus.
Md. Code, General Provisions § 3-207 — MD Code / Article ggp / Title 3 / Subtitle 2 / Section 3-207
§3–207.
Status: in_force

(a) (1) The Board shall review the complaint and any response.

(2) If the information in the complaint and response is sufficient for making a determination, within 30 days after receiving the response the Board shall issue a written opinion as to whether a violation of this title has occurred or will occur.

(b) (1) If the Board is unable to reach a determination based on the written submissions before it, the Board may schedule an informal conference to hear from the complainant, the public body, or any other person with relevant information about the subject of the complaint.

(2) An informal conference scheduled by the Board is not a contested case within the meaning of § 10–202(d) of the State Government Article.

(3) The Board shall issue a written opinion within 30 days after the informal conference.

(c) (1) If the Board is unable to render an opinion on a complaint within the time periods specified in subsection (a) or (b) of this section, the Board shall:

(i) state in writing the reason for its inability to render an opinion; and

(ii) issue an opinion as soon as possible but not later than 90 days after the filing of the complaint.

(2) An opinion of the Board may state that the Board is unable to resolve the complaint.

(d) The Board shall send a copy of the written opinion to the complainant and the affected public body.
Md. Code, Health Occupations § 3-307 — MD Code / Article gho / Title 3 / Subtitle 3 / Section 3-307
§3–307.
Status: in_force

(a) Except as otherwise provided in this section, a license authorizes the licensee to practice chiropractic while the license is effective.

(b) A license that includes the right to practice physical therapy authorizes the licensee to practice chiropractic and physical therapy while the license is effective.

(c) A license does not authorize a licensee to execute or file a birth or death certificate.
Md. Code, State Finance and Procurement § 3-601 — MD Code / Article gsf / Title 3 / Subtitle 6 / Section 3-601
§3–601.
Status: in_force

(a) To establish relative priorities and avoid duplication and conflicts, the Department shall advise the Governor on the means and methods available to coordinate the capital plans and capital programs of all units of the State government. Upon request of the General Assembly, the Department shall provide assistance to the General Assembly in the development and coordination of capital plans and capital programs for the Legislative Branch of State government.

(b) To avoid duplication and conflicts, the Department shall advise the Governor on the means and methods available to coordinate the capital plans and capital programs of federal, State, regional, and local governments.
Md. Code, Courts and Judicial Proceedings § 3-409 — MD Code / Article gcj / Title 3 / Subtitle 4 / Section 3-409
§3–409.
Status: in_force

(a) Except as provided in subsection (d) of this section, a court may grant a declaratory judgment or decree in a civil case, if it will serve to terminate the uncertainty or controversy giving rise to the proceeding, and if:

(1) An actual controversy exists between contending parties;

(2) Antagonistic claims are present between the parties involved which indicate imminent and inevitable litigation; or

(3) A party asserts a legal relation, status, right, or privilege and this is challenged or denied by an adversary party, who also has or asserts a concrete interest in it.

(b) If a statute provides a special form of remedy for a specific type of case, that statutory remedy shall be followed in lieu of a proceeding under this subtitle.

(c) A party may obtain a declaratory judgment or decree notwithstanding a concurrent common-law, equitable, or extraordinary legal remedy, whether or not recognized or regulated by statute.

(d) Proceeding by declaratory judgment is not permitted in any case in which divorce or annulment of marriage is sought.

(e) A court may order a speedy hearing of an action of a declaratory judgment and may advance it on the calendar.
Md. Code, Courts and Judicial Proceedings § 3-8A-08 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-08
§3–8A–08.
Status: reserved

(a) If a petition alleges that a child is in need of supervision, the petition shall be filed in the county where the child resides.

(b) If delinquency or violation of § 3-8A-30 of this subtitle is alleged or if a citation is issued, the petition, if any, or the citation shall be filed in the county where the alleged act occurred subject to transfer as provided in § 3-8A-09 of this subtitle.

(c) A peace order request shall be filed in the county where the alleged act occurred subject to transfer as provided in § 3-8A-09 of this subtitle.

