Md. Code, Natural Resources § 8-1808 — MD Code / Article gnr / Title 8 / Subtitle 18 / Section 8-1808
§8–1808.
Status: in_force

(a) (1) It is the intent of this subtitle that each local jurisdiction shall have primary responsibility for developing and implementing a program, subject to review and approval by the Commission.

(2) The Governor shall include in the budget annually a sum of money to be used for grants to assist local jurisdictions with the reasonable costs of implementing and updating a program under this section. Each local jurisdiction shall submit to the Governor by May 1 of each year a detailed request for funds to assist in the implementation and updating of a program under this section.

(3) (i) For each fiscal year, the Governor shall include in the annual budget bill an appropriation to provide grants to assist local jurisdictions to incorporate climate and equity provisions required under subsection (c)(1)(iii)16 and 17 of this section into an updated local program.

(ii) By May 1 of each year, a local jurisdiction shall submit to the Commission a detailed request for funding under this paragraph.

(iii) On the request of a local jurisdiction, the chair may extend the deadline under subparagraph (ii) of this paragraph.

(b) A program shall consist of those elements which are necessary or appropriate to:

(1) Minimize adverse impacts on water quality that result from pollutants that are discharged from structures or conveyances or that have run off from surrounding lands;

(2) Conserve fish, wildlife, and plant habitat;

(3) Establish land use policies for development in the Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area which accommodate growth and also address the fact that, even if pollution is controlled, the number, movement, and activities of persons in that area can create adverse environmental impacts;

(4) Reduce vulnerability to the impacts of climate change and incorporate measures to improve the climate resiliency of the Chesapeake and Atlantic Coastal Bays and its tributaries; and

(5) Ensure an equitable distribution of the burdens and benefits of development, mitigation, restoration, conservation, and adaptation to climate change within the critical area.

(c) (1) (i) Notwithstanding any provision in a local law or ordinance, or the lack of a provision in a local law or ordinance, all of the requirements of this subtitle shall apply to, and be applied by, a local jurisdiction as minimum standards for a program sufficient to meet the goals of the Critical Area Program.

(ii) With the approval of the Commission, a local jurisdiction may establish procedures for the granting of an administrative variance.

(iii) At a minimum, a program shall contain all of the following elements, including:

1. A map designating the critical area in a local jurisdiction;

2. A comprehensive zoning map for the critical area;

3. As necessary, new or amended provisions of the jurisdiction’s:

A. Subdivision regulations;

B. Comprehensive or master plan;

C. Ordinances or regulations that affect development in the critical area;

D. Provisions relating to enforcement; and

E. Provisions as appropriate relating to development rights that predate the program as adopted or approved by the Commission, including provisions for bringing lands into conformance with the Program as required under item 12 of this subparagraph;

4. Provisions requiring that:

A. Project approvals shall be based on findings that projects are consistent with the standards stated in subsection (b) of this section; and

B. The Commission shall receive written notice of local decisions regarding project approvals or denials in accordance with local procedures approved by the Commission;

5. Provisions to limit lot coverage and to require or encourage cluster development, where necessary or appropriate;

6. Establishment of buffer areas along shorelines within which agriculture will be permitted only if an agricultural best management practice is used, provided that structures or any other use of land which is necessary for adjacent agriculture shall also be permitted in any buffer area;

7. Requirements for minimum setbacks for structures and septic fields along shorelines, including the establishment of a minimum buffer landward from the mean high water line of tidal waters, tributary streams, and tidal wetlands;

8. Assessment and mapping of shoreline areas, if any, that are suitable for parks, hiking, biking, wildlife refuges, scenic drives, public access or assembly, and water–related recreation such as boat slips, piers, and beaches, with consideration given to underserved communities;

9. Designation of shoreline areas, if any, that are suitable for ports, marinas, and industries that use water for transportation or derive economic benefits from shore access;

10. Provisions requiring that all harvesting of timber in the Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area be in accordance with plans approved by the district forestry board;

11. Provisions for reasonable accommodations in policies or procedures when the accommodations are necessary to avoid discrimination on the basis of physical disability, including provisions that authorize a local jurisdiction to require removal of a structure that was installed or built to accommodate a physical disability and require restoration when the accommodation permitted by this paragraph is no longer necessary;

12. Procedures, including consolidation or reconfiguration of lots, that shall be approved by the Commission and assure that the following lots and lands are brought into conformance with the Program to the extent possible:

A. In the Chesapeake Bay Critical Area, any legal parcel of land, not being part of a recorded or approved subdivision, that was recorded as of December 1, 1985;

B. In the Chesapeake Bay Critical Area, land that was subdivided into recorded legally buildable lots, where the subdivision received the local jurisdiction’s final approval before June 1, 1984;

C. In the Atlantic Coastal Bays Critical Area, any legal parcel of land, not being part of a recorded or approved subdivision, that was recorded as of June 1, 2002; and

D. In the Atlantic Coastal Bays Critical Area, land that was subdivided into recorded legally buildable lots, where the subdivision received the local jurisdiction’s final approval before June 1, 2002;

13. Except as provided in subsection (d) of this section, provisions for granting a variance to the local jurisdiction’s critical area program, in accordance with regulations adopted by the Commission concerning variances set forth in COMAR 27.01.12;

14. Penalty provisions establishing that, in addition to any other penalty applicable under State or local law, each person who violates a provision of this subtitle or of a program, including a contractor, property owner, or any other person who committed, assisted, authorized, or participated in the violation is subject to a fine not exceeding $10,000;

15. Enforcement procedures in accordance with due process principles, including notice and an opportunity to be heard, and establishing that:

A. Each violation of this subtitle or of a regulation, rule, order, program, or other requirement adopted under the authority of this subtitle constitutes a separate offense;

B. Each calendar day that a violation continues constitutes a separate offense;

C. For each offense, a person shall be subject to separate fines, orders, sanctions, and other penalties;

D. Penalties for continuing violations shall accrue without a requirement for an additional assessment, notice, or opportunity for hearing for each separate offense;

E. On consideration of all the factors included under this subsection and any other factors in the local jurisdiction’s approved program, the local jurisdiction shall impose the amount of the penalty;

F. Satisfaction of all conditions specified under paragraph (4) of this subsection shall be a condition precedent to the issuance of any permit, approval, variance, or special exception for the affected property; and

G. Unless an extension of time is appropriate because of adverse planting conditions, within 90 days of the issuance of a permit, approval, variance, or special exception for the affected property, any additional mitigation required as a condition of approval for the permit, approval, variance, or special exception shall be completed;

16. Provisions for:

A. Identifying areas vulnerable to climate change;

B. Mitigation and adaptation measures that address sea level rise, storm surge, precipitation–induced flooding, other extreme weather events, migrating wetlands, and coastal forests; and

C. Enhancing the climate resiliency of the critical area by identifying, restoring, and creating and conserving existing and projected future natural and nature–based features;

17. Provisions for:

A. Identifying underserved and overburdened communities within the critical area;

B. Measures to ensure the equitable distribution of the benefits and burdens of development, restoration, and mitigation within the critical area; and

C. Ensuring equity in the public participation process;

18. Provisions to ensure public access to the water, shoreline, and other natural areas for underserved or overburdened communities; and

19. Methods to ensure effective allocation, accounting, and reporting of fee in lieu funds.

(2) (i) In determining the amount of the penalty to be assessed under paragraph (1)(iii)14 of this subsection, a local jurisdiction shall consider:

1. The gravity of the violation;

2. Any willfulness or negligence involved in the violation;

3. The environmental impact of the violation; and

4. The cost of restoration of the resource affected by the violation and mitigation for damage to that resource, including the cost to the State or local authorities for performing, supervising, or rendering assistance to the restoration and mitigation.

(ii) In paragraph (1)(iii)14 of this subsection, “property owner” includes two or more persons holding title to the property under any form of joint ownership.

(3) Regulations adopted under paragraph (1)(iii)15 of this subsection shall provide for the Commission’s consideration of enforcement provisions submitted by a local jurisdiction that are at least as effective as enforcement requirements under this subtitle and regulations adopted under the authority of this subtitle.

(4) A local jurisdiction may not issue a permit, approval, variance, or special exception that is subject to the violation, unless the person seeking the permit, approval, variance, or special exception has:

(i) Fully paid all penalties imposed as a result of the critical area violation;

(ii) Prepared a restoration or mitigation plan, approved by the local jurisdiction, to abate impacts to water quality or natural resources as a result of the violation; and

(iii) Performed the abatement measures in the approved plan in accordance with the local critical area program.

(d) (1) In this subsection, “unwarranted hardship” means that, without a variance, an applicant would be denied reasonable and significant use of the entire parcel or lot for which the variance is requested.

(2) (i) Notwithstanding any other provision of law, the provisions of this paragraph shall apply to a proceeding that involves a variance for a development activity in the buffer under the requirements of:

1. This subtitle;

2. A regulation adopted under the authority of this subtitle; or

3. An approved program.

(ii) If a person meets the threshold standing requirements under federal law, the person shall have standing to participate as a party in a local administrative proceeding.

(iii) A person that has standing under subparagraph (ii) of this paragraph may:

1. Participate as a party in an administrative proceeding at a board of appeals even if the person was not a party to the original administrative proceeding; and

2. Petition for judicial review and participate as a party even if the person was not a party to the action which is the subject of the petition.

(3) (i) A local jurisdiction shall process an application for a variance regarding a parcel or lot that is subject to a current violation of this subtitle, a regulation adopted under the authority of this subtitle, or any provision of an order, permit, plan, or local program in accordance with subsection (c)(1)(iii)15 of this section.

(ii) In considering an application for a variance, a local jurisdiction shall presume that the specific development activity in the critical area that is subject to the application and for which a variance is required does not conform with the general purpose and intent of this subtitle, regulations adopted under this subtitle, and the requirements of the local jurisdiction’s program.

(iii) If the variance request is based on conditions or circumstances that are the result of actions by the applicant, a local jurisdiction shall consider that fact.

(4) (i) An applicant has the burden of proof and the burden of persuasion to overcome the presumption established under paragraph (3)(ii) of this subsection.

(ii) 1. Based on competent and substantial evidence, a local jurisdiction shall make written findings as to whether the applicant has overcome the presumption established under paragraph (3)(ii) of this subsection.

2. With due regard for the person’s experience, technical competence, and specialized knowledge, the written findings may be based on evidence introduced and testimony presented by:

A. The applicant;

B. The local jurisdiction or any other government agency; or

C. Any other person deemed appropriate by the local jurisdiction.

(5) A variance to a local jurisdiction’s critical area program may not be granted unless:

(i) Due to special features of a site, or special conditions or circumstances peculiar to the applicant’s land or structure, a literal enforcement of the critical area program would result in unwarranted hardship to the applicant;

(ii) The local jurisdiction finds that the applicant has satisfied each one of the variance provisions; and

(iii) Without the variance, the applicant would be deprived of a use of land or a structure permitted to others in accordance with the provisions of the critical area program.

(6) (i) Within 10 working days after a written decision regarding a variance application is issued, the Commission shall receive a copy of the decision from a local jurisdiction.

(ii) A local jurisdiction may not issue a permit for the activity that was the subject of the variance application until the applicable 30–day appeal period has elapsed.

(7) (i) A development activity commenced without a required permit, approval, variance, or special exception is a violation of this subtitle.

(ii) A local jurisdiction may not accept an application for a variance to legalize a violation of this subtitle, including an unpermitted structure or development activity, unless the local jurisdiction first issues a notice of violation, including assessment of a penalty, for the violation.

(iii) If a final adjudication of a notice of violation results in a determination that a violation has occurred, the person shall be liable for a penalty that is twice the amount of the assessment in the notice of violation, in addition to the cost of the hearing and any applicable mitigation costs.

(iv) Application for a variance under this paragraph constitutes a waiver of the right to appeal the terms of a notice of violation and its final adjudication, including the payment of any penalties and costs assessed.

(v) If the local jurisdiction finds that the activity or structure for which a variance is requested commenced without permits or approvals and:

1. Does not meet each of the variance criteria under this subsection, the local jurisdiction shall deny the requested variance and order removal or relocation of any structure and restoration of the affected resources; or

2. Does meet each of the variance criteria under this subsection, the local jurisdiction may grant approval to the requested variance.

(8) This subsection does not apply to building permits or activities that comply with a buffer exemption plan or buffer management plan of a local jurisdiction which has been approved by the Commission.

(9) Notwithstanding any provision of a local law or ordinance, or the lack of a provision in a local law or ordinance, all of the provisions of this subsection shall apply to, and shall be applied by, a local jurisdiction in the consideration, processing, and decision on an application for a variance.

(e) (1) The Commission shall adopt by regulation on or before December 1, 1985 criteria for program development and approval, which are necessary or appropriate to achieve the standards stated in subsection (b) of this section. Prior to developing its criteria and also prior to adopting its criteria, the Commission shall hold at least 6 regional public hearings, 1 in each of the following areas:

(i) Harford, Cecil, and Kent counties;

(ii) Queen Anne’s, Talbot, and Caroline counties;

(iii) Dorchester, Somerset, and Wicomico counties;

(iv) Baltimore City and Baltimore County;

(v) Charles, Calvert, and St. Mary’s counties; and

(vi) Anne Arundel and Prince George’s counties.

(2) During the hearing process, the Commission shall consult with each affected local jurisdiction.

(3) In accordance with its powers under § 8–1806(a) of this subtitle, the Commission may amend the criteria for program development and approval adopted under paragraph (1) of this subsection.

(f) Nothing in this section shall impede or prevent the dredging of any waterway in a critical area. However, dredging in a critical area is subject to other applicable federal and State laws and regulations.

(g) In adopting the initial land classification for the Atlantic Coastal Bays Critical Area, the local program:

(1) Of the Town of Ocean City shall classify as an intensely developed area that area that is within the municipal boundaries of Ocean City as of January 1, 2002; and

(2) Of Worcester County shall classify as an intensely developed area that area located on the western mainland that is east of Golf Course Road, south of Charles Street, and north of Route 707 (Old Bridge Road).

(h) The provisions of this subtitle and Title 27 of the Code of Maryland Regulations apply to the Atlantic Coastal Bays Critical Area.
Md. Code, Criminal Law § 8-502 — MD Code / Article gcr / Title 8 / Subtitle 5 / Section 8-502
§8–502.
Status: in_force

This part does not apply to a violation of Part II of this subtitle.
Md. Code, Transportation § 8-610 — MD Code / Article gtr / Title 8 / Subtitle 6 / Section 8-610
§8–610.
Status: in_force

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

(b) (1) “Construction phase” means the phase in which a highway project is advanced through detailed engineering, property acquisition, and construction to completion.

(2) This definition does not preclude the Administration from acquiring property during the project planning phase, and the completion of property acquisition does not constitute a commitment to the project’s alignment or construction.

(c) “Final project planning phase” means that portion of the project planning phase which follows the initial project planning phase. The final project planning phase includes:

(1) Detailed review of alternatives;

(2) Selection of final alignment and scope;

(3) Preparation of final environmental impact documents;

(4) Detailed design and engineering studies;

(5) Any formal federal approval of design and location;

(6) Full participation of the public; and

(7) Full participation of local, State, and federal agencies.

(d) “Highway needs inventory” means an identification of needs for highway projects, based on the latest evaluation of highway conditions and transportation needs by the Administration.

(e) “Initial project planning phase” means that portion of the project planning phase which includes:

(1) Notification of local, State, and federal officials;

(2) Initial interagency review;

(3) Initial systems planning;

(4) Identification of alternatives, as set forth in § 8–102 of this title, for the scope and the location of the project;

(5) Estimates of right–of–way requirements, including available detail with respect to specific properties affected, and of cost;

(6) Public meetings for discussion of the foregoing; and

(7) Reports of consultants, if any have been retained for the analysis of preliminary alternatives.

(f) (1) “Local governing body” means:

(i) The county commissioners or county council of a county; or

(ii) If the charter of the county provides for a county executive, the county executive and the county council.

(2) For purposes of this part, action by the local governing body of a charter county with a county executive means a majority vote of the county council:

(i) With the approval of the county executive; or

(ii) If the county executive does not grant approval within 10 days of the council action, with subsequent confirmation of the council action by two thirds of the members of the council.

(g) (1) “Local legislative delegation” means those members of the State Senate and of the House of Delegates who represent any part of the county involved.

(2) For purposes of this part, a “majority” of the local legislative delegation means a majority of those members of the State Senate and a majority of those members of the House of Delegates, voting separately.

(3) In any county which is divided into more than one senatorial district, the vote of approval or disapproval for each Senator shall be in direct proportion to the number of residents living in his senatorial district to the total county population. The population figures for each county and senatorial district shall be taken from the preceding U.S. Census Report. However, if a Senator representing more than one county is voting to approve or disapprove a project in his senatorial district, he shall have the same voting authority as the Senator representing the largest percentage of the population in that county. However, in those counties represented by exactly two senators, if a project is located exclusively in one senatorial district, that Senator shall have the prevailing vote on the approval or disapproval of that project.

(h) “Municipality” means the governing body of a municipality as defined in § 1–101 of the Local Government Article.

(i) “Project planning phase” means the phase in which engineering and environmental studies and analyses are conducted with full participation of the public, in addition to local, State, and federal agencies, to determine the scope and location of a proposed highway project.
Md. Code, Financial Institutions § 8-102 — MD Code / Article gfi / Title 8 / Subtitle 1 / Section 8-102
§8–102.
Status: in_force

(a) In Title 9 of this article and this title the policy of this State is to provide for:

(1) The protection of the interests of customers in savings and loan associations and the general public in the soundness and preservation of the industry;

(2) The safety and soundness of the business of savings and loan associations;

(3) The conservation of assets of savings and loan associations; and

(4) Adequate rulemaking power and administrative discretion so that regulation and supervision of savings and loan associations may be flexible and readily responsive to changes in economic conditions and to changes in savings and loan priorities.

(b) Title 9 of this article and this title embody standards to be observed by the Division Director in the exercise of the Director’s discretionary powers, in the adoption of regulations, in the examination and supervision of associations subject to Title 9, and in all matters of construction and application of Title 9 of this article and this title required for any determination or action of the Division Director.
Md. Code, Natural Resources § 8-725.5 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-725.5
§8–725.
Status: in_force

§8–725.5.

(a) The provisions of this section do not apply to persons who regularly catch or harvest seafood for sale while actually engaged in the catching or harvesting of the seafood.

(b) (1) Except as provided in subsection (d) of this section, a person may not operate a vessel on the waters of the State so as to exceed a noise level of 90dB(a).

(2) Noise level limits for waters of the State shall be measured using generally accepted testing procedures imposed by regulations adopted by the Department based on the Marine Environment Sound Level Measurement Procedure, SAE J 2005.

(3) An owner or lessee of a vessel may not allow the vessel to be operated on waters of the State in violation of paragraph (1) of this subsection.

(c) A person may not own or operate on any waters of the State any vessel manufactured after January 1, 1990, that is not equipped with a muffler or device or system which muffles or suppresses engine noise in accordance with regulations adopted by the Department.