(d) If the alleged delinquent act is escape or attempted escape under § 9-404 or § 9-405 of the Criminal Law Article, the petition, if any, shall be filed and the adjudicatory hearing held in the county where the alleged escape or attempted escape occurred unless the court in the county of the child’s domicile requests a transfer. For purposes of the disposition hearing, proceedings may be transferred as provided in § 3-8A-09 of this subtitle to the court exercising jurisdiction over the child at the time of the alleged act.
Md. Code, Education § 3-1003 — MD Code / Article ged / Title 3 / Subtitle 10 / Section 3-1003
§3–1003.
Status: in_force

(a) (1) From and after December 7, 2026, the chair of the county board is entitled to receive $30,000 annually as compensation and the other elected members are each entitled to receive $27,000 annually as compensation.

(2) Each elected member of the county board may be provided health insurance and other fringe benefits regularly provided to employees of the Board of Education under the same terms and conditions extended to other employees of the Board of Education.

(b) (1) After submitting vouchers under the rules and regulations adopted by the county board, the chair and the other members, including the student member, are entitled to the allowances for travel and other expenses provided in the Prince George’s County budget.

(2) A member of the county board may not be reimbursed more than $7,000 in travel and other expenses incurred in a single fiscal year.

(c) The county board may not issue a credit card to a member of the county board.
Md. Code, Courts and Judicial Proceedings § 3-8A-35 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-35
§3–8A–35.
Status: in_force

(a) (1) In this section, “sexting” means:

(i) The sending of a photograph, image, or video that depicts sexual conduct, as defined in § 11–101 of the Criminal Law Article, or sexual excitement, as defined in § 11–101 of the Criminal Law Article, of oneself to another or of oneself and the recipient by mobile telephone, computer, or other electronic or digital device; or

(ii) The receipt and retention of a photograph, image, or video described in subparagraph (i) of this paragraph.

(2) “Sexting” does not include conduct described in paragraph (1) of this subsection if:

(i) The sender is more than 4 years older than the recipient;

(ii) The recipient is more than 4 years older than the sender;

(iii) The child did not consent to committing the conduct constituting the violation; or

(iv) The child was coerced, threatened, or intimidated into committing the conduct constituting the violation.

(b) It is a mitigating factor in a proceeding against a child under this subtitle for a violation of § 11–203, § 11–207, or § 11–208 of the Criminal Law Article that the violation involved or arose out of sexting.

(c) In making a disposition under § 3–8A–19 of this subtitle on a finding that the child committed a violation of § 11–203, § 11–207, or § 11–208 of the Criminal Law Article, the court:

(1) Shall take into consideration whether the mitigating factor described in subsection (b) of this section applies to the case;

(2) May not make a disposition of community detention under § 3–8A–19(d)(1)(i) of this subtitle or a disposition under § 3–8A–19(d)(1)(ii) of this subtitle if the violation involved or arose out of sexting, unless the court finds and explains on the record, verbally and in writing, that extraordinary circumstances exist to warrant the disposition; and

(3) May order a child whose violation involved or arose out of sexting to participate in an age–appropriate educational program on the risks and consequences of possessing, sending, displaying, and publishing photographs, images, and videos described in subsection (a) of this section.

(d) A child who is found by the court to have violated a provision of Title 11, Subtitle 2 of the Criminal Law Article is not subject to sex offender registration under Title 11, Subtitle 7 of the Criminal Procedure Article.
Md. Code, Labor and Employment § 3-701 — MD Code / Article gle / Title 3 / Subtitle 7 / Section 3-701
§3–701.
Status: in_force

(a) This section does not prohibit a proper medical evaluation by a physician to assess the ability of an applicant to perform a job.

(b) An employer may not require an applicant for employment to answer an oral or written question that relates to a physical, psychiatric, or psychological disability, illness, handicap, or treatment unless the disability, illness, handicap, or treatment has a direct, material, and timely relationship to the capacity or fitness of the applicant to perform the job properly.

(c) If an employer violates any provision of subsection (b) of this section, an applicant for employment may:

(1) submit to the Commissioner a written complaint; or

(2) bring an action for injunctive relief, damages, or other relief.

(d) Whenever the Commissioner determines that this section has been violated, the Commissioner may try to resolve any issue involved in the violation informally by mediation.
Md. Code, Financial Institutions § 3-719 — MD Code / Article gfi / Title 3 / Subtitle 7 / Section 3-719
§3–719.
Status: in_force

(a) The owner of shares of stock that were voted against a consolidation, merger, or transfer of assets is entitled to receive the fair value of those shares, in cash, if the transaction becomes effective.

(b) A stockholder who desires to receive payment of the fair value for shares under this section, within 30 days after the transaction becomes effective, shall:

(1) Make a written demand on the successor for payment; and

(2) Surrender the stock certificates.
Md. Code, Labor and Employment § 3-211 — MD Code / Article gle / Title 3 / Subtitle 2 / Section 3-211
§3–211.
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, a minor under the age of 16 years may not be employed or allowed to be employed:

(i) before 7:00 a.m.;

(ii) from the day after Labor Day through the day before Memorial Day, after 8:00 p.m.;

(iii) from Memorial Day through Labor Day, after 9:00 p.m.; or

(iv) more than:

1. 4 hours on a day when school is in session;

2. 8 hours on a day when school is not in session;

3. 23 hours in a week when school is in session for 5 days; or

4. 40 hours in a week when school is not in session.

(2) The hours of work allowed under paragraph (1)(iv) of this subsection do not include any hours that a minor works in a bona fide work-study or student-learner program while school normally is in session.

(b) The Commissioner may grant to a minor an exception to the restrictions under this section if the Commissioner:

(1) receives the written consent of a parent of the minor or a person standing in the place of the parent; and

(2) determines that:

(i) there will be no hazard to the health or welfare of the minor; and

(ii) granting the exception will not impede the minor in fulfilling school graduation requirements.
Md. Code, Courts and Judicial Proceedings § 3-501 — MD Code / Article gcj / Title 3 / Subtitle 5 / Section 3-501
§3–501.
Status: in_force

Any word spoken falsely and maliciously and likely to injure a woman’s character or reputation for chastity is slander.
Md. Code, Insurance § 3-303 — MD Code / Article gin / Title 3 / Subtitle 3 / Section 3-303
§3–303.
Status: in_force

Except as provided in § 3-319(b) of this subtitle, this subtitle does not limit the right of a surplus lines broker to place surplus lines insurance with an alien insurer that has qualified with the nonadmitted insurer information office of the National Association of Insurance Commissioners.
Md. Code, Agriculture § 3-202 — MD Code / Article gag / Title 3 / Subtitle 2 / Section 3-202
§3–202.
Status: in_force

This subtitle does not apply to any act that is subject to exclusive regulation under any federal act.
Md. Code, Natural Resources § 3-119 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-119
§3–119.
Status: in_force

All money received by the Service as proceeds from the sale of bonds or notes and all money received or by way of those rentals, rates, fees, or other charges or revenues, or portion thereof, from any project, or any continuation of projects and which are designated by any authorizing resolution or trust agreement as security for bonds or notes shall be deemed to be trust funds to be held and applied solely as provided by the provisions of this subtitle and in the resolution authorizing the issuance of bonds or notes or the trust agreement securing the bonds or notes.
Md. Code, Insurance § 3-314 — MD Code / Article gin / Title 3 / Subtitle 3 / Section 3-314
§3–314.
Status: in_force

The Commissioner shall issue a certificate of qualification to each applicant who meets the requirements of this subtitle.
Md. Code, Criminal Law § 3-1101 — MD Code / Article gcr / Title 3 / Subtitle 11 / Section 3-1101
§3–1101.
Status: in_force

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

(b) “Assignation” has the meaning stated in § 11–301 of this article.

(c) “Prostitution” has the meaning stated in § 11–301 of this article.

(d) “Sexually explicit performance” has the meaning stated in § 11–301 of this article.
Md. Code, Business Regulation § 3-315 — MD Code / Article gbr / Title 3 / Subtitle 3 / Section 3-315
§3–315.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, §§ 3–301 and 3–303 through 3–311 of this subtitle shall terminate on July 1, 2027.
Md. Code, Business Regulation § 3-406 — MD Code / Article gbr / Title 3 / Subtitle 4 / Section 3-406
§3–406.
Status: in_force

(a) In this section, “workday” means a day that is not a Saturday, a Sunday, or a State holiday.

(b) If, after an inspection or investigation, the Commissioner finds that, within the immediately preceding 6 months, an amusement owner has violated this title or an order passed or regulation adopted under this title, the Commissioner promptly shall issue a citation to the amusement owner.