(d) The Department may adopt regulations to permit exceptions to this section, including exceptions for:

(1) Economic hardship;

(2) Vessels participating or preparing to participate in a U.S. Coast Guard or Department approved race or event;

(3) The testing, repair, or development of vessel engines conducted by a bona fide engine or boat manufacturer or service person; and

(4) Vessels belonging to a volunteer fire department, ambulance company, rescue squad company, or advance life support company or a political subdivision.

(e) In addition to the provisions of subsection (b) of this section, the Department may adopt regulations to enforce this section, including regulations establishing noise limitations.

(f) (1) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:

(i) For the first offense, $500; and

(ii) For the second offense, $1,000 or imprisonment of 30 days or both.

(2) Paragraph (1) of this subsection does not limit or supersede any other penalty that may be imposed under this subtitle for a violation of any other law or regulation adopted under this subtitle.

(g) All regulations adopted by the Department under this section shall be in accordance with the Administrative Procedure Act under Title 10 of the State Government Article.
Md. Code, Criminal Law § 8-406 — MD Code / Article gcr / Title 8 / Subtitle 4 / Section 8-406
§8–406.
Status: in_force

(a) A person, on the person’s own behalf or on behalf of another, who receives, accepts, or takes in trust from another a warehouse or elevator receipt, bill of lading, or document giving, or purporting to give, title to, or the right to possession of, goods, wares, merchandise, or other personal property, subject to a written contract expressing the terms and conditions of the trust, may not fail to fulfill in good faith the terms and conditions of the trust.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not less than 1 year and not exceeding 10 years or a fine not less than $500 and not exceeding $5,000 or both.

(c) A person who violates this section is subject to § 5-106(b) of the Courts Article.
Md. Code, Health Occupations § 8-310 — MD Code / Article gho / Title 8 / Subtitle 3 / Section 8-310
§8–310.
Status: in_force

(a) A license to practice registered nursing authorizes the licensee to practice registered nursing while the license is effective.

(b) A licensee may practice registered nursing using only the name in which the license has been issued.
Md. Code, Real Property § 8A-1701 — MD Code / Article grp / Title 8A / Subtitle 17 / Section 8A-1701
§8A–1701.
Status: in_force

(a) Whenever the resident under any rental agreement, express or implied, verbal or written, shall fail to pay the rent when due and payable, it shall be lawful for the park owner to have again and repossess the premises so rented.

(b) Whenever any park owner shall desire to repossess any premises to which he is entitled, he or his duly qualified agent or attorney, shall make his written complaint under oath or affirmation, before the District Court of the county wherein the property is situated, describing in general terms the property sought to be repossessed, and also setting forth the name of the resident to whom the property is rented or his assignee or subtenant with the amount of rent due and unpaid; and praying by warrant to repossess the premises, together with judgment for the amount of rent due and costs. The District Court shall issue its summons, directed to any constable or sheriff of the county entitled to serve process, and ordering him to notify by first-class mail the tenant, assignee, or subtenant to appear before the District Court at the trial to be held on the fifth day after the filing of the complaint, to answer the park owner’s complaint to show cause why the prayer of the park owner should not be granted, and the constable or sheriff shall proceed to serve the summons upon the resident, assignee, or subtenant in the property or upon his known or authorized agent, but if for any reason, neither the resident, assignee, or subtenant, nor his agent, can be found, then the constable or sheriff shall affix an attested copy of the summons conspicuously upon the mobile home. The affixing of the summons upon the mobile home after due notification to the resident, assignee, or subtenant by first-class mail shall conclusively be presumed to be a sufficient service to all persons to support the entry of a default judgment for possession of the premises, together with court costs, in favor of the park owner, but it shall not be sufficient service to support a default judgment in favor of the park owner for the amount of rent due.

(c) (1) If, at the trial on the fifth day indicated in subsection (b) of this section, the court is satisfied that the interests of justice will be better served by an adjournment to enable either party to procure his necessary witnesses, he may adjourn the trial for a period not exceeding 1 day, except that if the consent of all parties is obtained, the trial may be adjourned for a longer period of time.

(2) If, when the trial occurs, it appears to the satisfaction of the court, that the rent, or any part of the rent, is actually due and unpaid, the court shall determine the amount of rent due and enter a judgment in favor of the park owner for possession of the premises. The court may also give judgment in favor of the park owner for the amount of rent determined to be due together with costs of the suit if the court finds that the actual service of process made on the defendant would have been sufficient to support a judgment in an action in contract or tort.

(3) The court, when entering the judgment, shall also order the resident to yield and render possession of the premises to the park owner, or his agent or attorney, within 30 days after the trial.

(4) The court may, upon presentation of a certificate signed by a physician certifying that surrender of the premises within this 30-day period would endanger the health or life of the resident or any other occupant of the premises, extend the time for surrender of the premises as justice may require. However, the court may not extend the time for the surrender of the premises beyond 45 days after the trial.

(5) However, if the resident, or someone for him, at the trial, or adjournment of the trial, tenders to the park owner the rent determined by the court to be due and unpaid, together with the costs of the suit, the complaint against the resident shall be entered as being satisfied.

(d) If judgment is given in favor of the park owner, and the resident fails to comply with the requirements of the order within 15 days, the court shall, at any time after the expiration of the 15 days, issue its warrant, directed to any official of the county entitled to serve process, ordering him to cause the park owner to have again and repossess the property by putting him (or his duly qualified agent or attorney for his benefit) in possession thereof, and for that purpose to remove from the property, by force if necessary, the mobile home and all additions or attachments of every description whatsoever belonging to the resident, or to any person claiming or holding by or under said resident. If the park owner does not order a warrant of restitution within 60 days from the date of judgment or from the expiration date of any stay of execution, whichever shall be the later, the judgment for possession shall be stricken.

(e) (1) Subject to paragraph (3) of this subsection, in any action of summary ejectment for failure to pay rent where the park owner is awarded a judgment giving the park owner restitution of the leased premises, the resident shall have the right to redemption of the leased premises by tendering in cash, certified check, or money order to the park owner or the park owner’s agent all past due rent and late fees, plus all court awarded costs and fees, at any time before actual execution of the eviction order.

(2) An electronic or written check issued by a political subdivision or on behalf of a governmental entity shall have the same legal effect as a payment made by the resident under paragraph (1) of this subsection.

(3) This subsection does not apply to any resident against whom three judgments of possession have been entered for rent due and unpaid in the 12 months prior to the initiation of the action to which this subsection otherwise would apply.

(f) The resident or the park owner may appeal from the judgment of the District Court to the circuit court for any county at any time within 2 days from the rendition of the judgment. The resident, in order to stay any execution of the judgment, shall give a bond to the park owner with one or more sureties, who are owners of sufficient property in the State of Maryland, with condition to prosecute the appeal with effect, and answer to the park owner in all costs and damages mentioned in the judgment, and such other damages as shall be incurred and sustained by reason of the appeal. The bond shall not affect in any manner the right of the park owner to proceed against the resident, assignee, or subtenant for any and all rents that may become due and payable to the park owner after the rendition of the judgment.
Md. Code, Insurance § 8-208 — MD Code / Article gin / Title 8 / Subtitle 2 / Section 8-208
§8–208.
Status: in_force

(a) A managing general agent may not place business with an insurer or maintain loss reserves from which claims against an insurer may be paid unless a written contract is in force between the managing general agent and insurer.

(b) At a minimum, the contract shall:

(1) state the responsibilities of each party and specify the division of responsibilities for shared functions;

(2) provide that the insurer may:

(i) terminate the contract for cause on written notice to the managing general agent; and

(ii) suspend the managing general agent’s underwriting authority during a dispute about the termination;

(3) require the managing general agent to:

(i) give accounts to the insurer detailing all transactions; and

(ii) remit to the insurer at least monthly all money due under the contract;

(4) require that:

(i) all money collected for the account of the insurer be held by the managing general agent in a fiduciary capacity in a federally insured financial institution; and

(ii) all payments for the insurer be made from this account;

(5) prohibit the managing general agent from keeping more than 3 months’ estimated claims payments and allocated loss adjustment expenses;

(6) require the managing general agent to:

(i) keep separate records of business written for the insurer; and

(ii) allow the insurer and the Commissioner to have access to those records;

(7) require the managing general agent to keep all books, records, and accounts in a form acceptable to the Commissioner;

(8) prohibit the managing general agent from wholly or partly assigning the contract;

(9) state appropriate underwriting guidelines, including:

(i) maximum annual volume of premiums;

(ii) types or classifications of risks that may be written;

(iii) maximum limits of liability;

(iv) applicable exclusions;

(v) territorial limitations;

(vi) provisions for cancellation of policies; and

(vii) maximum periods of policies;

(10) subject to all applicable laws about policy cancellation and nonrenewal, grant the insurer the right to cancel or nonrenew any policy underwritten by the managing general agent;

(11) require the managing general agent, when conducting business or entering into contracts on behalf of or for the benefit of the insurer, to comply with all applicable insurance laws and regulations; and

(12) address the timely transmission of data for any electronic claims files.

(c) (1) This subsection applies if:

(i) the contract provides for a sharing of profits by the managing general agent; and

(ii) the managing general agent has the authority to determine the amount of interim profits by establishing loss reserves, controlling claims payments, or any other method.

(2) Interim profits may not be paid to a managing general agent subject to this subsection:

(i) until:

1. at least 1 year after the profits are earned, for property insurance business; or

2. at least 5 years after the profits are earned, for casualty insurance business; and

(ii) until the profits have been verified by the insurer under § 8-210 of this subtitle.

(d) If the contract allows the managing general agent to settle claims for the insurer:

(1) the managing general agent shall report all claims to the insurer in a timely manner;

(2) the managing general agent shall give to the insurer a copy of any claim file that:

(i) is requested by the insurer;

(ii) involves a coverage dispute;

(iii) potentially exceeds the managing general agent’s settlement authority;

(iv) remains open for more than 6 months after the date the managing general agent receives the claim; or

(v) is settled in an amount of more than $500;

(3) the insurer may:

(i) terminate for cause any settlement authority granted to the managing general agent if the insurer gives the managing general agent 30 days’ notice of the termination; and

(ii) suspend the settlement authority during a dispute about the cause for termination; and

(4) all claims files are property of the insurer except, if the Commissioner obtains an order of liquidation, rehabilitation, reorganization, or conservation against an insurer, the claims files become the property of the person appointed liquidator, rehabilitator, conservator, or receiver.
Md. Code, Labor and Employment § 8-406 — MD Code / Article gle / Title 8 / Subtitle 4 / Section 8-406
§8–406.
Status: in_force

A check that the State Treasurer issues to pay benefits or refunds shall:

(1) be issued only on a warrant signed by the Secretary;

(2) bear the signature of the State Treasurer; and

(3) be countersigned by an authorized agent.
Md. Code, Natural Resources § 8-714 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-714
§8–714.
Status: reserved

(a) If a licensed dealer or manufacturer owns a vessel mainly used in the dealer’s or manufacturer’s business and held for sale and that otherwise is required to be numbered under this title, the dealer or manufacturer may apply to the Department for the issuance of as many dealer’s or manufacturer’s certificates of number as are required for the normal operation of business and as the Department authorizes. A broker licensed as a dealer may not obtain manufacturer’s or dealer’s certificates.

(b) Numbers displayed by authority of manufacturer’s or dealer’s certificates of number may be transferred from 1 vessel to another vessel owned by the manufacturer or dealer and may be affixed in a temporary manner. These numbers shall be used only on vessels demonstrated, tested, or owned by the manufacturer or dealer, and these numbers are not valid for use on the vessels when chartered, rented, or leased by the manufacturer or dealer.

(c) (1) Each application for the manufacturer’s or dealer’s certificates of number shall be on forms the Department approves and be accompanied by a fee of $70.

(2) The certificate of number issued under this section is valid for a period not to exceed 2 years and shall expire on December 31 of the calendar year following the year the certificate is issued.
Md. Code, Labor and Employment § 8-5A-12 — MD Code / Article gle / Title 8 / Subtitle 5A / Section 8-5A-12
§8–5A–12.
Status: in_force

(a) (1) A final decision of the Board of Appeals may be appealed to a circuit court by any party aggrieved by the decision, the Secretary, or both.

(2) In addition to standing authorized under paragraph (1) of this subsection, the Secretary may appeal on behalf of the federal government any decision of the Board of Appeals in which the Secretary is an agent of the federal government and responsible for the administration of a federal unemployment compensation program.

(3) The Board of Appeals may be a party to an appeal under this section and may be represented by the Attorney General or by any qualified lawyer who is a regular salaried employee of the Board of Appeals and who has been designated by it for that purpose on recommendation of the Attorney General.

(4) A court or an officer of a court may not charge an individual who claims benefits a fee in any proceeding under this title.

(b) An employer that is aggrieved by a final decision under § 8–602 or § 8–629 or § 8–638 of this title may appeal to the circuit court for Baltimore City or for a county where the employer does business.

(c) The Board of Appeals may certify to a circuit court a question of law that is involved in a decision by the Board of Appeals.

(d) In a judicial proceeding under this section, findings of fact of the Board of Appeals are conclusive and the jurisdiction of the court is confined to questions of law if:

(1) findings of fact are supported by evidence that is competent, material, and substantial in view of the entire record; and

(2) there is no fraud.

(e) (1) A circuit court shall give priority to an appeal or a certified question of law under this section over all other civil cases except cases under the Workers’ Compensation Law of the State.

(2) A circuit court shall hear an appeal or a certified question of law under this section in a summary manner.

(f) In a judicial proceeding under this section, a circuit court may not require a person to:

(1) enter an exception to a ruling of the Board of Appeals; or

(2) post a bond for entering an appeal.

(g) A party may appeal from a decision of a circuit court to the Appellate Court of Maryland in the same manner as provided for in civil cases, consistent with this title.
Md. Code, Tax - Property § 8-202 — MD Code / Article gtp / Title 8 / Subtitle 2 / Section 8-202
§8–202.
Status: in_force

Except as provided in § 8-201 of this subtitle, all property that is subject to property tax shall be assessed by the supervisor for the county where the property is located.
Md. Code, Criminal Procedure § 8-401 — MD Code / Article gcp / Title 8 / Subtitle 4 / Section 8-401
§8–401.
Status: in_force

The failure to seek an appeal in a criminal case may not be construed as a waiver of the right to file a petition for writ of error coram nobis.
Md. Code, Transportation § 8-307 — MD Code / Article gtr / Title 8 / Subtitle 3 / Section 8-307
§8–307.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, if any property acquired under this subtitle is subject to a front-foot or other benefit assessment levied by a special tax district, the amount of the assessment unpaid at the date of the acquisition, including any interest on the assessment accrued to that date, immediately becomes due and payable to the special tax district and constitutes a lien against the property.

(2) If the property acquired is only a part of a larger lot, parcel, or other unit of land on which a single assessment is levied, the amount of the unpaid assessment and accrued interest that becomes due and payable and subject to this section is limited to that percentage of the full assessment and interest that is equitably attributable to the part acquired, computed and prorated in accordance with the basis, whether front footage, size, number of units, or otherwise, by which the full assessment was computed for and levied on the entire lot, parcel, or other unit.

(b) If the property is acquired otherwise than by condemnation, the Administration, before final settlement with the property owner, shall provide for payment of the unpaid amount of the assessment to the special tax district by deducting this amount from the total amount to be paid to the property owner. Until the assessment is paid and the lien satisfied, a deed evidencing the acquisition may not be recorded among the land records of the county.

(c) (1) If the property is acquired by condemnation, the provisions of this subsection apply.

(2) If the special tax district is not a party to the condemnation proceeding, the jury may consider the amount of the unpaid assessment in determining the amount of damages. If it does so, the property owner is entitled to the full amount awarded for the property value, and the amount due for the unpaid assessment shall be paid by the Administration to the special tax district. If it does not do so, the Administration shall provide for the payment of the unpaid assessment as required by subsection (b) of this section.

(3) If the special tax district is a party to the condemnation proceeding, the jury shall make:

(i) An award in favor of the special tax district for the unpaid amount of the assessment; and

(ii) A separate award in favor of the property owner for the value of the property, less the unpaid amount of the assessment.
Md. Code, Human Services § 8-405 — MD Code / Article ghu / Title 8 / Subtitle 4 / Section 8-405
§8–405.
Status: in_force

There is a local care team in each county.
Md. Code, Health Occupations § 8-314 — MD Code / Article gho / Title 8 / Subtitle 3 / Section 8-314
§8–314.
Status: in_force

(a) Unless the Board agrees to accept the surrender of a license, a licensed registered nurse, licensed practical nurse, or holder of a temporary license may not surrender the license.

(b) The Board may require terms and conditions on an agreement with the licensee to accept surrender of the license.

(c) An agreement to accept the surrender of a license is a final order of the Board and is a public record.
Md. Code, Transportation § 8-213 — MD Code / Article gtr / Title 8 / Subtitle 2 / Section 8-213
§8–213.
Status: in_force

(a) With the approval of the Secretary, the Chairman of the Commission may adopt any bylaws and rules of procedure that the Chairman considers necessary to conduct the business of the Commission.

(b) (1) The Commission shall meet at least twice each month and at any other time that the Chairman or the Secretary requests.

(2) A majority of the members of the Commission constitutes a quorum for the conduct of its business.
Md. Code, Labor and Employment § 8-1504 — MD Code / Article gle / Title 8 / Subtitle 15 / Section 8-1504
§8–1504.
Status: in_force

(a) Except as provided in subsection (b) of this section, with respect to unemployment that occurs during an additional benefit period, a former servicemember who is eligible under this subtitle:

(1) is entitled to a total amount of additional benefits not exceeding 13 times the former servicemember’s weekly benefit amount; and

(2) for each week for which additional benefits are payable, is entitled to allowances for dependents in addition to the additional benefits.

(b) A former servicemember’s entitlement to additional benefits ceases after having received a total of 26 times the former servicemember’s weekly benefit amount in any combination of UCX or additional benefits.
Md. Code, Correctional Services § 8-408 — MD Code / Article gcs / Title 8 / Subtitle 4 / Section 8-408
§8–408.
Status: in_force

Article VI

(a) In determining the duration and expiration dates of the time periods provided in §§ 8-405 and 8-406 of this subtitle (Articles III and IV of the Agreement), the running of these time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.

(b) No provision of this Agreement, and no remedy made available by this Agreement, shall apply to any person who is adjudged to be mentally ill.
Md. Code, Education § 8-601 — MD Code / Article ged / Title 8 / Subtitle 6 / Section 8-601
§8–601.
Status: in_force

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

(b) “Eligible individual” means an individual who:

(1) Is a resident of the State;

(2) Is identified by an otolaryngologist or a licensed audiologist as having a hearing loss; and

(3) (i) Is under the age of 21 years; and

(ii) Has not graduated from high school.

(c) “Licensed audiologist” means an individual who is licensed to practice audiology under Title 2 of the Health Occupations Article.

(d) “Loan Bank” means the Hearing Aid and Language and Communication Video Loan Bank.

(e) “Otolaryngologist” means an individual who:

(1) Is licensed to practice medicine under Title 14 of the Health Occupations Article; and

(2) Specializes in otolaryngology.

(f) “Program” means the Hearing Aid and Language and Communication Video Loan Bank Program.
Md. Code, State Finance and Procurement § 8-122.1 — MD Code / Article gsf / Title 8 / Subtitle 1 / Section 8-122.1
§8–122.
Status: in_force

§8–122.1.

(a) Upon sale of State bonds authorized by an enabling act, the principal amount of the loan authorized by that enabling act shall be reduced by:

(1) the stated principal amount of the State bonds sold, if the bonds are sold at 95% or more of par; or

(2) the cash proceeds, excluding any accrued interest, received for the State bonds, if the bonds are sold at less than 95% of par.

(b) Whenever State bonds are sold as a consolidated issue at less than 95% of par, the Board, by resolution, shall determine the manner in which the cash proceeds received for the bonds, excluding accrued interest, shall be allocated among the loans included in that issue.
Md. Code, Public Safety § 8-303 — MD Code / Article gps / Title 8 / Subtitle 3 / Section 8-303
§8–303.
Status: in_force

(a) This section applies to Allegany County, Calvert County, Charles County, Frederick County, Garrett County, Kent County, and St. Mary’s County.

(b) The county commissioners of a county subject to this section have the express power to guarantee or insure financial loans made by a governmental third party to a volunteer fire company that:

(1) is located within the county; or

(2) has a mutual aid agreement with the county.
Md. Code, Real Property § 8A-403 — MD Code / Article grp / Title 8A / Subtitle 4 / Section 8A-403
§8A–403.
Status: in_force

(a) A park owner may charge the resident a reasonable service fee, based on an amount that the park owner directly incurs, for installing, placing on, or removing a mobile home from the site.

(b) In each case where a fee has been charged by a park owner, a written description detailing the fee shall be provided by the park owner to the resident.
Md. Code, Transportation § 8-310 — MD Code / Article gtr / Title 8 / Subtitle 3 / Section 8-310
§8–310.
Status: in_force

(a) In this section, “Board” means the State Highway Access Valuation Board.

(b) (1) The Secretary shall establish a State Highway Access Valuation Board in the Administration.

(2) The Board shall consist of:

(i) The Administrator or the Administrator’s designee;

(ii) The Secretary of the Department of Planning or the Secretary’s designee; and

(iii) The Secretary of Commerce or the Secretary’s designee.

(3) The Administrator or the Administrator’s designee shall serve as chairman of the Board.

(4) The Board shall determine the times and locations of its meetings and shall conduct business in accordance with procedures established by the Board.

(5) A member of the Board:

(i) May not receive compensation as a member of the Board; but

(ii) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(6) The Administration shall provide staff to the Board.

(c) (1) This subsection does not apply to an interstate highway.

(2) If an owner of property that abuts a State highway where the State owns control of access seeks to purchase a right of access to the highway, the owner may petition the Administration to sell to the owner a right of access.

(3) Within 60 days of receiving a petition under paragraph (2) of this subsection, the Administration shall act on the petition.

(4) The Administration shall:

(i) Approve the granting of the right to access the State highway, the terms governing access, and, if available at the time, the cost of the right of access; or

(ii) Deny the petition, citing the Administration’s reasons for denial.

(5) If the Administration is willing to grant access to a State highway to the owner of abutting property but is unable to determine the cost within the time required under paragraph (3) of this subsection, the Administration shall inform the property owner of the cost of the right of access within 60 days after its response under paragraph (4)(i) of this subsection.

(d) If a petitioner is not satisfied with the decision of the Administration on the cost of the right of access under subsection (c)(4) or (5) of this section, the owner may appeal the Administration’s decision to the Board.

(e) Following receipt of an appeal under subsection (d) of this section, the Board shall:

(1) Review the appeal and request any documentation that the Board considers necessary to fully consider the property owner’s request to purchase the right of access and the Administration’s response;

(2) Hold at least one public hearing on the appeal of the property owner and response of the Administration; and

(3) Evaluate the appeal in terms of the impact that a grant of access rights would have on economic development, environmental protection, and other policy considerations that the Board considers relevant.

(f) (1) At any time following the public hearing, but within 6 months of the date of the petition, the Board shall render a final decision on the appeal.

(2) The Board may affirm, reverse, or modify the decision of the Administration on the cost of the right of access from which the property owner appealed.

(3) The Board may include the terms of the sale related to the cost of the right of access in its decision on the cost of the right of access.

(4) A decision by the Board under this subsection:

(i) Shall be based on the record developed by the Board;

(ii) Shall require the affirmative vote of at least two members of the Board; and

(iii) Notwithstanding any other provision of law, shall be binding on the Administration, but subject to approval of the Board of Public Works.
Md. Code, Labor and Employment § 8-103 — MD Code / Article gle / Title 8 / Subtitle 1 / Section 8-103
§8–103.
Status: in_force

(a) To the extent necessary to ensure that the United States Secretary of Labor certifies this title under § 3304 of the Internal Revenue Code and unless this title clearly indicates an intent to the contrary, this title shall be construed in a manner consistent with the relevant provisions of the Internal Revenue Code, the Federal Social Security Act, the Federal-State Extended Unemployment Compensation Act of 1970, and the Federal Trade Act of 1974.

(b) If implementation of a provision of Title 10, Subtitle 2 of the State Government Article (Administrative Procedure Act - Contested Cases) affects federal funds otherwise available under this title, the Department shall advise the Governor and request appropriate action under § 10-225 of the State Government Article.
Md. Code, Business Regulation § 8-308 — MD Code / Article gbr / Title 8 / Subtitle 3 / Section 8-308
§8–308.
Status: in_force

(a) The Secretary may stagger the terms of licenses.

(b) Unless a license is renewed for a 2–year term as provided in this section, the license expires:

(1) if the Secretary staggers the terms of licenses, on the date that the Secretary sets; or

(2) if the Secretary does not stagger the terms of licenses, on the first June 30 that comes after the effective date of the license in an odd–numbered year.

(c) (1) At least 1 month before a license expires, the Commission shall mail or electronically transmit to the licensee:

(i) a renewal application form; and

(ii) a notice that states:

1. the date on which the current license expires; and

2. the amount of the renewal fee.

(2) If an electronic transmission under paragraph (1) of this subsection is returned to the Commission as undeliverable, the Commission shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Commission received the notice that the electronic transmission was undeliverable.

(d) (1) Before a license expires, the licensee periodically may renew it for an additional 2–year term, if the licensee:

(i) otherwise is entitled to be licensed;

(ii) submits to the Commission a renewal application on the form that the Commission provides;

(iii) submits to the Commission proof of compliance with the insurance requirement of § 8–302.1 of this subtitle, if the licensee is renewing a contractor license;

(iv) submits to the Commission the Department of the Environment lead paint abatement accreditation number and accreditation expiration date, if the licensee provides lead paint abatement services; and

(v) pays to the Commission a renewal fee set by the Commission.

(2) A licensee that is incorporated or has its principal office in another state shall pay to the Commission the fee imposed in that state on a similar nonresident business if that fee is higher than the renewal fee set by the Commission.

(e) For renewal of a contractor license, the licensee shall:

(1) submit to the Commission, by a credit reporting agency approved by the Commission, a credit report that contains the information required by the Commission; or

(2) pay to the Commission or the Commission’s designee a credit report fee in an amount not to exceed the cost charged by a credit reporting agency approved by the Commission to obtain a credit report that contains the information required by the Commission for renewal of a contractor license.

(f) (1) The Commission shall renew the license of each licensee who meets the requirements of this section.

(2) The Commission may not renew a contractor license unless the contractor submits proof of compliance with the insurance requirement of § 8–302.1 of this subtitle.

(g) A licensed contractor shall give the Commission notice of the cancellation of insurance required under § 8–302.1 of this subtitle at least 10 days before the effective date of the cancellation.
Md. Code, Transportation § 8-507 — MD Code / Article gtr / Title 8 / Subtitle 5 / Section 8-507
§8–507.
Status: in_force

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

(2) “Municipality” means any municipal corporation in this State that is entitled to receive federal-aid urban funds.

(3) “Urban area” means an area with boundaries fixed by the Administration that includes and is adjacent to a municipality or other urban place having a population of at least 5,000, as determined by the latest federal census.

(b) (1) There is a County Highway Construction Fund in the Transportation Trust Fund.

(2) There is a Municipality-Urban Area Highway Construction Fund in the Transportation Trust Fund.

(c) In accordance with this section and Part II of Title 7, Subtitle 2 of the State Finance and Procurement Article, and with the consent of the Secretary, the Administration in any fiscal year may allocate from the Transportation Trust Fund:

(1) To the County Highway Construction Fund, an amount equal to the amount of federal-aid secondary highway funds that:

(i) Are available to the Administration from the Federal Highway Administration;

(ii) Are allocated by the Administration to the counties; and

(iii) The counties later release to the Administration for use on the State highway system; and

(2) To the Municipality-Urban Area Highway Construction Fund, with the approval of the releasing municipalities or urban areas, an amount equal to the amount of federal-aid urban highway funds that:

(i) Are available to the Administration from the Federal Highway Administration;

(ii) Are allocated by the Administration to the municipalities and urban areas; and

(iii) The municipalities or urban areas later release to the Administration for use on the State highway system.

(d) (1) The Administration may apportion the amounts in each fund.

(2) Each county, municipality, or urban area that participates in a program under this section shall furnish matching construction amounts.

(e) The County Highway Construction Fund, the Municipality-Urban Area Highway Construction Fund, and the matching amounts required by this section may be spent only for highway construction and reconstruction under rules and regulations adopted by the Administration.
Md. Code, Labor and Employment § 8-902 — MD Code / Article gle / Title 8 / Subtitle 9 / Section 8-902
§8–902.
Status: in_force

(a) To be eligible for benefits, an individual shall enroll with a public employment office in accordance with regulations adopted under this title.

(b) Subject to § 8–808(b) of this title, by regulation, the Secretary may alter or waive the requirements of subsection (a) of this section for:

(1) an individual attached to a regular job; or

(2) an individual for whom the Secretary finds that compliance with those requirements would be oppressive or inconsistent with the purposes of this title.
Md. Code, Labor and Employment § 8-311.2 — MD Code / Article gle / Title 8 / Subtitle 3 / Section 8-311.2
§8–311.
Status: in_force

§8–311.2.

(a) For the purposes of this section, a disaster exists if the Department, for 4 consecutive weeks, fails to pay at least 82% of first payments within 21 days after the week ending date of the first compensable week in the benefit year.

(b) (1) The Department shall monitor the Unemployment Insurance Fund for a disaster.

(2) When the Assistant Secretary of the Division of Unemployment Insurance determines that there is a disaster, the Department shall comply with the reporting requirements established under subsection (c) of this section.

(3) (i) The disaster reporting requirements shall remain in effect until the Department, for 4 consecutive weeks, is paying at least 87% of first payments within 21 days after the week ending date of the first compensable week in the benefit year, in accordance with guidelines published by the U.S. Department of Labor.

(ii) When the disaster reporting requirements are no longer in effect under subparagraph (i) of this paragraph, the Assistant Secretary of the Division of Unemployment Insurance shall announce that the Department is no longer required to issue the disaster report under subsection (c) of this section.

(c) (1) The Department shall submit a disaster report to the presiding officers, the Senate Finance Committee, and the House Economic Matters Committee, in accordance with § 2–1257 of the State Government Article:

(i) within 7 days after the disaster determination; and

(ii) every 30 days thereafter while the disaster is ongoing.

(2) The report shall include:

(i) the Unemployment Insurance Fund balance immediately preceding the disaster determination;

(ii) the current balance of the Unemployment Insurance Fund; and

(iii) the Department’s anticipated office staffing needs over the next 30, 60, and 90 days;

(3) the Department’s plan for meeting staffing needs; and

(4) an update on federal funding and support for the Unemployment Insurance Fund.

(d) During a disaster, the Department shall:

(1) be exempt from requirements under the State Finance and Procurement Article for staffing; and

(2) hire additional full–time or part–time staff who are State employees, contractual employees, or individuals under contract with a third–party vendor as needed to meet staffing needs and to respond to issues raised by claimants and employers.

(e) During a disaster, the Assistant Secretary for the Division of Unemployment Insurance shall oversee compliance with the requirements of this section.
Md. Code, Commercial Law § 8-504 — MD Code / Article gcl / Title 8 / Subtitle 5 / Section 8-504
§8–504.
Status: in_force

(a) A securities intermediary shall promptly obtain and thereafter maintain a financial asset in a quantity corresponding to the aggregate of all security entitlements the securities intermediary has established in favor of its entitlement holders with respect to that financial asset. The securities intermediary may maintain those financial assets directly or through one or more other securities intermediaries.

(b) Except to the extent otherwise agreed by its entitlement holder, a securities intermediary may not grant any security interests in a financial asset it is obligated to maintain in accordance with subsection (a) of this section.

(c) A securities intermediary satisfies the duty in subsection (a) of this section if:

(1) The securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or

(2) In the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to obtain and maintain the financial asset.

(d) This section does not apply to a clearing corporation that is itself the obligor of an option or similar obligation to which its entitlement holders have security entitlements.
Md. Code, Health Occupations § 8-6A-07 — MD Code / Article gho / Title 8 / Subtitle 6A / Section 8-6A-07
§8–6A–07.
Status: in_force

§8–6A–07. IN EFFECT

(a) Subject to subsection (g) of this section, the Board shall certify any applicant who meets the requirements of this subtitle.

(b) (1) The Board shall:

(i) Issue each new certified nursing assistant, dialysis technician, or medication technician a certificate number and registration certificate that indicates the initial certificate was issued by the Board; and

(ii) Electronically record each certificate in the Board’s database and on the Board’s website.

(2) Each certificate shall include:

(i) Any expiration date;

(ii) The type of certificate; and

(iii) Any specific category of nursing assistant.

(c) An individual who has met the requirements for a certified nursing assistant shall be certified with the title of “certified nursing assistant”.

(d) An individual who routinely performs nursing tasks delegated by a registered nurse or licensed practical nurse for compensation and has also completed a Board–approved course in medication administration shall be certified with the title of “certified medicine aide”.

(e) An individual who has met the requirements for a certified dialysis technician shall be certified with the title of “certified dialysis technician”.

(f) An individual who has met the requirements for a certified medication technician shall be certified with the title of “certified medication technician”.

(g) (1) The Board may issue a temporary practice certificate to an applicant who:

(i) Has met the appropriate certification requirements of this subtitle to the satisfaction of the Board; and

(ii) Does not have a criminal record and has not been the subject of a health professional disciplinary action in this State or another jurisdiction.

(2) Unless the Board suspends or revokes a temporary practice certificate, the temporary practice certificate expires 90 days after issuance.

(3) A temporary practice certificate may be extended up to an additional 90 days if the applicant is awaiting the completion of criminal history record information.

(h) A medication technician graduate may practice for no more than 90 days from the date of completion of a medication technician training program without certification by the Board.

(i) (1) On receipt of the criminal history record information of an applicant for certification as a certified nursing assistant or dialysis technician forwarded to the Board in accordance with § 8–303 of this title, in determining whether to grant a certificate, the Board shall consider:

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

(ii) The circumstances surrounding the crime;

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

(iv) Subsequent work history;

(v) Employment and character references; and

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

(2) The Board may not issue a certificate if the criminal history record information required under § 8–303 of this title has not been received.

§8–6A–07. ** TAKES EFFECT APRIL 1, 2026 PER CHAPTER 416 OF 2025 **

(a) Subject to subsection (g) of this section, the Board shall certify any applicant who meets the requirements of this subtitle.

(b) (1) The Board shall:

(i) Issue each new certified nursing assistant, dialysis technician, or medication technician a certificate number that indicates the initial certificate was issued by the Board; and

(ii) Electronically record each certificate in the Board’s database and on the Board’s website.

(2) Each certificate available through the Board’s website shall include:

(i) Any expiration date;

(ii) The type of certificate; and

(iii) Any specific category of nursing assistant.

(c) An individual who has met the requirements for a certified nursing assistant on or after April 1, 2026, shall be certified with the title of “certified nursing assistant–I”.

(d) An individual who routinely performs nursing tasks delegated by a registered nurse or licensed practical nurse for compensation and has also completed a Board–approved course in medication administration shall be certified with the title of “certified medicine aide”.

(e) An individual who has met the requirements for a certified dialysis technician shall be certified with the title of “certified dialysis technician”.

(f) An individual who has met the requirements for a certified medication technician shall be certified with the title of “certified medication technician”.

(g) (1) The Board may issue a temporary practice certificate to an applicant who:

(i) Has met the appropriate certification requirements of this subtitle to the satisfaction of the Board; and

(ii) Does not have a criminal record and has not been the subject of a health professional disciplinary action in this State or another jurisdiction.

(2) Unless the Board suspends or revokes a temporary practice certificate, the temporary practice certificate expires 90 days after issuance.

(3) A temporary practice certificate may be extended up to an additional 90 days if the applicant is awaiting the completion of criminal history record information.

(h) A medication technician graduate may practice for no more than 90 days from the date of completion of a medication technician training program without certification by the Board.

(i) (1) On receipt of the criminal history record information of an applicant for certification as a certified nursing assistant or dialysis technician forwarded to the Board in accordance with § 8–303 of this title, in determining whether to grant a certificate, the Board shall consider:

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

(ii) The circumstances surrounding the crime;

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

(iv) Subsequent work history;

(v) Employment and character references; and

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

(2) The Board may not issue a certificate if the criminal history record information required under § 8–303 of this title has not been received.
Md. Code, Health Occupations § 8-6B-11 — MD Code / Article gho / Title 8 / Subtitle 6B / Section 8-6B-11
§8–6B–11.
Status: in_force

(a) Subject to the provisions of this section, the Board may issue a license by endorsement and waive the examination requirement of this subtitle for an individual who is licensed to practice electrology in another state.

(b) The Board may issue a license by endorsement under this section only if the applicant:

(1) Pays the license fee required by the Board; and

(2) Provides adequate evidence that the applicant:

(i) Meets the qualifications otherwise required by this subtitle;

(ii) Became licensed in the other state after passing in that state, or any other state, an examination that is substantially equivalent to an examination approved by the Board; and

(iii) Became licensed in the other state after meeting requirements that are substantially equivalent to the requirements of this subtitle.
Md. Code, Tax - General § 8-404 — MD Code / Article gtg / Title 8 / Subtitle 4 / Section 8-404
§8–404.
Status: in_force

(a) Each public service company that, in a calendar year, has gross receipts derived from business in the State or delivers electricity or natural gas for final consumption in the State shall complete, under oath, and file with the Department a public service company franchise tax return, on or before April 15th of the next year.

(b) (1) Each public service company that reasonably expects its public service company franchise tax for a year to exceed $1,000 shall complete, under oath, and file with the Department a declaration of estimated tax, on or before April 15 of that year.

(2) A public service company required under paragraph (1) of this subsection to file a declaration of estimated tax for a taxable year shall complete and file with the Department a quarterly estimated tax return on or before June 15, September 15, and December 15 of that year.

(c) A public service company shall file with the return an attachment that states any information that the Department requires to determine gross receipts derived from business in the State or kilowatt hours or therms of natural gas delivered for final consumption in the State.
Md. Code, Commercial Law § 8-509 — MD Code / Article gcl / Title 8 / Subtitle 5 / Section 8-509
§8–509.
Status: in_force

(a) If the substance of a duty imposed upon a securities intermediary by §§ 8-504 through 8-508 of this subtitle is the subject of other statute, regulation, or rule, compliance with that statute, regulation, or rule satisfies the duty.