(c) Each citation shall:

(1) describe, in detail, the nature of the alleged violation;

(2) cite the provision of this title, order, or regulation that the amusement owner is alleged to have violated; and

(3) set a reasonable time for correction of the alleged violation.

(d) Within a reasonable time after issuance of a citation, the Commissioner shall send by certified mail to the amusement owner a notice that:

(1) states the proposed civil penalty, if any, that the Commissioner intends to impose under this title; and

(2) informs the amusement owner of the right to a hearing under this section.

(e) In accordance with any regulation that the Commissioner adopts under this title, an amusement owner who receives a citation shall post the citation or a copy of it conspicuously at or near each place where the citation alleges that a violation occurred.

(f) Within 15 workdays after an amusement owner receives a notice under subsection (d) of this section, the amusement owner may submit to the Commissioner a written request for a hearing on the citation or proposed civil penalty.

(g) Unless an amusement owner requests a hearing as provided in this section, a citation and a notice of a proposed civil penalty are final orders.

(h) After an opportunity for a hearing under this section, the Commissioner may pass an order that affirms or modifies a requirement of a citation for correction of a violation if the amusement owner shows that the amusement owner:

(1) has made a good faith effort to comply with the requirement; but

(2) has not complied because of a factor beyond the reasonable control of the amusement owner.

(i) An amusement owner shall correct each violation for which the Commissioner issues a citation within the time set for correction in a final order under this subtitle.

(j) If the Commissioner has reason to believe that an amusement owner has failed to correct a violation in a timely manner, the Commissioner shall send by certified mail to the amusement owner a notice that:

(1) states that the amusement owner has failed to correct the violation;

(2) states the proposed civil penalty, if any, that the Commissioner intends to impose under this title for the failure; and

(3) informs the amusement owner that, within 15 workdays after receipt of the notice, the amusement owner may submit to the Commissioner a written request for a hearing on the failure to correct the violation or proposed civil penalty.

(k) Unless an amusement owner requests a hearing as provided in this section, the notice, including any proposed civil penalty, is a final order.

(l) (1) Whenever the Commissioner receives a request for a hearing made in accordance with this section, the Commissioner shall hold a hearing.

(2) To the extent practicable, the hearing shall be held within 30 days after receipt of the request.

(m) The Commissioner shall give notice and hold the hearing under this section in accordance with Title 10, Subtitle 2 of the State Government Article.

(n) (1) If a hearing examiner or other officer is appointed to hold a hearing under this section, the officer shall prepare a record that includes testimony.

(2) The officer shall submit a report to the Commissioner and send a copy of the report to any amusement owner affected by the report.

(3) The report becomes final unless, within 10 workdays after the report, the amusement owner submits a written request for a review of the proceeding by the Commissioner.

(4) After a review of a proceeding under this subsection, with or without a hearing, the Commissioner shall pass an order based on findings of fact. The order shall affirm, modify, or vacate the citation or proposed civil penalty or direct other appropriate relief.

(5) An order of the Commissioner under paragraph (4) of this subsection is final 15 days after passage of the order.
Md. Code, Labor and Employment § 3-918 — MD Code / Article gle / Title 3 / Subtitle 9 / Section 3-918
§3–918.
Status: in_force

Each civil penalty under this subtitle shall be paid into the General Fund of the State.
Md. Code, Criminal Law § 3-601 — MD Code / Article gcr / Title 3 / Subtitle 6 / Section 3-601
§3–601.
Status: in_force

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

(2) “Abuse” means physical injury sustained by a minor as a result of cruel or inhumane treatment or as a result of a malicious act under circumstances that indicate that the minor’s health or welfare is harmed or threatened by the treatment or act.

(3) “Family member” means a relative of a minor by blood, adoption, or marriage.

(4) “Household member” means a person who lives with or is a regular presence in a home of a minor at the time of the alleged abuse.

(5) “Severe physical injury” means:

(i) brain injury or bleeding within the skull;

(ii) starvation; or

(iii) physical injury that:

1. creates a substantial risk of death; or

2. causes permanent or protracted serious:

A. disfigurement;

B. loss of the function of any bodily member or organ; or

C. impairment of the function of any bodily member or organ.

(b) (1) A parent, family member, household member, or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not:

(i) cause abuse to the minor that:

1. results in the death of the minor; or

2. causes severe physical injury to the minor; or

(ii) engage in a continuing course of conduct which includes three or more acts that would constitute a violation of subsection (d) of this section.