(b) To the extent that specific standards for the performance of the duties of a securities intermediary or the exercise of the rights of an entitlement holder are not specified by other statute, regulation, or rule or by agreement between the securities intermediary and entitlement holder, the securities intermediary shall perform its duties and the entitlement holder shall exercise its rights in a commercially reasonable manner.

(c) The obligation of a securities intermediary to perform the duties imposed by §§ 8-504 through 8-508 of this subtitle is subject to:

(1) Rights of the securities intermediary arising out of a security interest under a security agreement with the entitlement holder or otherwise; and

(2) Rights of the securities intermediary under other law, regulation, rule, or agreement to withhold performance of its duties as a result of unfulfilled obligations of the entitlement holder to the securities intermediary.

(d) Sections 8-504 through 8-508 of this subtitle do not require a securities intermediary to take any action that is prohibited by other statute, regulation, or rule.
Md. Code, Criminal Law § 8-513 — MD Code / Article gcr / Title 8 / Subtitle 5 / Section 8-513
§8–513.
Status: in_force

A person may not knowingly and willfully make, cause to be made, induce, or attempt to induce the making of a false representation with respect to the conditions or operation of a facility, institution, or State health plan in order to help the facility, institution, or State health plan qualify to receive reimbursement under a State health plan.
Md. Code, Business Regulation § 8-308.1 — MD Code / Article gbr / Title 8 / Subtitle 3 / Section 8-308.1
§8–308.
Status: in_force

§8–308.1.

(a) The Commission shall place the license of a licensee on inactive status, and issue an inactive status certificate to the licensee, if the licensee:

(1) submits to the Commission an application for inactive status on the form that the Commission provides;

(2) pays to the Commission an inactive status application fee set by the Commission;

(3) except for the liability insurance requirement of § 8–302.1 of this subtitle, qualifies for an active license; and

(4) returns the license of the licensee to the Commission.

(b) (1) The holder of a contractor license that is on inactive status may not act as a contractor in the State.

(2) The holder of a salesperson license that is on inactive status may not sell a home improvement in the State.

(c) (1) The holder of a contractor license that is on inactive status is not required to meet the liability insurance requirement of § 8–302.1 of this subtitle.

(2) The holder of a contractor license that is on inactive status is not subject to an assessment for the Fund under § 8–404(b) of this title.

(d) The placement of a license on inactive status does not affect the power of the Commission to suspend or revoke the license or to take any other disciplinary action against the licensee.

(e) (1) A licensee whose license is on inactive status remains responsible for renewing the license as required under § 8–308 of this subtitle.

(2) The holder of a contractor license that is on inactive status may renew the license without complying with the liability insurance requirement of § 8–302.1 of this subtitle.

(3) A licensee whose license is on inactive status shall pay to the Commission a renewal fee set by the Commission.

(f) The Commission shall reactivate the license of a licensee that is on inactive status and reissue the license to the licensee, if the licensee:

(1) submits to the Commission an application for reactivation on the form that the Commission provides;

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

(3) meets the requirements for a license, including, in the case of a contractor, the liability insurance requirement under § 8–302.1 of this subtitle.
Md. Code, State Government § 8-306 — MD Code / Article gsg / Title 8 / Subtitle 3 / Section 8-306
§8–306.
Status: in_force

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

(2) (i) “Change the use, purpose, or function” means an abrupt and material change in the type of clients or incarcerated individuals served in a facility, the licensed purpose of a facility, or the principal activities carried out within a facility.

(ii) “Change the use, purpose, or function” does not mean a gradual change in clients, incarcerated individuals, or activities due to societal trends or needs.

(iii) “Change the use, purpose, or function” does not include closing a State facility.

(3) “Close a State facility” means to cease, discontinue, or substantially eliminate activities carried out within the State facility.

(4) “Exclusive representative” has the meaning stated in § 3–101 of the State Personnel and Pensions Article.

(5) (i) “Public hearing” means an informational hearing, the sole purpose of which is to obtain public comment and answer public questions.

(ii) “Public hearing” does not mean a contested case hearing under Title 10, Subtitle 2 of this article.

(6) “State facility” means:

(i) a facility that is owned, leased, or operated by the State for the purpose of providing health, juvenile, or correctional services to clients or incarcerated individuals; or

(ii) a facility to which 25 or more State employees are regularly assigned.

(b) (1) A principal department of the Executive Branch of the State government may not change the use, purpose, or function of a State facility without complying with the requirements of subsection (c) of this section.

(2) A principal department of the Executive Branch of the State government may not close a State facility without complying with the requirements of subsection (d) of this section.

(c) (1) Subject to paragraph (3) of this subsection, before a principal department changes the use, purpose, or function of a State facility, the principal department shall:

(i) hold a public hearing; and

(ii) at least 90 days before the public hearing, give notice to:

1. the public, on the principal department’s website and by press release;

2. any member of the General Assembly in whose district the State facility is located, by e–mail and certified mail; and

3. any exclusive representative with bargaining unit employees assigned to the State facility, by e–mail and certified mail.

(2) The principal department shall, at least 30 days before the public hearing, give notice of the hearing:

(i) to the public, on the principal department’s website and by press release;

(ii) to each member of the General Assembly in whose district the facility is located, by e–mail and certified mail; and

(iii) to any exclusive representative with bargaining unit employees assigned to the State facility, by e–mail and certified mail.

(3) If a government agency or judicial body determines that there is an emergency situation that poses a risk to the health or safety of patients, incarcerated individuals, residents, or employees of a State facility, the principal department may modify the timelines required by this subsection, provided that any modifications made by the principal department shall provide the notice, hearing, and opportunity for comment required by this subsection at the earliest possible date, unless ordered otherwise by the government agency or judicial body.

(d) (1) Subject to paragraph (3) of this subsection, before a principal department closes a State facility, the principal department shall:

(i) hold a public hearing;

(ii) at least 180 days before the public hearing, give notice to:

1. the public, on the department’s website and by press release;

2. each member of the General Assembly representing the district in which the State facility is located, by e–mail and certified mail; and

3. any exclusive representative with bargaining unit employees assigned to the State facility, by e–mail and certified mail;

(iii) submit a report explaining the closure to the Governor and, in accordance with § 2–1257 of the State Government Article:

1. the Senate Finance Committee;

2. the Senate Budget and Taxation Committee;

3. the House Health and Government Operations Committee; and

4. the House Appropriations Committee;

(iv) at least 270 days before holding the public hearing, make the report required by this paragraph publicly available; and

(v) at least 90 days before holding the public hearing, allow each exclusive representative and a committee listed under item (iii) of this paragraph that receives the report required by this subsection to submit comments on the report.

(2) The report required under paragraph (1)(iii) of this subsection shall address:

(i) the reasons for the closure;

(ii) the plan for continuing or discontinuing the State facility’s operations;

(iii) the anticipated budgetary impact of the closure;

(iv) any plans for assisting State employees affected by the closure in finding other employment;

(v) any plans for assisting the patients, incarcerated individuals, or residents affected by the closure; and

(vi) any plans for the State facility after the closure.

(3) If a government agency or judicial body determines that there is an emergency situation that poses a risk to the health or safety of patients, incarcerated individuals, residents, or employees of a State facility, the principal department may modify the timelines required by this subsection, provided that any modifications made by the principal department shall provide the notice, hearing, and opportunity for comment required by this subsection at the earliest possible date, unless ordered otherwise by the government agency or judicial body.

(e) (1) Before a principal department leases or purchases land, buildings, or office space to be used for the purpose of providing health, juvenile, or correctional services to clients or incarcerated individuals, the principal department shall give written notice of the proposed use of the land, buildings, or office space to each member of the General Assembly in whose legislative district the property is located.

(2) (i) A member of the General Assembly may request that the department hold a public hearing on the proposed use.

(ii) The department on whose behalf the property is being procured or leased shall hold a public hearing on the proposed use upon the request of a member of the General Assembly.

(iii) The department shall give notice of the hearing to the public as provided in subsection (c)(2)(i) of this section.

(f) (1) If, after a principal department ceases its use of a State facility, the principal department or any other principal department plans to recommence operation of the facility as a State facility, and the proposed operation of the facility would change its use, purpose, or function, the principal department shall hold a public hearing on the proposed operation.

(2) The principal department shall give notice of the hearing to the public as provided in subsection (c)(2)(i) of this section.

(g) Nothing in this section shall be construed to alter or diminish an exclusive representative’s right to bargain.
Md. Code, Business Regulation § 8-605 — MD Code / Article gbr / Title 8 / Subtitle 6 / Section 8-605
§8–605.
Status: in_force

A contractor may not:

(1) abandon or fail to perform, without justification, a home improvement contract; or

(2) deviate materially from plans or specifications without the consent of the owner.
Md. Code, Correctional Services § 8-209.1 — MD Code / Article gcs / Title 8 / Subtitle 2 / Section 8-209.1
§8–209.
Status: in_force

§8–209.1.

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

(2) “Applicant” means an individual who is seeking certification as:

(i) a correctional officer; or

(ii) a Department of Juvenile Services employee, as defined in § 8–201(h) of this subtitle.

(3) “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(b) An applicant for certification under this section shall apply to the Central Repository for a State and national criminal history records check.

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

(1) a complete set of legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

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

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

(d) In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the Commission and the applicant the criminal history record information.

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

(1) shall be confidential;

(2) may not be redisseminated; and

(3) may be used only for the licensing purpose authorized by this title.

(f) The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.

(g) 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 Commission a revised statement of the applicant’s or certified correctional officer’s State criminal history record.
Md. Code, Labor and Employment § 8-618 — MD Code / Article gle / Title 8 / Subtitle 6 / Section 8-618
§8–618.
Status: in_force

(a) This section applies to each nonprofit organization that makes an election.

(b) Within 30 days after the effective date of an election, a nonprofit organization, as collateral:

(1) shall execute and submit to the Secretary a surety bond that the Secretary approves; or

(2) subject to the approval of the Secretary, shall deposit with the Secretary an irrevocable letter of credit, money, or security.

(c) (1) If a nonprofit organization has taxable wages for the preceding calendar year that equal or exceed 25 times the taxable wage base in effect for that calendar year, the amount of collateral required under this section shall equal 5.4% of the taxable wages paid by the nonprofit organization for covered employment for the 4 calendar quarters immediately preceding the most recent of the following:

(i) the effective date of the election;

(ii) the biennial anniversary of the effective date of the election if the collateral is other than a bond; or

(iii) the renewal date of a bond if the collateral is a bond.

(2) If a nonprofit organization has taxable wages for the preceding calendar year that are less than 25 times the taxable wage base in effect for that calendar year, the amount of collateral required under this section shall equal 2.7% of the taxable wages paid by the nonprofit organization for covered employment for the 4 calendar quarters immediately preceding the most recent of the following:

(i) the effective date of the election;

(ii) the biennial anniversary of the effective date of the election if the collateral is other than a bond; or

(iii) the renewal date of a bond if the security is a bond.

(3) If the nonprofit organization did not pay wages in all 4 calendar quarters used to calculate the amount of security, the Secretary shall determine the amount.

(d) (1) A bond submitted under this section shall be effective for at least 2 calendar years.

(2) While an election is in effect:

(i) renewal of the bond is subject to approval by the Secretary; and

(ii) the effective period of the bond shall be at least 2 years and may be longer if the Secretary so allows.

(e) (1) Subject to paragraph (2) of this subsection, the Secretary may require an adjustment in the amount of a bond that the Secretary already has approved, but the new amount may not be less than the average cost of benefits that are attributable to covered employment for the employing unit for the preceding 2 calendar years.

(2) The amount of a bond after adjustment shall be the average of reimbursement payments that a nonprofit organization made in each of the 2 preceding calendar years, but the amount may not exceed the maximum rate of contribution under this subtitle times the taxable wage base of the nonprofit organization for the last calendar year.

(3) If the Secretary requires an adjustment under this subsection, the Secretary shall mail notice of the required adjustment to the nonprofit organization at its last known address or otherwise deliver notice.

(4) If the Secretary requires an increase in the amount of a bond, the nonprofit organization shall submit the adjusted bond to the Secretary within 30 days after the date that notice of the required adjustment was mailed or otherwise delivered to the nonprofit organization.

(f) If a nonprofit organization that is covered by a bond fails to pay the full amount of a reimbursement payment when due, together with any applicable interest and penalties required under this subtitle, the surety shall be liable on the bond to the extent of the bond as if the surety was the nonprofit organization.

(g) (1) The Secretary shall deposit money or other security submitted under this section in an escrow account.

(2) When a nonprofit organization is no longer liable for reimbursement payments, the Secretary shall return to it the collateral other than a bond less any deduction allowed in this section.

(h) (1) At any time, the Secretary may review the adequacy of the deposit of money or securities under this section.

(2) If, as a result of a review, the Secretary determines that an adjustment is necessary, the Secretary shall:

(i) require the nonprofit organization to make an additional deposit within 30 days of a written notice of the determination of the Secretary; or

(ii) return to the nonprofit organization that portion of the deposit that the Secretary no longer considers necessary.

(3) Disposition of income from securities held in escrow shall be governed by the applicable provisions of State law.

(i) (1) The Secretary may make a deduction from an escrow account or sale of a security necessary to satisfy:

(i) a payment in lieu of contributions that is due and unpaid; and

(ii) any applicable interest or penalty allowed under Part IV of this subtitle.

(2) Within 30 days after a deduction of money or sale of a security under this subsection, a nonprofit organization shall submit to the Secretary money or securities sufficient to return the escrow account to its level before the deduction.

(3) Any cash remaining from the sale of securities shall be part of the escrow account of the nonprofit organization.
Md. Code, Labor and Employment § 8-210 — MD Code / Article gle / Title 8 / Subtitle 2 / Section 8-210
§8–210.
Status: in_force

(a) Except as provided in § 8-202(d)(2) of this subtitle, employment performed by a crew member or officer of a vessel on the navigable waters of the United States is not covered employment if the vessel has a capacity of 10 net tons or less.

(b) Employment is not covered employment if:

(1) performed by a crew member or officer of:

(i) a vessel with a capacity of 10 net tons or less; or

(ii) a fishing boat that has a crew that normally consists of fewer than 10 individuals;

(2) the crew member or officer is engaged in the farming or taking of any aquatic life; and

(3) the crew member or officer is paid on a share basis and not by a salary.
Md. Code, Election Law § 8-707 — MD Code / Article gel / Title 8 / Subtitle 7 / Section 8-707
§8–707.
Status: in_force

(a) The sixth congressional district consists of the following counties:

(1) Allegany County;

(2) Frederick County;

(3) Garrett County; and

(4) Washington County.

(b) The district also includes the following parts of Montgomery County:

(1) election districts 2, 3, and 11;

(2) election district 6, precincts 7, 10, 11, 15, and 16;

(3) election district 9, precincts 1, 3, 6, 7, 8, 11, 13, 15, 16, 18, 20, 24, 25, 26, 27, 28, 29, 30, 34, 35, 39, 40, and 41;

(4) election district 12, precincts 2, 3, 4, and 5;

(5) that part of election district 6, precinct 3 that consists of the following:

(i) census tract 7006.04, blocks 3000 through 3009;

(ii) census tract 7006.10, blocks 1000 through 1004, 1006, 1008 through 1018, 1022, 1026 through 1035, and 1037; and

(iii) census tract 7006.14, block 3012;

(6) that part of election district 6, precinct 5 that consists of census tract 7006.16, blocks 2000 and 3004;

(7) that part of election district 6, precinct 13 that consists of census tract 7006.16, blocks 3002 and 3003;

(8) that part of election district 9, precinct 2 that consists of the following:

(i) census tract 7007.18, blocks 3000 through 3015 and 4004;

(ii) census tract 7007.27, blocks 1000 through 1010;

(iii) census tract 7007.28, blocks 2013 through 2015 and 2019 through 2024;

(iv) census tract 7007.31, blocks 1000 through 1018;

(v) census tract 7007.32, blocks 1000 through 1018 and 2000 through 2005;

(vi) census tract 7008.37, blocks 1000, 3000, and 3001; and

(vii) census tract 7008.39, blocks 3000, 3001, 3007, and 3008;

(9) that part of election district 9, precinct 5 that consists of the following:

(i) census tract 7007.13, block 1000;

(ii) census tract 7008.12, blocks 1000 through 1006, 1010 through 1013, and 2009; and

(iii) census tract 7008.13, blocks 2003, 2006, 3006, and 4000 through 4003;

(10) that part of election district 9, precinct 10 that consists of census tract 7007.28, blocks 1001, 2000 through 2012, 2016 through 2018, and 2025 through 2033;

(11) that part of election district 9, precinct 12 that consists of the following:

(i) census tract 7008.10, blocks 1000 through 1007, 2000 through 2008, 2011, and 2012; and

(ii) census tract 7008.11, blocks 1000, 1003, 1004, 2004, and 2005;

(12) that part of election district 9, precinct 32 that consists of the following:

(i) census tract 7007.20, block 2007; and

(ii) census tract 7007.29, blocks 1004, 1005, and 1007;

(13) that part of election district 9, precinct 33 that consists of the following:

(i) census tract 7008.36, block 2000; and

(ii) census tract 7008.38, blocks 2002 through 2008 and 2013; and

(14) that part of election district 12, precinct 1 that consists of the following:

(i) census tract 7002.04, blocks 1002, 1014, and 1016 through 1019;

(ii) census tract 7002.06, blocks 3001 through 3004 and 3011; and

(iii) census tract 7002.08, blocks 1000, 1003 through 1005, and 2000 through 2007.
Md. Code, Real Property § 8B-302 — MD Code / Article grp / Title 8B / Subtitle 3 / Section 8B-302
§8B–302.
Status: in_force

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

(1) A statement identifying the owner of the real property from which the manufactured home is to be severed, including the name, residence, and mailing address of the owner;

(2) A description of the manufactured home, including the name of the manufacturer, the make, model name, model year, dimensions, manufacturer’s serial number, and a statement whether the manufactured home is new or used;

(3) The liber and folio number for and the recordation date of the affidavit of affixation for the manufactured home; and

(4) A statement by an attorney admitted to practice law in the State, or a title insurance producer licensed by the State, that states that the manufactured home and the real property from which the manufactured home is to be severed are free and clear of any lien, security interest, or encumbrance.

(b) An affidavit of severance shall be acknowledged in writing and notarized.

(c) The clerk of the circuit court of the county in which the real property from which a manufactured home is to be severed is located:

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

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

(d) In accordance with regulations adopted by the Motor Vehicle Administration, the Administration shall:

(1) Accept a certified copy of a recorded affidavit of severance for filing; and

(2) Issue a certificate of title for the severed manufactured home.
Md. Code, Insurance § 8-315 — MD Code / Article gin / Title 8 / Subtitle 3 / Section 8-315
§8–315.
Status: in_force

(a) A provision in an agreement or instrument that relates to the administration of a plan that purports to relieve an administrator from responsibility or liability for a duty or requirement imposed under this subtitle is void as against public policy.

(b) Notwithstanding subsection (a) of this section:

(1) a plan may purchase insurance for its administrators or for itself to cover liability or losses that occur because of an act or omission of an administrator if the insurance allows recourse by the insurer against the administrator in a case of breach of responsibility under this subtitle by the administrator;

(2) an administrator may purchase insurance to cover the administrator’s possible liability under this subtitle if the insurance is obtained for and paid from the administrator’s own account; or

(3) an employer or an employee organization may purchase insurance to cover possible liability of one or more persons that act as administrators with respect to a plan.
Md. Code, Transportation § 8-204.2 — MD Code / Article gtr / Title 8 / Subtitle 2 / Section 8-204.2
§8–204.
Status: in_force

§8–204.2.

(a) The Administration shall conduct an infrastructure review of each pedestrian or bicyclist fatality that occurs:

(1) On a State highway; or

(2) At an intersection of a State highway and another highway or a municipal street.

(b) The Administration’s infrastructure review shall identify:

(1) Deficiencies in engineering, traffic control, and traffic operations; and

(2) Appropriate corrective actions and crash reduction countermeasures that are consistent with the United States Department of Transportation’s best practices and the State’s Vision Zero program established under Subtitle 10 of this title, if warranted.

(c) In conducting an infrastructure review, the Administration shall consider:

(1) Highway context, such as proximity of the highway to mass transit and whether the highway is in an urban or rural area;

(2) The different modes of transportation using the highway; and

(3) Prior crashes in the vicinity.

(d) The Administration shall:

(1) Complete an infrastructure review within 6 months after being notified by law enforcement of a pedestrian or bicyclist fatality; and

(2) Publish the review on its website.
Md. Code, Human Services § 8-802 — MD Code / Article ghu / Title 8 / Subtitle 8 / Section 8-802
§8–802.
Status: in_force

This subtitle applies to a corporation that is an applicant for or has been granted a license to operate a residential child care program in the State.
Md. Code, Environment § 8-503 — MD Code / Article gen / Title 8 / Subtitle 5 / Section 8-503
§8–503.
Status: in_force

(a) After or concurrently with service of a complaint under this subtitle, the Department may:

(1) Issue an order that requires the person to whom it is directed to take corrective action within a time set in the order;

(2) Send a written notice that requires the person to whom it is directed to file a written report about the alleged violation in not less than 5 days from service of the order; or

(3) Send a written notice that requires the person to whom the notice is directed:

(i) To appear at a hearing before the Department at a time and place the Department sets to answer the allegations of the complaint; or

(ii) To file a written report and also appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint.

(b) Any order issued under this section is effective immediately, according to its terms, when it is served.
Md. Code, Natural Resources § 8-741 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-741
§8–741.
Status: in_force

(a) (1) For the purposes of this section the following words have the meanings indicated.

(2) (i) “Marine sanitation device” means any equipment on board a vessel which is designed to receive, retain, treat or discharge sewage and any process to treat sewage on board.

(ii) “Marine sanitation device” includes:

1. Type I marine sanitation device, which produces an effluent having a fecal coliform bacteria count not greater than 1,000 per 100 milliliters and no visible floating solids;

2. Type II marine sanitation device, which produces an effluent having a fecal coliform bacteria count not greater than 200 per 100 milliliters and suspended solids not greater than 150 milligrams per liter; and

3. Type III marine sanitation device, which is certified to a no-discharge standard, including recirculating and incinerating marine sanitation devices and holding tanks.

(3) “Sewage” means:

(i) Human body wastes; and

(ii) The wastes from toilets and other receptacles intended to retain body waste.

(4) “Y valve” means a device capable of diverting the flow of marine sewage so that a vessel’s marine sanitation device is bypassed and raw sewage is discharged directly into the water.

(b) The following vessels equipped with an installed toilet shall be equipped with an operable marine sanitation device:

(1) A vessel 65 feet in length and under shall have a Type I, II, or III marine sanitation device; or

(2) A vessel over 65 feet in length shall have a Type II or III marine sanitation device.

(c) (1) A Type I or Type II marine sanitation device shall have a certification label affixed that at a minimum shows:

(i) The name of the manufacturer;

(ii) The name and model number of the device;

(iii) The month and year of manufacture;

(iv) The marine sanitation device type;

(v) A certification number; and

(vi) A certification statement.

(2) A Type III marine sanitation device is automatically certified, and requires no label, provided it stores sewage and flushwater only, at ambient air temperature and pressure.

(d) (1) While a vessel with an installed toilet is on Maryland waters, the operator shall insure that:

(i) All pathways for overboard discharge of vessel sewage from any vessel with a Type III marine sanitation device are blocked or secured in such a way as to prevent any accidental or intentional vessel sewage discharge, by disconnecting or physically blocking those onboard sewage lines or hull fittings which would allow for overboard vessel sewage discharge; and

(ii) Any installed in-line Y valve shall be secured to prevent the overboard discharge of sewage from any vessel utilizing a Type III marine sanitation device, by bypassing, locking, securing, or disabling the valve using a padlock or nonreusable wire tie wrap, or by removal of the valve handle, or by any other method in accordance with federal regulations and standards or as approved or required by the Department.

(2) The chosen compliance method under paragraph (1)(ii) of this subsection shall totally eliminate the possibility of overboard vessel sewage discharge while in waters of the State. The method chosen shall present a physical barrier to the use of the Y valve, whether accidental or intentional, so that use of the valve cannot occur without the knowledge of the operator of the vessel.

(e) For any vessel offered as a noncaptained charter, the leasing entity shall:

(1) Ensure that the vessel complies with this section when presented to the lessor; and

(2) Include in the lease agreement, signed by the leasing party, a paragraph outlining the operator’s responsibilities under this section.

(f) A person who violates a provision of this section is subject to a civil penalty not exceeding $2,000.
Md. Code, Tax - Property § 8-110 — MD Code / Article gtp / Title 8 / Subtitle 1 / Section 8-110
§8–110.
Status: in_force

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

(2) “Fair average value” means the average of the fair value of stock in business for the number of months of a year in which the stock in business was in existence.

(3) “Fair value” means the lesser of the cost or the value of stock in business.

(4) “Stock in business”:

(i) means the inventory of a commercial or manufacturing business that is engaged in business in this State; and

(ii) does not include a used motor vehicle of a registered motor vehicle dealer if that vehicle is:

1. titled in this State; and

2. acquired by a dealer as partial payment of the purchase price of another motor vehicle.

(b) Stock in business shall be valued to the owner of the stock in business at its fair average value on the date of finality.
Md. Code, Labor and Employment § 8-311.1 — MD Code / Article gle / Title 8 / Subtitle 3 / Section 8-311.1
§8–311.
Status: in_force

§8–311.1.

(a) On or before the first day of each month, the Department shall post on its website a report on the administration and operation of this title during the immediately preceding month.

(b) The report shall include:

(1) a balance sheet for the Unemployment Insurance Fund;

(2) the number of claims for benefits filed under § 8–805(a) of this title in the immediately preceding month;

(3) the number of claims pending adjudication and the number of claims pending adjudication that were resolved since the immediately preceding month;

(4) the number of final determinations that were made under § 8–806 of this title in the immediately preceding month; and

(5) the number of claims processed by the Department during the immediately preceding month.

(c) (1) Once per week, the Department shall post on its website a weekly report that includes the number of:

(i) open claims;

(ii) claims pending adjudication;

(iii) claims for which the first payment has not been made within 21 days after the week ending date of the first compensable week in the benefit year;

(iv) claims closed;

(v) claims resolved by adjudication; and

(vi) claims for which the claimant encountered technological problems with the online portal.

(2) The Department shall retain on its website the weekly reports for at least the immediately preceding 8 weeks.
Md. Code, Labor and Employment § 8-505 — MD Code / Article gle / Title 8 / Subtitle 5 / Section 8-505
§8–505.
Status: in_force

(a) To enforce this subtitle, a hearing examiner may:

(1) administer an oath;

(2) certify to an official act; and

(3) take a deposition.

(b) (1) To enforce this subtitle, a hearing examiner may issue a subpoena for the attendance of a witness to testify or for the production of books, correspondence, memoranda, papers, and other records.

(2) A subpoena issued under this subsection shall be served in any manner in which court subpoenas are authorized to be served.

(3) If a person fails to comply with a subpoena issued under this subsection, on a complaint filed by the chief hearing examiner or an authorized representative of the chief hearing examiner, the circuit court for the county where the investigation or hearing is conducted or the person is present, resides, or transacts business may pass an order directing compliance with the subpoena or compelling testimony.

(4) (i) A person may not be excused from attending a proceeding and testifying or producing books, correspondence, memoranda, papers, and other records before a hearing examiner in obedience to a subpoena issued under this section on the ground that the testimony or evidence required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture.

(ii) After having claimed the privilege of the person against self–incrimination, a person may not be prosecuted or subjected to any penalty or forfeiture because of any transaction, matter, or thing about which the person is compelled to testify or produce evidence.

(iii) A person may be prosecuted and punished for perjury committed in testifying.
Md. Code, Tax - General § 8-208 — MD Code / Article gtg / Title 8 / Subtitle 2 / Section 8-208
§8–208.
Status: in_force

A savings bank or savings and loan association doing business outside this State may claim a credit against the financial institution franchise tax equal to the amount paid to another jurisdiction as:

(1) a tax based on savings accounts or saving share accounts bought in this State;

(2) a tax on gross receipts from business done in this State; or

(3) a tax on income derived from business done in this State.
Md. Code, State Finance and Procurement § 8-135 — MD Code / Article gsf / Title 8 / Subtitle 1 / Section 8-135
§8–135.
Status: reserved

(a) In this section, “financial institution” has the meaning stated in § 6-201 of this article.

(b) The Treasurer may appoint any financial institution as a fiscal agent.

(c) During its agency, the fiscal agent shall be covered by a surety bond or an insurance policy of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of the State Government Article.

(d) (1) In accordance with the procedures that the Treasurer sets, a fiscal agent shall pay at the financial institution, from money advanced to the agent, the interest on State debt and, as the principal matures, the principal.

(2) The fiscal agent shall keep a receipt for each payment.

(e) Each fiscal agent shall:

(1) allow the Treasurer to inspect the agent’s accounts at any time; and

(2) provide copies of the accounts on request of:

(i) the Senate;

(ii) the House of Delegates;

(iii) the Comptroller; or

(iv) the Treasurer.

(f) At least once every 6 months, each fiscal agent shall send to the Treasurer:

(1) an accounting of the State bonds and coupons that the agent has redeemed since the last accounting or transmittal under this subsection;

(2) (i) a certificate that states the total number of those State bonds and coupons and that attests to the destruction of all of them by a method satisfactory to the Treasurer; or

(ii) if the Treasurer requires, the State bonds and coupons that the agent has redeemed since the last accounting or transmittal under this subsection;

(3) an accounting of the State bonds and coupons that have not been redeemed during any allowed redemption period that expired since the prior accounting provided under this subsection; and

(4) the total unredeemed principal and interest on any State bonds and coupons for which the redemption period has expired since the prior accounting provided under this subsection.

(g) (1) The Treasurer shall examine, count, and record each State bond and coupon that a fiscal agent returns.

(2) Once every 2 years, after the Legislative Auditor verifies the records of the Treasurer, the Comptroller and the Treasurer or their deputies shall destroy all State bonds and coupons that the fiscal agents returned before the close of the last fiscal year.

(3) The State bonds and coupons shall be destroyed in the presence of the Legislative Auditor or a designee of the Auditor.

(4) The Comptroller, Treasurer, and Legislative Auditor shall execute a certificate that states the total number of State bonds and coupons destroyed and that attests to the destruction of all of them.

(h) The Treasurer shall:

(1) keep all certificates of destruction; and

(2) send copies of each certificate to the presiding officers of the General Assembly.

(i) The Treasurer shall:

(1) deposit unredeemed principal and interest into an unpresented bond and coupon account; and

(2) dispose of unredeemed principal and interest as provided in Title 17 of the Commercial Law Article.
Md. Code, Real Property § 8A-1601 — MD Code / Article grp / Title 8A / Subtitle 16 / Section 8A-1601
§8A–1601.
Status: in_force

(a) In an action by the park owner for eviction based on nonpayment of rent or for recovery of unpaid rent, the resident may raise:

(1) A defense of material noncompliance with this title if, before the due date of rent, the resident gave to the park owner written notice that based on the noncompliance the resident did not intend to pay rent and specified in detail the provision of noncompliance; or

(2) Any other legal or equitable defense.

(b) If, in an action by the park owner for eviction based on nonpayment of rent, the resident raises a defense other than payment, the resident may petition the circuit court for the appointment of a trustee to receive the rent of the resident, apply the same to correcting the deficiency complained of and make a full accounting thereof to the court. The court shall give the parties a reasonable opportunity to present evidence as to the controversy before a trustee is appointed.
Md. Code, Insurance § 8-404 — MD Code / Article gin / Title 8 / Subtitle 4 / Section 8-404
§8–404.
Status: in_force

(a) Except as provided in this section, this subtitle and the other insurance laws of the State do not apply to:

(1) a grand or subordinate lodge or society, order, or association that:

(i) was doing business in the State on December 31, 1963;

(ii) provides benefits exclusively through local or subordinate lodges; and

(iii) does not issue benefit certificates;

(2) an order, society, or association that:

(i) 1. limits its membership to individuals engaged in one or more crafts or hazardous occupations in the same or similar lines of business; and

2. insures only its members and their families and dependents; or

(ii) 1. as to individual health insurance policies, offers those policies in this State only to members of the Mennonite Church and their dependents and families;

2. was formed as a fraternal benefit society under the laws of the State of Indiana prior to January 1, 1966 for the purpose of providing mutual aid in affiliation with the Mennonite Church; and

3. is registered as a foreign corporation under § 7–202 of the Corporations and Associations Article;

(3) a society or auxiliary of an order, society, or association described in item (2) of this subsection;

(4) a domestic society that:

(i) limits its membership to employees of a particular municipal area or a designated firm, business house, or corporation;

(ii) provides for individual death benefits not exceeding $400 per year or disability benefits not exceeding $350 per year or both; and

(iii) does not issue benefit certificates;

(5) a domestic society or association that:

(i) has a purely religious, charitable, or benevolent purpose;

(ii) provides for individual death benefits not exceeding $400 per year or disability benefits not exceeding $350 per year or both;

(iii) does not issue benefit certificates; and

(iv) has a membership of not more than 1,000 individuals; and

(6) any association, whether or not a fraternal benefit society:

(i) that was organized before 1880;

(ii) the members of which are officers or enlisted, regular or reserve, active, retired, or honorably discharged members of the uniformed services; and

(iii) a principal purpose of which is to provide insurance and other benefits to its members and the dependents or beneficiaries of its members.

(b) Except for an organization described in subsection (a)(2) or (3) of this section, a society that is exempt from this subtitle may not give, allow, or promise to give or allow to any person compensation for obtaining new members.

(c) The provisions of this subtitle relating to medical examination, valuation of benefit certificates, and incontestability do not apply to a society that:

(1) provides benefits in case of death or disability resulting solely from accident; and

(2) does not obligate itself to pay natural death or sickness benefits.

(d) By examination or otherwise, the Commissioner may require information from any society or association that will enable the Commissioner to determine whether the society or association is exempt from this subtitle.
Md. Code, Family Law § 8-204 — MD Code / Article gfl / Title 8 / Subtitle 2 / Section 8-204
§8–204.
Status: in_force

(a) Except as provided in subsection (b) of this section, the court shall determine the value of all marital property.

(b) (1) The court need not determine the value of a pension, retirement, profit sharing, or deferred compensation plan, unless a party has given notice in accordance with paragraph (2) of this subsection that the party objects to a distribution of retirement benefits on an “if, as, and when” basis.

(2) If a party objects to the distribution of retirement benefits on an “if, as, and when” basis and intends to present evidence of the value of the benefits, the party shall give written notice at least 60 days before the date the joint statement of the parties concerning marital and nonmarital property is required to be filed under the Maryland Rules. If notice is not given in accordance with this paragraph, any objection to a distribution on an “if, as, and when” basis shall be deemed to be waived unless good cause is shown.
Md. Code, State Finance and Procurement § 8-107 — MD Code / Article gsf / Title 8 / Subtitle 1 / Section 8-107
§8–107.
Status: in_force

(a) This Part II of this subtitle applies only to tax supported debt.

(b) This Part II of this subtitle does not affect:

(1) the authority of the Governor to submit:

(i) amendments to the consolidated loan budget or to any accompanying bill; or

(ii) instead of amendments, separate bills that authorize State debt; or

(2) the authority of the General Assembly to:

(i) continue its independent analysis of State debt affordability; or

(ii) consider bills that authorize State debt in addition to the bills that accompany the consolidated loan budget.
Md. Code, Transportation § 8-630 — MD Code / Article gtr / Title 8 / Subtitle 6 / Section 8-630
§8–630.
Status: in_force

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

(2) “Municipal corporation” means a municipality as defined in § 1–101 of the Local Government Article.

(3) “Urban highway” means a highway, other than an expressway, that is:

(i) 1. Constructed with a curb and gutter and an enclosed type storm drainage system;

2. Located in an urban area and on which is located a public facility that creates appreciable pedestrian traffic along the highway from adjacent areas;

3. Located within urban boundaries as defined by the U.S. Census Bureau; or

4. Located within the boundaries of a municipal corporation; and

(ii) Part of the State highway system.

(b) (1) Sidewalks shall be constructed at the time of construction or reconstruction of an urban highway, or in response to the request of a local government unless:

(i) The Administration determines that the cost or impacts of constructing the sidewalks would be too great in relation to the need for them or their probable use; or

(ii) The local government indicates that there is no need for sidewalks.

(2) Sidewalks constructed under this section shall be consistent with area master plans and transportation plans adopted by the local planning commission.

(c) (1) If sidewalks or bicycle pathways are constructed or reconstructed as part of a roadway construction or reconstruction project, the Administration shall fund the sidewalk or bicycle pathway construction or reconstruction as a part of the cost of the roadway project.

(2) Except as provided in paragraphs (3) and (4) of this subsection, if sidewalks or bicycle pathways are constructed or reconstructed in response to a request from a local government and the adjacent roadway is not being concurrently constructed or reconstructed, the cost to construct or reconstruct the sidewalk or bicycle pathway shall be shared equally between the State and local governments.

(3) If sidewalks or bicycle pathways within a sustainable community as defined in § 6–301 of the Housing and Community Development Article are constructed or reconstructed in response to a request from a local government and the adjacent roadway is not being concurrently constructed or reconstructed, the cost to construct or reconstruct the sidewalk or bicycle pathway may be funded entirely by the State.

(4) (i) This paragraph does not apply to a priority funding area that is a sustainable community as defined in § 6–301 of the Housing and Community Development Article.

(ii) If sidewalks or bicycle pathways within an area designated as a priority funding area under § 5–7B–02 of the State Finance and Procurement Article are constructed or reconstructed in response to a request from a local government and the adjacent roadway is not being concurrently constructed or reconstructed, and if the Administration determines that construction would not occur under this section due to insufficient contribution of funds by the local government, the cost to construct or reconstruct the sidewalk or bicycle pathway shall be shared between the State and local government as follows:

1. 75 percent of the cost shall be funded by the State; and

2. 25 percent of the cost shall be funded by the local government.