(2) Except as provided in subsection (c) of this section, a person who violates paragraph (1) of this subsection is guilty of the felony of child abuse in the first degree and on conviction is subject to:

(i) imprisonment not exceeding 25 years;

(ii) if the violation results in the death of a victim at least 13 years old, imprisonment not exceeding 40 years; or

(iii) if the violation results in the death of a victim under the age of 13 years, imprisonment not exceeding life.

(c) A person who violates this section after being convicted of a previous violation of this section is guilty of a felony and on conviction is subject to:

(1) imprisonment not exceeding 25 years; or

(2) if the violation results in the death of the victim, imprisonment not exceeding life.

(d) (1) (i) A parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause abuse to the minor.

(ii) A household member or family member may not cause abuse to a minor.

(2) Except as provided in subsection (c) of this section, a person who violates paragraph (1) of this subsection is guilty of the felony of child abuse in the second degree and on conviction is subject to imprisonment not exceeding 15 years.

(e) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.
Md. Code, Land Use § 3-302 — MD Code / Article glu / Title 3 / Subtitle 3 / Section 3-302
§3–302.
Status: in_force

To implement the plan, the planning commission shall periodically recommend to the appropriate public officials:

(1) programs for public structures, improvements, and land acquisitions; and

(2) financing programs.
Md. Code, Criminal Law § 3-501 — MD Code / Article gcr / Title 3 / Subtitle 5 / Section 3-501
§3–501.
Status: in_force

In this subtitle, “home or usual place of abode” includes the real property appurtenant to the home or place of abode.
Md. Code, Human Services § 3-201 — MD Code / Article ghu / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

(a) (1) This subsection does not apply in Montgomery County.

(2) The Department shall create or continue a local department in each county.

(3) A local department shall be referred to as the department of social services preceded by the name of the county.

(b) Except as provided in subsection (c) of this section, a local department shall have a local board and a local director appointed in accordance with this title.

(c) In Baltimore City, the local department shall have a commission of social services.
Md. Code, Labor and Employment § 3-715 — MD Code / Article gle / Title 3 / Subtitle 7 / Section 3-715
§3–715.
Status: in_force

(a) Except as prohibited by federal law, a provision in an employment contract, policy, or agreement that waives any substantive or procedural right or remedy to a claim that accrues in the future of sexual harassment or retaliation for reporting or asserting a right or remedy based on sexual harassment is null and void as being against the public policy of the State.

(b) (1) An employer may not take adverse action against an employee because the employee fails or refuses to enter into an agreement that contains a waiver that is void under subsection (a) of this section.

(2) Adverse action prohibited under this subsection includes:

(i) discharge;

(ii) suspension;

(iii) demotion;

(iv) discrimination in the terms, conditions, or privileges of employment; or

(v) any other retaliatory action that results in a change to the terms or conditions of employment that would dissuade a reasonable employee from making a complaint, bringing an action, or testifying in an action regarding a violation of this section.

(c) An employer who enforces or attempts to enforce a provision that violates subsection (a) of this section shall be liable for the employee’s reasonable attorney’s fees and costs.
Md. Code, Labor and Employment § 3-1805 — MD Code / Article gle / Title 3 / Subtitle 18 / Section 3-1805
§3–1805.
Status: in_force

The Commissioner shall adopt regulations to carry out this subtitle.
Md. Code, Financial Institutions § 3-203 — MD Code / Article gfi / Title 3 / Subtitle 2 / Section 3-203
§3–203.
Status: in_force

(a) The incorporators shall file with the Commissioner for examination the two copies of the articles of incorporation.

(b) The Commissioner shall investigate and determine if:

(1) The articles are framed in accordance with law;

(2) The character, responsibility, and general fitness of the incorporators and directors named in the articles command confidence and warrant belief that the business of the proposed commercial bank will be conducted honestly and efficiently, in accordance with the intent of this article; and

(3) Allowing the proposed commercial bank to engage in business:

(i) Will promote public convenience and advantage; and

(ii) Is expedient and desirable.

(c) After the investigation, the Commissioner may require any change in the articles of incorporation that the Commissioner considers necessary.

(d) (1) Within 6 months after the articles are filed for examination, the Commissioner shall sign, date, and endorse each copy of the articles as “approved” or “refused”.