(iii) If sidewalks or bicycle pathways within an area designated as a priority funding area under § 5–7B–02 of the State Finance and Procurement Article are constructed or reconstructed based on a determination by the Administration that a substantial public safety risk or significant impediment to pedestrian access exists and the adjacent roadway is not being concurrently constructed or reconstructed, then:

1. The Administration shall categorize the sidewalk or bicycle pathway construction project as “system preservation” and give corresponding funding priority to the project; and

2. The cost to construct or reconstruct the sidewalk or bicycle pathway may be funded entirely by the State.

(5) If sidewalks or bicycle pathways are being constructed or reconstructed in response to a request from a local government and the adjacent roadway is not being concurrently constructed or reconstructed, the local government shall:

(i) Provide public notice and opportunities for community involvement prior to the construction of a sidewalk or bicycle pathway project; and

(ii) Secure any necessary right–of–way that may be needed beyond the right–of–way already owned by the State.

(6) (i) Except as provided in subparagraph (ii) of this paragraph, after sidewalks and bicycle pathways are constructed under this section, they shall be maintained and repaired by the political subdivision in which they are located.

(ii) Subject to approval and the availability of funds, the Administration promptly shall reimburse a political subdivision for the preapproved and documented costs incurred in reconstructing a segment of a sidewalk or bicycle pathway that has deteriorated to the extent that repair is not practical or desirable for public safety.

(d) The Administration may not construct any project that will result in the severance or destruction of an existing major route for pedestrian transportation traffic, unless the project provides for construction of a reasonable alternative route or such a route already exists.

(e) The Administration shall develop guidelines jointly with local governments to carry out the provisions of this section.

(f) The Administration shall maintain and repair all facilities for nighttime illumination that:

(1) Are constructed by the Administration for the safe conduct of vehicular traffic; and

(2) Exist adjacent to urban highways.
Md. Code, Health Occupations § 8-6C-05 — MD Code / Article gho / Title 8 / Subtitle 6C / Section 8-6C-05
§8–6C–05.
Status: in_force

At the time of delivery, a licensed direct–entry midwife shall be assisted by a second individual who:

(1) Has completed the American Academy of Pediatrics/American Heart Association Neonatal Resuscitation Program (NRP) within the previous 2 years; and

(2) Has the skills and equipment necessary to perform a full resuscitation of the newborn in accordance with the principles of NRP.
Md. Code, Correctional Services § 8-707 — MD Code / Article gcs / Title 8 / Subtitle 7 / Section 8-707
§8–707.
Status: in_force

A county may elect to have a community service program monitored by:

(1) the Division of Parole and Probation;

(2) the Department of Juvenile Services; or

(3) the county.
Md. Code, Real Property § 8A-1201 — MD Code / Article grp / Title 8A / Subtitle 12 / Section 8A-1201
§8A–1201.
Status: in_force

(a) When a mobile home park owner submits an application for a change in the land use of a park, the owner shall submit, as part of the application, a relocation plan for park residents who will be dislocated as a result of the change.

(b) (1) If a mobile home park owner does not submit a relocation plan for the park residents or does not comply with the terms of an approved plan, the mobile home park owner is in default of the plan and the application for change of land use submitted under subsection (a) of this section may not be approved until the owner submits and complies with a plan.

(2) A relocation plan for park residents shall include:

(i) A complete list of park residents, including household sizes, addresses, and contact information for residents;

(ii) A relocation calendar or timeline and written monthly updates on the progress of the relocation;

(iii) If the plan is for closing a park with more than 10 sites, a budget reflecting the amount of relocation assistance allocated by the mobile home park owner to be given to each household as described in subsection (c)(1) of this section;

(iv) A description of the requirement that a resident provide written notice of the resident’s intention to vacate the park and the timetable for the owner to pay relocation assistance, as provided under subsection (c)(2) of this section;

(v) A list of area mobile home parks with vacancies; and

(vi) A list of area companies that relocate mobile homes.

(3) If a mobile home park owner undertakes a reasonable, good faith inquiry to obtain the information required under paragraph (2) of this subsection and the information in the relocation plan is based on the owner’s reasonable, good faith inquiry, the owner shall not incur any liability and may not be estopped from obtaining possession of the premises because of a failure to provide accurate information in the relocation plan.

(4) A relocation plan may not require, as a condition of approval by the local governing body of the plan or the change in land use submitted under subsection (a) of this section, that:

(i) Relocation assistance be paid unless the mobile home park owner sends a notice of park closure to each resident;

(ii) The amount of relocation assistance exceed the amount described in subsection (c)(1) of this section;

(iii) Except as provided in subsection (c) of this section, any amount of relocation assistance be paid to a resident before possession of the premises is returned to the owner; or

(iv) The owner assure the relocation of any resident.

(5) If an owner rescinds a notice of park closure, the owner is not required to pay relocation assistance after the date the notice of rescission is sent to the residents.

(6) An owner is not required to pay relocation assistance to any potential resident who, after receiving written notice of the application for change in land use or written notice of park closure, signs an agreement to rent premises in the park.

(c) (1) If a mobile home park with more than 10 sites is closed, the relocation assistance paid to each household shall equal the amount of rent for the premises, excluding taxes and utilities, paid for the 12 months immediately preceding the date the resident vacates the premises.

(2) The relocation assistance shall be paid in the following manner:

(i) One half of the relocation assistance shall be paid to a resident within 30 days after the mobile home park owner receives written notice of:

1. The resident’s intention to vacate the park; and

2. The date on which the resident will return possession of the premises to the owner; and

(ii) One half of the relocation assistance shall be paid to a resident within 30 days after the resident returns possession of the premises to the owner.

(3) If a resident fails to return possession of the premises by removing the mobile home from the premises on or before the date specified in the resident’s notice of intention to vacate, the resident shall forfeit the balance of any relocation assistance due unless the mobile home park owner agrees in writing to a different date.

(d) (1) The local governing body of the county or municipal corporation in which a mobile home park is located may provide additional relocation assistance to residents.

(2) A mobile home park owner is not responsible for any payments made under paragraph (1) of this subsection.
Md. Code, Commercial Law § 8-402 — MD Code / Article gcl / Title 8 / Subtitle 4 / Section 8-402
§8–402.
Status: in_force

(a) An issuer may require the following assurance that each necessary indorsement or each instruction is genuine and authorized:

(1) In all cases, a guaranty of the signature of the person making an indorsement or originating an instruction including, in the case of an instruction, reasonable assurance of identity;

(2) If the indorsement is made or the instruction is originated by an agent, appropriate assurance of actual authority to sign;

(3) If the indorsement is made or the instruction is originated by a fiduciary in accordance with § 8-107(a)(4) or (5) of this title, appropriate evidence of appointment or incumbency;

(4) If there is more than one fiduciary, reasonable assurance that all who are required to sign have done so; and

(5) If the indorsement is made or the instruction is originated by a person not covered by another provision of this subsection, assurance appropriate to the case corresponding as nearly as may be to the provisions of this subsection.

(b) An issuer may elect to require reasonable assurance beyond that specified in this section.

(c) In this section:

(1) “Guaranty of the signature” means a guaranty signed by or on behalf of a person reasonably believed by the issuer to be responsible. An issuer may adopt standards with respect to responsibility if they are not manifestly unreasonable.

(2) “Appropriate evidence of appointment or incumbency” means:

(i) In the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of the court or an officer thereof and dated within 60 days before the date of presentation for transfer; or

(ii) In any other case, a copy of a document showing the appointment or a certificate issued by or on behalf of a person reasonably believed by an issuer to be responsible or, in the absence of that document or certificate, other evidence the issuer reasonably considered appropriate.
Md. Code, Health Occupations § 8-6C-11 — MD Code / Article gho / Title 8 / Subtitle 6C / Section 8-6C-11
§8–6C–11.
Status: in_force

(a) There is a Direct–Entry Midwifery Advisory Committee within the Board.

(b) (1) The Committee consists of seven members appointed by the Board.

(2) Of the seven members:

(i) Subject to paragraph (3) of this subsection and subsection (d) of this section, three shall be licensed direct–entry midwives;

(ii) Two shall be licensed nurses certified as nurse–midwives;

(iii) One shall be a representative of the Maryland Hospital Association; and

(iv) One shall be a consumer member.

(3) (i) The Board shall appoint the licensed direct–entry midwife members of the Committee from a list of qualified individuals submitted to the Board by AIMM.

(ii) The Board may request an additional list of qualified individuals from AIMM if the initial list is determined to be inadequate.

(c) Each member of the Committee shall be a citizen of the United States and a resident of the State.

(d) Each licensed direct–entry midwife member of the Committee:

(1) Shall meet the licensure requirements of this subtitle; and

(2) May not be a licensed nurse who is certified as a nurse–midwife.

(e) The consumer member of the Committee:

(1) Shall be a member of the general public;

(2) May not be or ever have been:

(i) A licensed direct–entry midwife;

(ii) A licensed nurse certified as a midwife;

(iii) A health care practitioner who is directly involved with pregnancy or labor; or

(iv) In training to be a licensed direct–entry midwife, a licensed nurse certified as a midwife, or a health care practitioner who is directly involved with pregnancy or labor;

(3) May not have a household member who is:

(i) A licensed direct–entry midwife, a licensed nurse who is certified as a nurse–midwife, or a health care practitioner who is directly involved with pregnancy or labor; or

(ii) In training to be a licensed direct–entry midwife, a licensed nurse who is certified as a nurse–midwife, or a health care practitioner who is directly involved with pregnancy or labor;

(4) May not:

(i) Participate or ever have participated in a commercial or professional field related to the practice of direct–entry midwifery;

(ii) Have a household member who participates in a commercial or professional field related to the practice of direct–entry midwifery; or

(iii) Have, or have had within 2 years before appointment, a substantial financial interest in a person who is regulated by the Board.

(f) The Committee shall elect a chair from among its members to a 2–year term.

(g) (1) The term of a member is 4 years.

(2) The terms of the members are staggered as required by the terms provided for members of the Committee on October 1, 2015.

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

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

(5) A member may not serve more than two consecutive full terms.

(6) To the extent practicable, the Board shall fill any vacancy on the Committee within 60 days of the date of the vacancy.

(h) A majority of the full authorized membership of the Committee is a quorum.

(i) In addition to any other meeting requirements of this title, the Committee shall meet:

(1) At the request of the executive director of the Board; and

(2) As necessary to conduct Board or Committee business.

(j) In accordance with the State budget, each member of the Committee is entitled to:

(1) Compensation, at a rate determined by the Board, for each day, or part of a day, on which the member is engaged in the duties of the Committee; and

(2) Reimbursement for expenses under the Standard State Travel Regulations.

(k) (1) The Board may remove a member for incompetence or misconduct.

(2) The Board may remove a member who is absent from two successive Committee meetings without adequate reason.
Md. Code, Real Property § 8-5A-02 — MD Code / Article grp / Title 8 / Subtitle 5A / Section 8-5A-02
§8–5A–02.
Status: in_force

(a) Subject to the requirements of subsections (b) and (c) of this section, a tenant may terminate the tenant’s future liability under a residential lease if the tenant or legal occupant is a victim of abuse.

(b) If a tenant or legal occupant is a victim of abuse, the tenant may provide to the landlord the written notice required under § 8–5A–03 of this subtitle and, if the written notice is provided, the tenant shall have 30 days to vacate the leased premises from the date of providing the written notice.

(c) (1) A tenant who vacates leased premises under this section is responsible for rent only for the time following the tenant providing notice of an intent to vacate until the tenant vacates the leased premises, up to a maximum of 30 days.

(2) (i) If a tenant vacates the leased premises earlier than 30 days after the date the tenant provides written notice of an intent to vacate, the tenant shall provide the landlord with written notice, signed by the tenant and notarized, by first–class mail or hand delivery stating that the tenant has vacated the leased premises.

(ii) On receiving a notice identified in subparagraph (i) of this paragraph, a landlord shall inspect the leased premises and, if the tenant has vacated the leased premises, provide the tenant with a written statement that:

1. Confirms the tenant has vacated the leased premises;

2. States the rent that the tenant is responsible for under this subsection; and

3. States the amount of rent still owed by the tenant or the amount of any overpayment of rent to be refunded.

(iii) For the purpose of calculating the rent that a tenant is responsible for under this subsection, the tenant shall be deemed to have vacated the leased premises:

1. If notice is delivered by first–class mail, on the date the notice was postmarked; or

2. If notice is hand delivered, on the date the notice was hand delivered to the landlord.

(iv) A tenant who vacates the leased premises earlier than 30 days after the date the tenant provided written notice of an intent to vacate and who fails to provide the written notice required under this paragraph shall be responsible for the maximum rent required under paragraph (1) of this subsection.

(d) If a tenant does not vacate the leased premises within 30 days of providing to the landlord the written notice required under § 8–5A–03 of this subtitle, the landlord is, at the landlord’s option and with written notice to the tenant, entitled to:

(1) All legal remedies against a tenant holding over available under § 8–402 of this title; or

(2) Deem the tenant’s notice of an intent to vacate to have been rescinded and the terms of the original lease to be in full force and effect.

(e) The termination of a tenant’s future liability under a residential lease under this section does not terminate or in any other way impact the future liability of a tenant who is the respondent in the action that results in:

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

(2) A peace order issued for the benefit of the victim tenant or victim legal occupant under § 3–1505 of the Courts Article for which the underlying act was an act of abuse.
Md. Code, Human Services § 8-1303 — MD Code / Article ghu / Title 8 / Subtitle 13 / Section 8-1303
§8–1303.
Status: in_force

The purpose of the Commission is to coordinate a statewide initiative to prioritize the trauma–responsive and trauma–informed delivery of State services that impact children, youth, families, and older adults.
Md. Code, Natural Resources § 8-1307 — MD Code / Article gnr / Title 8 / Subtitle 13 / Section 8-1307
§8–1307.
Status: in_force

For the purpose of carrying out any recommendation of the Watershed plan or any part of the plan, each county, through its appropriate county governing body or duly designated agency, in cooperation with the Department, may acquire land or other property, by means of donation, purchase, or condemnation, either in fee or by easement, located within the area of the county for the public purposes delineated in the plan. The appropriate county governing body or its duly designated agency may improve and develop the acquired land or other property for the purposes of the plan. The plan controls maintenance and operation of the land or other property.
Md. Code, Insurance § 8-429 — MD Code / Article gin / Title 8 / Subtitle 4 / Section 8-429
§8–429.
Status: in_force

(a) For certificates issued before January 1, 1998, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan or other option granted shall comply with the provisions of law applicable on December 31, 1997.

(b) (1) Each paid-up nonforfeiture benefit and the amount of any cash surrender value, loan, or other option granted under a certificate may not be less than the corresponding amount ascertained under the laws of the State that apply to life insurers issuing policies containing like insurance benefits based on the same tables.

(2) This subsection applies to certificates issued on or after January 1, 1998, for which reserves are computed on:

(i) the Commissioners 1941 Standard Ordinary Mortality Table;

(ii) the Commissioners 1941 Standard Industrial Table;

(iii) the Commissioners 1958 Standard Ordinary Mortality Table;

(iv) the Commissioners 1980 Standard Mortality Table; or

(v) any more recent table authorized for use under § 5-304(b) of this article.
Md. Code, Real Property § 8-401 — MD Code / Article grp / Title 8 / Subtitle 4 / Section 8-401
§8–401.
Status: in_force

(a) Whenever the tenant or tenants fail to pay the rent when due and payable, it shall be lawful for the landlord to have again and repossess the premises in accordance with this section.

(b) (1) Whenever any landlord shall desire to repossess any premises to which the landlord is entitled under the provisions of subsection (a) of this section, the landlord or the landlord’s duly qualified agent or attorney shall ensure that the landlord has completed the procedures required under subsection (c) of this section.

(2) Subject to § 8–406 of this subtitle and after completing the procedures required under subsection (c) of this section, a landlord or the landlord’s duly qualified agent or attorney may file the landlord’s written complaint under oath or affirmation, in the District Court of the county wherein the property is situated:

(i) Describing in general terms the property sought to be repossessed;

(ii) Setting forth the name of each tenant to whom the property is rented or any assignee or subtenant;

(iii) Stating the amount of rent and any late fees due and unpaid, less the amount of any utility bills, fees, or security deposits paid by a tenant under § 7–309 of the Public Utilities Article;

(iv) Requesting to repossess the premises and, if requested by the landlord, a judgment for the amount of rent due, costs, and any late fees, less the amount of any utility bills, fees, or security deposits paid by a tenant under § 7–309 of the Public Utilities Article;

(v) If applicable, stating that, to the best of the landlord’s knowledge, the tenant is deceased, intestate, and without next of kin; and

(vi) If the property to be repossessed is an affected property as defined in § 6–801 of the Environment Article, stating that the landlord has registered the affected property as required under § 6–811 of the Environment Article and renewed the registration as required under § 6–812 of the Environment Article and:

1. A. If the current tenant moved into the property on or after February 24, 1996, stating the inspection certificate number for the inspection conducted for the current tenancy as required under § 6–815(c) of the Environment Article; or

B. On or after February 24, 2006, stating the inspection certificate number for the inspection conducted for the current tenancy as required under § 6–815(c), § 6–817(b), or § 6–819(f) of the Environment Article; or

2. Stating that the owner is unable to provide an inspection certificate number because:

A. The owner has requested that the tenant allow the owner access to the property to perform the work required under Title 6, Subtitle 8 of the Environment Article;

B. The owner has offered to relocate the tenant in order to allow the owner to perform work if the work will disturb the paint on the interior surfaces of the property and to pay the reasonable expenses the tenant would incur directly related to the relocation; and

C. The tenant has refused to allow access to the owner or refused to vacate the property in order for the owner to perform the required work.

(3) For the purpose of the court’s determination under subsection (e) of this section the landlord shall also specify the amount of rent due for each rental period under the lease, the day that the rent is due for each rental period, and any late fees for overdue rent payments.

(4) The District Court shall issue its summons, directed to any constable or sheriff of the county entitled to serve process, and ordering the constable or sheriff to notify the tenant, assignee, or subtenant by first–class mail:

(i) To appear before the District Court at the trial to be held on the fifth day after the filing of the complaint; and

(ii) To answer the landlord’s complaint to show cause why the demand of the landlord should not be granted.

(5) (i) The constable or sheriff shall proceed to serve the summons upon the tenant, assignee, or subtenant or their known or authorized agent as follows:

1. If personal service is requested and any of the persons whom the sheriff shall serve is found on the property, the sheriff shall serve any such persons; or

2. If personal service is requested and none of the persons whom the sheriff is directed to serve shall be found on the property and, in all cases where personal service is not requested, the constable or sheriff shall affix an attested copy of the summons conspicuously upon the property.

(ii) The affixing of the summons upon the property after due notification to the tenant, assignee, or subtenant by first–class mail shall conclusively be presumed to be a sufficient service to all persons to support the entry of a default judgment for possession of the premises, together with court costs, in favor of the landlord, but it shall not be sufficient service to support a default judgment in favor of the landlord for the amount of rent due.