(2) If formation of the commercial bank is refused, the Commissioner shall return one of the endorsed copies of the articles to the incorporators.

(3) If formation of the commercial bank is approved, the Commissioner shall:

(i) Return one of the endorsed copies of the articles to the incorporators; and

(ii) Keep and record one of the endorsed copies.
Md. Code, Natural Resources § 3-3A-01 — MD Code / Article gnr / Title 3 / Subtitle 3A / Section 3-3A-01
§3–3A–01.
Status: in_force

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

(b) “Acid deposition” means the process whereby acid–forming chemical compounds are transported from the atmosphere to the surface of the earth.

(c) “Acid deposition precursor” means an air contaminant that may be transformed to an acid gas or particle in the atmosphere.

(d) “Commission” means the Maryland Public Service Commission.

(e) “Departments” means the Department of Natural Resources and the Department of the Environment.

(f) “Participating agencies” means the Commission, the People’s Counsel of the Public Service Commission, and the Departments of Commerce, Agriculture, and Transportation, and the Department of Planning.
Md. Code, Financial Institutions § 3-605 — MD Code / Article gfi / Title 3 / Subtitle 6 / Section 3-605
§3–605.
Status: in_force

(a) This section does not apply to a leasehold interest in real property.

(b) Subject to the rules and regulations of the Commissioner, a commercial bank may become the owner and lessor of personal property if:

(1) The personal property is acquired on the specific request of and for the use of a customer; and

(2) The investment of the commercial bank in personal property does not exceed:

(i) For any one customer, 10 percent of the unimpaired capital and surplus of the commercial bank; and

(ii) For all of its customers, the total of its unimpaired capital and surplus.
Md. Code, Corporations and Associations § 3-210 — MD Code / Article gca / Title 3 / Subtitle 2 / Section 3-210
§3–210.
Status: in_force

(a) If the court finds that the objecting stockholder is entitled to an appraisal of his stock, it shall appoint three disinterested appraisers to determine the fair value of the stock on terms and conditions the court considers proper. Each appraiser shall take an oath to discharge his duties honestly and faithfully.

(b) Within 60 days after their appointment, unless the court sets a longer time, the appraisers shall determine the fair value of the stock as of the appropriate date and file a report stating the conclusion of the majority as to the fair value of the stock.

(c) The report shall state the reasons for the conclusion and shall include a transcript of all testimony and exhibits offered.

(d) (1) On the same day that the report is filed, the appraisers shall mail a copy of it to each party to the proceedings.

(2) Within 15 days after the report is filed, any party may object to it and request a hearing.
Md. Code, State Finance and Procurement § 3-603 — MD Code / Article gsf / Title 3 / Subtitle 6 / Section 3-603
§3–603.
Status: in_force

(a) The Department shall prepare, revise, and keep current a 5-year capital program.

(b) The capital program shall include all capital projects of the State whether funded by bond authorizations, operating budget funds, or capital leases.

(c) The capital program shall be consistent with the annual recommendations of the Capital Debt Affordability Committee.

(d) Except for the first year of the program, the capital program may not include General Fund capital appropriations as a source of funding other than for projects or programs that are ineligible for tax-exempt debt financing.
Md. Code, Courts and Judicial Proceedings § 3-2504 — MD Code / Article gcj / Title 3 / Subtitle 25 / Section 3-2504
§3–2504.
Status: in_force

Nothing in this subtitle may be construed to affect:

(1) Any other common law or statutory cause of action; or

(2) Any other obligation or restriction imposed on a firearm industry member under State or federal law.
Md. Code, Courts and Judicial Proceedings § 3-213 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-213
§3–213.
Status: in_force

(a) (1) Unless the agreement provides otherwise, the arbitrators shall designate a time and place for hearing and notify the parties, personally or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, not less than five days before the hearing.

(2) Appearance at the hearing waives the notice.

(b) (1) Except as provided in § 3-215(b) of this subtitle, the arbitration hearing shall be conducted by all the arbitrators.

(2) The arbitrators may adjourn the hearing from time to time as necessary.

(3) Upon request of a party and for good cause shown or on their own motion, the arbitrators may postpone the hearing to a time not later than the date set by the agreement for the award, unless the parties consent to a later date.

(c) The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear.

(d) On petition of a party, the court may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.