(6) Notwithstanding the provisions of paragraphs (1) through (5) of this subsection:

(i) In an action to repossess nonresidential property under this section, service of process on a tenant:

1. Shall be directed to the sheriff of the appropriate county or municipality; and

2. On plaintiff’s request, may be directed to any person authorized under the Maryland Rules to serve process; and

(ii) In Wicomico County, in an action to repossess any premises under this section, service of process on a tenant may be directed to any person authorized under the Maryland Rules to serve process.

(7) (i) Notwithstanding the provisions of paragraphs (4) through (6) of this subsection, if the landlord certifies to the court in the written complaint required under paragraph (1) of this subsection that, to the best of the landlord’s knowledge, the tenant is deceased, intestate, and without next of kin, the District Court shall issue its summons, directed to any constable or sheriff of the county entitled to serve process, and ordering the constable or sheriff to notify the occupant of the premises or the next of kin of the deceased tenant, if known, by personal service:

1. To appear before the District Court at the trial to be held on the fifth day after the filing of the complaint; and

2. To answer the landlord’s complaint to show cause why the demand of the landlord should not be granted.

(ii) 1. The constable or sheriff shall proceed to serve the summons upon the occupant of the premises or the next of kin of the deceased tenant, if known, as follows:

A. If any of the persons whom the sheriff is directed to serve are found on the property or at another known address, the sheriff shall serve any such persons; or

B. If none of the persons whom the sheriff is directed to serve are found on the property or at another known address, the constable or sheriff shall affix an attested copy of the summons conspicuously upon the property.

2. The affixing of the summons upon the property shall conclusively be presumed to be a sufficient service to all persons to support the entry of a default judgment for possession of the premises, together with court costs, in favor of the landlord, but it shall not be sufficient service to support a default judgment in favor of the landlord for the amount of rent due.

(c) (1) Before a landlord may file a complaint under this section, the landlord shall provide to the tenant a written notice of the landlord’s intent to file a claim in the District Court against the tenant to recover possession of the residential premises if the tenant does not cure within 10 days after the written notice is provided to the tenant.

(2) (i) The written notice required under paragraph (1) of this subsection shall be in a form created by the Maryland Judiciary and notice shall occur when the notice is:

1. Sent by first–class mail, certificate of mailing;

2. Affixed to the door of the premises; or

3. If elected by the tenant, sent by electronic delivery in at least one of the following forms:

A. An e–mail message;

B. A text message; or

C. Through an electronic tenant portal.

(ii) Electronic notice under subparagraph (i)3 of this paragraph shall provide the landlord with proof of the transmission of the notice.

(3) (i) A complaint for repossession filed in accordance with this section shall include a statement that states and affirms the date on which the landlord provided the notice required under paragraph (1) of this subsection.

(ii) A tenant may challenge assertions made by a landlord under this paragraph, and the court may dismiss the landlord’s complaint on a showing of sufficient cause.

(d) (1) This subsection applies only to an action for the repossession of residential property for failure to pay rent due during a government shutdown.

(2) Notwithstanding any other law, the court shall stay the proceeding if the tenant or an occupant of the property that is the subject of the proceeding presents evidence satisfactory to the court that the occupant:

(i) Uses the property as the individual’s primary residence;

(ii) Is an employee of the federal or State government or an employee of a local government in the State; and

(iii) Is involuntarily furloughed from work without pay because of a government shutdown, regardless of whether the employee is required to report to work during the furlough.

(3) (i) Subject to subparagraph (ii) of this paragraph, a stay under this subsection shall be granted for a time that the court considers reasonable.

(ii) A stay under this subsection may not be granted for a period that ends more than 30 days after the end of the government shutdown without a showing of sufficient cause by a party to the action.

(e) (1) If, at the trial on the fifth day indicated in subsection (b) of this section, the court is satisfied that the interests of justice will be better served by an adjournment to enable either party to procure their necessary witnesses, the court may adjourn the trial for a period not exceeding 1 day, except with the consent of all parties, the trial may be adjourned for a longer period of time.

(2) (i) The information required under subsection (b)(2)(vi) of this section may be an issue of fact in a trial under this section.

(ii) If, when the trial occurs, it appears to the satisfaction of the court, that the rent, or any part of the rent and late fees are actually due and unpaid, the court shall determine the amount of rent and late fees due as of the date the complaint was filed less the amount of any utility bills, fees, or security deposits paid by a tenant under § 7–309 of the Public Utilities Article, if the trial occurs within the time specified by subsection (b)(4) of this section.

(iii) 1. If the trial does not occur within the time specified in subsection (b)(4)(i) of this section and the tenant has not become current since the filing of the complaint, the court, if the complaint so requests, shall enter a judgment in favor of the landlord for possession of the premises and determine the rent and late fees due as of the trial date.

2. The determination of rent and late fees shall include the following:

A. Rent claimed in the complaint;

B. Rent accruing after the date of the filing of the complaint;

C. Late fees accruing in or prior to the month in which the complaint was filed; and

D. Credit for payments of rent and late fees and other fees, utility bills, or security deposits paid by a tenant under § 7–309 of the Public Utilities Article after the complaint was filed.

(iv) In the case of a residential tenancy, the court may also give judgment in favor of the landlord for the amount of rent and late fees determined to be due together with costs of the suit if the court finds that the residential tenant was personally served with a summons.

(v) In the case of a nonresidential tenancy, if the court finds that there was such service of process or submission to the jurisdiction of the court as would support a judgment in contract or tort, the court may also give judgment in favor of the landlord for:

1. The amount of rent and late fees determined to be due;

2. Costs of the suit; and

3. Reasonable attorney’s fees, if the lease agreement authorizes the landlord to recover attorney’s fees.

(vi) A nonresidential tenant who was not personally served with a summons shall not be subject to personal jurisdiction of the court if that tenant asserts that the appearance is for the purpose of defending an in rem action prior to the time that evidence is taken by the court.

(3) The court, when entering the judgment, shall also order that possession of the premises be given to the landlord, or the landlord’s agent or attorney, within 4 days after the trial.

(4) The court may, upon presentation of a certificate signed by a physician certifying that surrender of the premises within this 4–day period would endanger the health or life of the tenant or any other occupant of the premises, extend the time for surrender of the premises as justice may require but not more than 15 days after the trial.

(5) However, if the tenant, or someone for the tenant, at the trial, or adjournment of the trial, tenders to the landlord the rent and late fees determined by the court to be due and unpaid, together with the costs of the suit, the complaint against the tenant shall be entered as being satisfied.

(f) (1) (i) Except as provided in § 8–407 of this subtitle and subject to the provisions of paragraph (2) of this subsection, if judgment is given in favor of the landlord, and the tenant fails to comply with the requirements of the order within 7 days, the court shall, at any time after the expiration of the 7 days, issue its warrant, directed to any official of the county entitled to serve process, ordering the official to cause the landlord to have again and repossess the property by putting the landlord, or the landlord’s duly qualified agent or attorney, in possession of the property, and for that purpose to remove from the property, by force if necessary, all the furniture, implements, tools, goods, effects or other chattels of every description whatsoever belonging to the tenant, or to any person claiming or holding by or under the tenant.

(ii) If the landlord does not order a warrant of restitution within 60 days from the later of the date of judgment or the expiration date of any stay of execution:

1. The judgment for possession shall be stricken; and

2. The judgment shall be applied to the number of judgments necessary to foreclose a tenant’s right to redemption of the leased premises as established in subsection (h)(2) of this section unless the court in its discretion determines that the judgment may not apply for purposes of subsection (h)(2) of this section.

(iii) If the landlord orders a warrant of restitution but takes no action on the warrant within 60 days from the later of the date the court issues the order for the warrant or the date as otherwise extended by the court:

1. The warrant of restitution shall expire and the judgment for possession shall be stricken; and

2. The judgment shall be applied to the number of judgments necessary to foreclose a tenant’s right to redemption of the leased premises as established in subsection (h)(2) of this section unless the court in its discretion determines that the judgment may not apply for purposes of subsection (h)(2) of this section.

(2) (i) The administrative judge of any district shall stay the execution of a warrant of restitution of a residential property, from day to day, in the event of extreme weather conditions affecting the residential property, including:

1. A temperature or next–day forecasted temperature of 32 degrees Fahrenheit or lower;

2. A winter storm warning or blizzard warning issued by the National Weather Service;

3. A hurricane warning or tropical storm warning issued by the National Weather Service; and

4. An excessive heat warning issued by the National Weather Service.

(ii) When a stay has been granted under this paragraph, the execution of the warrant of restitution for which the stay has been granted shall be given priority and completed within 5 days after the extreme weather conditions cease.

(g) A warrant of restitution issued under this section shall be executed in compliance with the provisions of § 8–407 of this subtitle.

(h) (1) Subject to paragraph (3) of this subsection, in any action of summary ejectment for failure to pay rent where the landlord is awarded a judgment giving the landlord restitution of the leased premises, the tenant shall have the right to redemption of the leased premises by tendering in cash, certified check, or money order to the landlord or the landlord’s agent all past due amounts, as determined by the court under subsection (e) of this section, plus all court awarded costs and fees, at any time before actual execution of the eviction order.

(2) An electronic or written check issued by a political subdivision or on behalf of a governmental entity shall have the same legal effect as a payment made by the tenant under paragraph (1) of this subsection.

(3) This subsection does not apply to any tenant against whom three judgments of possession have been entered for rent due and unpaid in the 12 months prior to the initiation of the action to which this subsection otherwise would apply.

(i) (1) The tenant or the landlord may appeal from the judgment of the District Court to the circuit court for any county at any time within 4 days from the rendition of the judgment.

(2) The tenant, in order to stay any execution of the judgment, shall give a bond to the landlord with one or more sureties, who are owners of sufficient property in the State of Maryland, with condition to prosecute the appeal with effect, and answer to the landlord in all costs and damages mentioned in the judgment, and other damages as shall be incurred and sustained by reason of the appeal.

(3) The bond shall not affect in any manner the right of the landlord to proceed against the tenant, assignee or subtenant for any and all rents that may become due and payable to the landlord after the rendition of the judgment.
Md. Code, Health Occupations § 8-6A-16 — MD Code / Article gho / Title 8 / Subtitle 6A / Section 8-6A-16
§8–6A–16.
Status: in_force

If the Board determines that the information contained in a record concerns possible criminal activity of an individual who routinely provides nursing and nursing related tasks delegated by a registered nurse or licensed practical nurse for compensation, the Board shall disclose the information to a law enforcement or prosecutorial official.
Md. Code, State Government § 8-502 — MD Code / Article gsg / Title 8 / Subtitle 5 / Section 8-502
§8–502.
Status: in_force

(a) (1) A member of a State board or commission shall be suspended without pay from participation in the activities of the board or commission if the member is convicted of or enters a plea of nolo contendere to any crime that:

(i) is a felony; or

(ii) is a misdemeanor related to the member’s public duties and responsibilities and involves moral turpitude for which the penalty may be incarceration in any penal institution.

(2) The suspension shall continue during any period of appeal of the conviction.

(3) If the conviction becomes final, the member shall be removed from the office and the office shall be deemed vacant.

(b) If the conviction of the member is reversed or otherwise vacated:

(1) the member shall be reinstated to the office for the remainder, if any, of the term of office during which the member was so suspended or removed; and

(2) all pay and benefits shall be restored from the date of the suspension or removal.
Md. Code, Real Property § 8-216 — MD Code / Article grp / Title 8 / Subtitle 2 / Section 8-216
§8–216.
Status: in_force

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

(2) “Threaten to take possession” means using words or actions intended to convince a reasonable person that the landlord intends to take imminent possession of the property in violation of this section.

(3) (i) “Willful diminution of services” means intentionally interrupting or causing the interruption of heat, running water, hot water, electricity, or gas by the landlord for the purpose of forcing a tenant to abandon the property.

(ii) “Willful diminution of services” does not include a landlord choosing not to continue to pay for utility service for residential property after a final court order awarding possession of the residential property, if the landlord has provided the tenant reasonable notice of the landlord’s intention and the opportunity for the tenant to open an account in the tenant’s name for that service.

(b) (1) Except as provided in paragraph (2) of this subsection, a landlord may not take possession or threaten to take possession of a dwelling unit from a tenant or tenant holding over by locking the tenant out or any other action, including willful diminution of services to the tenant.

(2) A landlord may take possession of a dwelling unit from a tenant or tenant holding over only:

(i) In accordance with a warrant of restitution issued by a court and executed by a sheriff or constable; or

(ii) If the tenant has abandoned or surrendered possession of the dwelling unit.

(c) (1) If in any proceeding the court finds in favor of the tenant because the landlord violated subsection (b) of this section, the tenant may recover:

(i) Actual damages; and

(ii) Reasonable attorney’s fees and costs.

(2) The remedies set forth in this subsection are not exclusive.

(d) This section may not be construed to prevent a landlord from taking temporary measures, including changing the locks, to secure an unsecured residential property, if the landlord makes good faith attempts to provide reasonable notice to the tenant that the tenant may promptly be restored to possession of the property.
Md. Code, Business Regulation § 8-610 — MD Code / Article gbr / Title 8 / Subtitle 6 / Section 8-610
§8–610.
Status: in_force

(a) A person may not:

(1) directly or indirectly publish a false, deceptive, or misleading advertisement about home improvement; or

(2) advertise or offer, by any means, to perform a home improvement if the person does not intend to accept a home improvement contract:

(i) to do the particular home improvement; or

(ii) at the price advertised or offered.

(b) An advertisement that is subject to and complies with regulations adopted by the Federal Trade Commission is not false, deceptive, or misleading.
Md. Code, Election Law § 8-203 — MD Code / Article gel / Title 8 / Subtitle 2 / Section 8-203
§8–203.
Status: in_force

(a) Except as provided in subsection (b) of this section, in accordance with Title 9, Subtitle 2 of this article, the State Board shall certify to the local board of a county the names of candidates on the primary election ballots in that county.

(b) This section does not apply to a special primary election for the office of Representative in Congress.
Md. Code, Health - General § 8-405 — MD Code / Article ghg / Title 8 / Subtitle 4 / Section 8-405
§8–405.
Status: in_force

(a) A halfway house shall be licensed in accordance with Title 7.5 of this article.

(b) The Secretary shall adopt regulations for establishing, licensing, and operating halfway houses.
Md. Code, Agriculture § 8-8A-02 — MD Code / Article gag / Title 8 / Subtitle 8A / Section 8-8A-02
§8–8A–02.
Status: in_force

(a) Except as provided in this subtitle, a person may not utilize food processing residuals in the State.

(b) A person shall obtain a permit before utilizing food processing residuals in the State.

(c) A permit authorizes the permit holder to utilize food processing residuals in conjunction with an agricultural operation in accordance with this subtitle, regulations adopted under this subtitle, and the terms of the permit.

(d) A person must have a permit for each site where the person utilizes food processing residuals.
Md. Code, Health Occupations § 8-307 — MD Code / Article gho / Title 8 / Subtitle 3 / Section 8-307
§8–307.
Status: in_force

(a) Subject to the provisions of this section, the Board may issue a license by endorsement and waive any appropriate examination requirement of this title for an applicant who has an active unencumbered license to practice registered nursing or licensed practical nursing in any other state or country.

(b) The Board may issue a license by endorsement under this section only if the applicant:

(1) Submits to the Board an application on the form that the Board requires;

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

(3) Pays the application fee set by the Board under § 8–304 of this subtitle; and

(4) (i) 1. Holds a valid, unencumbered multistate license under the Nurse Licensure Compact; or

2. Except as provided in subsection (c) of this section, provides adequate evidence that:

A. At the time the applicant graduated from a nursing education program approved in the other state or country, the program was substantially equivalent to the education program approved in this State;

B. At the time the applicant became licensed or registered in the other state or country, the applicant passed in that or any other state or country an examination that was similar to the examination that then was given in this State; and

(ii) Meets the qualifications otherwise required by this title.

(c) (1) An applicant for licensure as a registered nurse by endorsement who cannot provide the evidence required under subsection (b)(4)(i) of this section may qualify for licensure as a registered nurse by endorsement if the applicant meets the requirements of paragraph (2) of this subsection.

(2) An applicant may qualify for licensure as a registered nurse by endorsement if the applicant has:

(i) Completed satisfactorily and met all requirements for an associate or a baccalaureate degree in registered nursing from a college or university that, at the time of the applicant’s graduation, is:

1. Accredited by a national or regional nursing accreditation agency that is recognized by the Secretary of the U.S. Department of Education or the Council for Higher Education Accreditation; and

2. Approved by the board of nursing or other applicable state regulator in the state in which the program is located; and

(ii) Completed a minimum number of direct patient care practice hours as required by regulations adopted by the Board.
Md. Code, Tax - General § 8-205 — MD Code / Article gtg / Title 8 / Subtitle 2 / Section 8-205
§8–205.
Status: in_force

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

(2) (i) “Foreign person” means:

1. an individual who is not a resident of the United States;

2. a company, partnership, or trust that is not organized under the laws of the United States or of a state; and

3. a foreign branch of a company organized under the laws of the United States or of a state.

(ii) “Foreign person” includes:

1. a foreign government or any of its units;

2. an international organization or any of its agencies;

3. an international banking facility; or

4. a company or partnership that is not organized under the laws of the United States or of a state and that has an office and activities within an approved foreign trade zone.

(3) “International banking facility” means a financial institution that:

(i) qualifies as an international banking facility under the laws of the United States or under regulations that the Board of Governors of the Federal Reserve System adopts;

(ii) is located in a county where an approved foreign trade zone is located; and

(iii) 1. makes, arranges for, places, or services a loan to a foreign person for use outside the United States or in an approved foreign trade zone in the United States; or

2. derives earnings from a foreign exchange trading or hedging transaction that is related to a loan described in item 1 of this item.

(4) “Liability” means the total liabilities shown in the records of an international banking facility.

(b) In computing taxable net earnings, an international banking facility shall:

(1) deduct the qualifying amount computed under subsection (c) of this section to the extent that the amount is not deductible in computing its federal taxable income; or

(2) add any loss computed under subsection (c) of this section to its taxable net earnings.

(c) (1) To compute the qualifying amount allowed under this section, an international banking facility shall determine its gross earnings derived, directly or indirectly, from any foreign exchange trading or hedging transaction that relates to making, arranging for, placing, or servicing a loan to a foreign person if:

(i) substantially all of the proceeds of that loan are used outside the United States; or

(ii) all of the proceeds are used in an approved foreign trade zone by:

1. a foreign individual;

2. an individual residing in the United States; or

3. a foreign branch of a company that is organized under the laws of the United States or of a state, is not a bank, and has at least 80% ownership or control of the foreign branch.

(2) From the gross earnings computed under paragraph (1) of this subsection, an international banking facility shall subtract all deductions or expenses, directly or indirectly, related to those gross earnings.

(3) From the adjusted gross earnings calculated under paragraph (2) of this subsection, an international banking facility shall subtract the product of multiplying the adjusted gross earnings by a fraction:

(i) the numerator of which is the fiscal year average amount of liability that was neither owed to nor received from a foreign person; and

(ii) the denominator of which is the fiscal year average amount of liability that was owed to or received from any person.
Md. Code, Tax - Property § 8-209.1 — MD Code / Article gtp / Title 8 / Subtitle 2 / Section 8-209.1
§8–209.
Status: in_force

§8–209.1.

(a) In this section, “conservation property” means land that is subject to a perpetual conservation easement, including an easement that is sold or donated:

(1) to the Maryland Agricultural Land Preservation Foundation;

(2) to the Maryland Environmental Trust;

(3) to a land trust as defined in § 3–2A–01 of the Natural Resources Article; or

(4) under another public land conservation or preservation program.

(b) Conservation property shall be valued at a rate equivalent to the highest rate that is used to value land that is eligible for agricultural use assessment under § 8–209 of this subtitle.

(c) Notwithstanding § 8–209(c) of this subtitle, conservation property is not required to be actively used for farm or agricultural purposes to be eligible for valuation as provided in this section.
Md. Code, Labor and Employment § 8-1302 — MD Code / Article gle / Title 8 / Subtitle 13 / Section 8-1302
§8–1302.
Status: in_force

An employer, its officer or agent, or another person may not:

(1) knowingly make a false statement or false representation or knowingly fail to disclose a material fact to:

(i) prevent or reduce the payment of a benefit to an individual who is entitled to the benefit;

(ii) avoid becoming or remaining subject to this title; or

(iii) avoid or reduce any contribution or other payment that is required from an employer under this title; or

(2) willfully fail or refuse to:

(i) make a contribution or other payment;

(ii) submit a report that is required under this title;

(iii) produce records that are required under this title; or

(iv) allow those records to be copied or inspected.
Md. Code, Labor and Employment § 8-620 — MD Code / Article gle / Title 8 / Subtitle 6 / Section 8-620
§8–620.
Status: in_force

(a) (1) Reimbursement payments shall be made in accordance with this section.

(2) Unless there is an application for review and redetermination of a bill under § 8–621 of this subtitle, a nonprofit organization or governmental entity shall pay the bill under this section within 30 days after the Secretary mailed the bill to the last known address of the nonprofit organization or governmental entity or otherwise delivered the bill to it.

(b) If benefits paid to an individual are based on wages paid by 2 or more employing units, the amount payable by each employing unit under an election shall be an amount whose ratio to total benefits paid is the same as the ratio that total base period wages paid to the individual by that employing unit has to total base period wages paid by all base period employing units.

(c) Except as provided in subsection (d) of this section, at the end of each calendar quarter or any other period set by the Secretary, the Secretary shall send:

(1) to each nonprofit organization that has made an election or if the Secretary has approved a group account under § 8–619 of this subtitle, to the group representative, a bill for all regular and work sharing benefits, and 50% of extended benefits paid during that period that are attributable to covered employment for that nonprofit organization; and

(2) to each governmental entity that has made an election, a bill for all regular, work sharing, and extended benefits paid during that period that are attributable to covered employment for that governmental entity.

(d) (1) On request, the Secretary may allow a nonprofit organization or governmental entity that has made an election to make reimbursement payments as provided in this subsection.

(2) If the Secretary approves a request, the method of payment shall become effective on approval.

(3) At the end of each calendar quarter or other period set by the Secretary, the Secretary shall mail to a nonprofit organization or governmental entity at its last known address or otherwise deliver to it:

(i) a bill for a percentage of its total payroll for the immediately preceding calendar year as determined by the Secretary, based each year on the average cost of benefits that are attributable to covered employment for the nonprofit organization or governmental entity during the immediately preceding calendar year; or

(ii) if the nonprofit organization or governmental entity did not pay wages during the 4 calendar quarters of the preceding calendar year, a bill for a percentage of its payroll during that year as determined by the Secretary.

(4) At the end of each calendar year:

(i) the Secretary may modify the periodic percentage of payroll payable under this subsection for the upcoming year to minimize excess or insufficient payments;

(ii) the Secretary shall determine the difference between payments made by a nonprofit organization or governmental entity and the amount it is required to reimburse to the Unemployment Insurance Fund under § 8–616 of this subtitle; and

(iii) if the Unemployment Insurance Fund has not been reimbursed fully, the Secretary shall mail to the nonprofit organization or governmental entity at its last known address or otherwise deliver to it a bill for the difference and require payment in accordance with subsection (a)(2) of this section.

(5) If the total payments for a calendar year exceed the amount required to be reimbursed, the Secretary may:

(i) refund all or part of the excess from the Unemployment Insurance Fund; or

(ii) retain all or part of the excess in the Unemployment Insurance Fund as part of the payments that may be required for the next calendar year.

(e) An employing unit may not deduct, wholly or partly, any payment made under this subtitle from the compensation of individuals in the employ of the nonprofit organization or governmental entity.

(f) (1) Except as provided in paragraph (2) of this subsection, if the Secretary recovers benefits charged to a nonprofit organization or governmental entity under § 8–809 of this title, the Secretary shall remove those charges from the account of the nonprofit organization or governmental entity.

(2) (i) The Secretary may not remove a benefit charge recovered by the Secretary under § 8–809 of this title from the account of a nonprofit organization or governmental entity if:

1. the benefit was paid as a direct or indirect result of the failure of the nonprofit organization or governmental entity, either directly or through an agent, to provide timely or adequate information relating to a claim for benefits in response to a request for information made by the Secretary under this title or regulations adopted to carry out this title; and

2. the nonprofit organization or governmental entity has not demonstrated good cause for failing to provide timely or adequate information.

(ii) In determining whether the Secretary is prohibited from removing a benefit charge under subparagraph (i) of this paragraph:

1. the nonprofit organization or governmental entity, either directly or through an agent, must raise the issue of good cause in writing for the issue to be considered; and

2. the nonprofit organization or governmental entity, either directly or through an agent, has the burden of proving there was good cause for failing to provide timely or adequate information.
Md. Code, Insurance § 8-420 — MD Code / Article gin / Title 8 / Subtitle 4 / Section 8-420
§8–420.
Status: in_force

(a) (1) The officers, trustees, directors, or other individuals who have general control of the management of the affairs and funds of the society shall be elected by the supreme legislative or governing body of the society.

(2) The election shall be held within 1 year after a permanent certificate of authority is issued under § 8-417 of this subtitle.

(b) The officers of a grand, supreme, or subordinate lodge or branch of a society are not personally liable for payment of a benefit provided by the society.

(c) (1) An individual may be indemnified and reimbursed by a society for expenses reasonably incurred by, and liabilities imposed on, the individual in connection with or arising out of any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative, in which the individual may be involved because the individual is or was a director, officer, employee, or agent of the society or of any firm, corporation, or organization in which the individual served in any capacity at the request of the society.

(2) An individual may not be indemnified or reimbursed:

(i) in relation to any matter in an action, suit, or proceeding as to which the individual is finally adjudged to be or have been guilty of breach of a duty as a director, officer, employee, or agent of the society; or

(ii) in relation to any matter in a threatened or pending action, suit, or proceeding that has been made the subject of a compromise settlement, unless the individual:

1. acted in good faith for a purpose the individual reasonably believed to be in, or not opposed to, the best interests of the society; and

2. in a criminal action or proceeding, had no reasonable cause to believe that the individual’s conduct was unlawful.

(3) The determination of whether the conduct of an individual met the standard required to justify indemnification and reimbursement in relation to any matter described in paragraph (2) of this subsection may be made only by:

(i) the supreme governing body or board of directors of the society by a majority vote of a quorum that consists of individuals who were not parties to the action, suit, or proceeding; or

(ii) a court of competent jurisdiction.

(4) The termination of an action, suit, or proceeding by judgment, order, settlement, conviction, or on a plea of no contest, as to an individual shall not in itself create a conclusive presumption that the individual did not meet the standard of conduct required to justify indemnification and reimbursement.

(5) The right of indemnification and reimbursement under this subsection shall not be exclusive of other rights to which an individual may be entitled as a matter of law, and shall inure to the benefit of the individual’s heirs, executors, and administrators.

(d) A society may purchase and maintain insurance on behalf of any individual who is or was a director, officer, employee, or agent of the society, or who is or was serving at the request of the society as a director, officer, employee, or agent of any other firm, corporation, or organization against any liability asserted against the individual and incurred by the individual in any such capacity or arising out of the individual’s status as such, whether or not the society would have the power to indemnify the individual against such liability under this section.

(e) No director, officer, employee, member, or volunteer of a society serving without compensation, shall be liable, and no cause of action may be brought, for damages resulting from the exercise of judgment or discretion in connection with the duties or responsibilities of the individual for the society unless the act or omission involved willful or wanton misconduct.
Md. Code, Human Services § 8-406 — MD Code / Article ghu / Title 8 / Subtitle 4 / Section 8-406
§8–406.
Status: in_force

(a) Each local care team shall include:

(1) at least one representative from:

(i) the Department of Juvenile Services;

(ii) the Developmental Disabilities Administration;

(iii) the Behavioral Health Administration;

(iv) if determined to be appropriate by the Behavioral Health Administration, the local core service agency or local behavioral health authority;

(v) the local school system;

(vi) the local health department;

(vii) the local department of social services; and

(viii) the local management board;

(2) a parent, parent advocate, or both, appointed by the chair of the local care team in consultation with the child advocacy community; and

(3) a nonvoting representative of the local office of the division of rehabilitative services to represent individuals who are 16 years old and older.

(b) Each local care team shall establish the terms of its members.

(c) Each local care team shall select its chair from among its members for a designated term of office.

(d) Each local care team:

(1) shall determine which of its members will have responsibility for its administrative functions; and

(2) if two or more members will share the responsibility, shall determine the rotation of the administrative functions.

(e) Subject to the availability of funds, a parent or parent advocate who is a member of a local care team may receive:

(1) the compensation provided in the State or local budget; and

(2) reimbursement for expenses, in accordance with the Standard State Travel Regulations.
Md. Code, Natural Resources § 8-732 — MD Code / Article gnr / Title 8 / Subtitle 7 / Section 8-732
§8–732.
Status: in_force

(a) Upon the satisfaction of a security interest in a vessel, the secured party shall release the security interest in whatever form as may be prescribed by or acceptable to the Department, and within 15 days mail or deliver the signed and dated release of security interest to the owner and a copy of the release to the Department. The Department shall correct its records and, upon request of the owner and the receipt by the Department of the certificate of title with the release of security interest, the Department may issue a new certificate of title to the owner.

(b) If the Department determines after a hearing and following due notice to all parties interested that an indebtedness does not constitute a security interest, the Department shall release the indebtedness upon the certificate of title or issue a new certificate of title, and mail or deliver the certificate of title to the owner. Any person aggrieved by the decision of the Department may appeal in accordance with the provisions of the Administrative Procedure Act.
Md. Code, Education § 8-413 — MD Code / Article ged / Title 8 / Subtitle 4 / Section 8-413
§8–413.
Status: in_force

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

(2) “Administrative law judge” means an individual serving in the role of an impartial hearing officer as required under the federal Individuals with Disabilities Education Act.

(3) “Due process complaint” means a written request for a due process hearing filed by the parent of a child with a disability, as defined in § 8–412 of this subtitle, or a public agency, to resolve a dispute over the identification, evaluation, educational placement, or the provision of free appropriate public education, in accordance with federal law.

(4) “Federal law” means the Individuals with Disabilities Education Act and regulations adopted under that Act.

(5) “Parent” means:

(i) A child’s natural or adoptive parents, a guardian, or a person acting as a parent of a child, such as a relative or a stepparent with whom the child lives;

(ii) A foster parent with whom a child lives if the foster parent has been granted limited guardianship for educational decision making purposes by the court that placed the child in foster care;

(iii) Another individual who is legally responsible for the child’s welfare; or

(iv) A parent surrogate appointed in accordance with § 8–412 of this subtitle.

(6) “Public agency” means the State Department of Education, a local school system, the Juvenile Services Education Program, or any State agency responsible for providing education to students with disabilities, including the Maryland School for the Blind and the Maryland School for the Deaf.

(7) “Resolution session” means a preliminary meeting the public agency shall convene with the child’s parent in accordance with federal law.

(b) (1) The parent of a child with a disability or a public agency may formally request mediation at any time to resolve any disagreement between the parties regarding the child’s special education services or program.

(2) If a parent files a due process complaint against a public agency concerning the identification, evaluation, or educational placement of a student or the provision of a free appropriate public education, any party shall be given the opportunity to request mediation of those aspects of the decision subject to dispute.

(3) The request for mediation may not be used to deny or delay the parent’s rights under federal law or this section.

(4) Any party to the mediation has the right to be accompanied and advised by counsel.

(5) Mediation shall be conducted in accordance with departmental regulations.

(6) A mediation agreement shall be in writing and is enforceable in a court of competent jurisdiction in accordance with federal law.

(7) The Department shall make a staff member available to assist a parent in understanding the mediation process.

(8) Before mediation begins, the Department shall notify a parent about the Access to Attorneys, Advocates, and Consultants for Special Education Program established under § 8–413.1 of this subtitle.

(c) (1) Before conducting a due process hearing in accordance with subsection (d) of this section, the public agency shall provide the parent with:

(i) An opportunity to resolve the due process complaint at a resolution session in accordance with federal law; and

(ii) Notification about the Access to Attorneys, Advocates, and Consultants for Special Education Program established under § 8–413.1 of this subtitle.

(2) A resolution session agreement shall be in writing and enforceable in a court of competent jurisdiction in accordance with federal law.

(3) A written resolution agreement may be voided by the parties within 3 business days of execution in accordance with federal law.

(d) (1) A parent of a child with disabilities shall file a due process complaint with the Office of Administrative Hearings and the public agency.

(2) A public agency shall file a due process complaint with the Office of Administrative Hearings and the parent.

(3) Except as provided in paragraph (4) of this subsection, the complaining party shall file a due process complaint within 2 years of the date the party knew or should have known about the action that forms the basis of the due process complaint.

(4) The statute of limitations described under paragraph (3) of this subsection does not apply to a parent who is prevented from requesting a due process hearing due to:

(i) Specific misrepresentations made by the public agency that it had resolved the problem that formed the basis of the due process complaint; or

(ii) The public agency’s withholding of information that the public agency was required to provide to the parent.

(5) In order to conduct a hearing, the Office of Administrative Hearings shall appoint an administrative law judge who:

(i) Is an administrative law judge in the Office of Administrative Hearings; and

(ii) Meets the requirements of a due process hearing officer in accordance with federal law.

(6) Unless the parent and the public agency otherwise agree, during the course of any administrative or judicial proceeding, the child must remain in the last approved placement in accordance with federal law.

(7) If the hearing concerns the initial admission of a child into a public school, the child with the consent of the parent must be placed in the public school program until the proceedings have been completed.

(e) (1) The administrative law judge appointed under subsection (d) of this section shall conduct the hearing in accordance with federal law, Title 10 of the State Government Article, and the Office of Administrative Hearings Rules of Administrative Procedure, and may:

(i) After review of the educational records of the child, dismiss any request for review which does not relate to a matter described in subsection (d)(1) of this section;

(ii) Require the parties to attend a prehearing conference prior to the due process hearing;

(iii) Hear any testimony that it considers relevant;

(iv) Require an independent evaluation or call an impartial expert witness in the diagnosis or education of students with disabilities whose testimony shall be on the record and whose costs shall be paid by the State Education Agency; and

(v) Administer oaths to witnesses at the hearing on request of a party.

(2) The provisions of the Family Educational Rights and Privacy Act and 34 C.F.R. Part 99 shall apply to school records sought by the impartial expert witness.

(3) If the parties cannot agree on an impartial expert witness, each party shall be given the opportunity to submit a list of possible experts, and the administrative law judge shall decide which impartial expert witness to call.

(f) (1) Any party to the hearing has the right to:

(i) Be accompanied and be advised by counsel and individuals with special knowledge or training with respect to the problems of children with disabilities;

(ii) Present evidence and confront, cross–examine, and compel the attendance of witnesses;

(iii) Prohibit the introduction of any evidence at the hearing which has not been disclosed to all parties at least 5 days before the hearing;

(iv) Obtain a written or electronic verbatim record of the hearing; and

(v) Obtain written findings of fact and decisions.

(2) Parents involved in the hearings must be given the right to:

(i) Have the child who is the subject of the hearing present; and

(ii) Open the hearing to the public.

(g) (1) The decision of the administrative law judge shall be made on substantive grounds based on the determination of whether the child received a free appropriate public education.

(2) In matters alleging a procedural violation, an administrative law judge may find that the child did not receive a free appropriate public education only if the procedural inadequacies:

(i) Impeded the child’s right to a free appropriate public education;

(ii) Significantly impeded the parents’ opportunity to participate in the educational decision making process regarding the provision of a free appropriate public education to the parents’ child; or

(iii) Caused a deprivation of educational benefits.

(h) The hearing shall be held and a written decision shall be issued within the time periods established by federal law. The administrative law judge may grant a specific extension of time at the request of either party.

(i) If, at the time of the due process complaint, the child who is the subject of the hearing is not enrolled and attending an approved educational program or, if the due process complaint is over the placement or manifestation determination of a child, due to a violation of the rules of conduct, an expedited hearing shall occur within 20 school days of the date the hearing is requested and shall result in a decision within 10 school days of the hearing.

(j) Within 120 calendar days of the issuance of the hearing decision, any party to the hearing may file an appeal from a final decision of the Office of Administrative Hearings to the federal District Court for Maryland or to the circuit court for the county in which the child resides.

(k) (1) A public agency is not required to pay for the cost of education, including special education and related services, for a child with a disability at a private or nonpublic school if the public agency made a free appropriate public education available to the child and the parent of the child elected to place the child in such a school or facility.

(2) If the parent of a child with a disability, who previously received special education and related services under the authority of a public agency, enrolls the child in a nonpublic school or facility without the consent of or referral by the public agency, an administrative law judge or a court may require the public agency to reimburse the parent for the costs of the placement enrollment if the administrative law judge or court determines that the public agency had not made a free appropriate public education available to the child in a timely manner prior to that enrollment.

(3) Reimbursement may be reduced or denied by the administrative law judge or court in accordance with federal law.

(l) (1) The court may award reasonable attorney’s fees and related costs, including expert witness fees and costs, to the parent of a child with a disability who is a prevailing party in accordance with this subsection.

(2) Subject to paragraph (3) of this subsection, attorney’s fees may not be awarded and related costs may not be reimbursed for services performed after the date a written offer of settlement is made to a parent if:

(i) The settlement offer is made more than 14 days before the start of the proceeding;

(ii) The settlement offer is not accepted within 14 days; and

(iii) The court finds that the relief finally obtained by the parent is not more favorable to the parent than the settlement offer.

(3) An award of attorney’s fees and related costs, including expert witness fees and costs, may be made to a parent who is the prevailing party and who was substantially justified in rejecting a settlement offer.

(m) (1) A public agency annually shall collect the following information for each mediation proceeding and due process proceeding:

(i) The nature of the dispute; and

(ii) The student’s:

1. Grade level;

2. Special education placement;

3. Disability category;

4. Race;

5. Ethnicity;

6. Gender;

7. English learner status; and

8. Free and reduced price meals status.

(2) The Department shall compile the information collected under paragraph (1) of this subsection and, on or before November 1 each year, shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article.