Md. Code, Business Regulation § 17-905 — MD Code / Article gbr / Title 17 / Subtitle 9 / Section 17-905
§17–905.
Status: reserved

(a) Part II of this subtitle does not apply in Anne Arundel, Baltimore, Calvert, Cecil, Howard, Montgomery, and Prince George’s counties.

(b) In Allegany County, Part II of this subtitle does not apply to a trader who holds a trader’s license and has kept a regular place of business in Allegany County for at least 5 years.

(c) In Charles County, Part II of this subtitle:

(1) applies to the sale of goods from a motor vehicle or temporary stand; but

(2) does not apply to the sale of goods from a motor vehicle or temporary stand in connection with a permanent business in Charles County if:

(i) the seller has the written permission of the owner of the business; and

(ii) the motor vehicle or temporary stand is on or adjacent to the premises of the business.

(d) In Harford County, Part II of this subtitle:

(1) applies to the sale of goods from a vehicle or temporary stand; and

(2) does not apply to:

(i) the sale of goods on property that the seller owns or leases; or

(ii) a nonprofit organization.

(e) In St. Mary’s County, Part II of this subtitle applies to a nonresident of St. Mary’s County who sells goods from a motor vehicle, temporary stand, or other temporary location.

(f) Except in Harford County, Part II of this subtitle does not apply to the sale of:

(1) fish or oysters in their natural and unpreserved condition; or

(2) perishable fruits or vegetables in their natural condition.
Md. Code, Health Occupations § 17-6A-12 — MD Code / Article gho / Title 17 / Subtitle 6A / Section 17-6A-12
§17–6A–12.
Status: in_force

To apply for a license, an applicant shall:

(1) Submit an application to the Board on the form that the Board requires;

(2) Pay to the Board the application fee set by the Board; and

(3) Submit to a criminal history records check in accordance with § 17–501.1 of this title.
Md. Code, Business Regulation § 17-602 — MD Code / Article gbr / Title 17 / Subtitle 6 / Section 17-602
§17–602.
Status: in_force

(a) Except as provided in § 8–317 of this article, a person must have a construction license whenever the person does construction business in the State.

(b) A person who is incorporated or has its principal office in another state must have a nonresident construction license, in addition to any other license required by law, whenever the person does construction business in this State.

(c) (1) A construction license must be issued in the county where the construction business has its principal place of business.

(2) A nonresident construction license must be issued in the county where the construction business first does construction business in the State.

(d) A construction license or nonresident construction license under this subtitle authorizes the licensee to do construction business in the State.
Md. Code, Business Occupations and Professions § 17-536 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-536
§17–536.
Status: in_force

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

(b) (1) “Commercial real estate” means:

(i) real property improved by five or more single–family units;

(ii) improved and unimproved real property zoned for commercial, industrial, or nonresidential use by the local zoning authority of the county or municipality in which the property is located; or

(iii) unimproved real property zoned for improvement as multifamily units by the local zoning authority of the county or municipality in which the property is located.

(2) “Commercial real estate” does not include:

(i) property zoned for agricultural use; and

(ii) single–family units, including a condominium or co–op unit, for sale or for lease, or otherwise conveyed or to be conveyed on a single basis.

(c) “Nonresident real estate broker” means an individual, partnership, joint venture, limited liability company, limited liability partnership, or corporation that is not licensed under Subtitle 3 of this title but is licensed to provide real estate brokerage services in a jurisdiction other than this State.

(d) “Nonresident real estate salesperson” means an individual who is not licensed under Subtitle 3 of this title but is licensed to provide real estate brokerage services and is affiliated with a nonresident real estate broker.
Md. Code, Education § 17-101 — MD Code / Article ged / Title 17 / Subtitle 1 / Section 17-101
§17–101.
Status: in_force

There is a program of State aid to private nonprofit institutions of higher education known as the Joseph A. Sellinger Program.
Md. Code, Business Occupations and Professions § 17-605 — MD Code / Article gbo / Title 17 / Subtitle 6 / Section 17-605
§17–605.
Status: in_force

(a) (1) Except as otherwise provided in subsection (b) of this section, a real estate broker, an associate real estate broker, or a real estate salesperson may not pay or offer to pay a commission to a lawyer simply for the referral of a person as a possible party to a residential real estate transaction.

(2) A real estate broker, an associate real estate broker, or a real estate salesperson may not solicit referral business from lawyers by a mass solicitation that offers to pay fees or commissions to the lawyers.

(b) Subsection (a)(1) of this section does not apply to payments or offers of payments to lawyers who hold a real estate broker license under this title or are otherwise entitled to a commission.

(c) Other than the commissions expressly prohibited, subsection (a) of this section does not prohibit the payment or the offer of a payment of a commission by a real estate broker, an associate real estate broker, or a real estate salesperson to a lawyer for any service that relates to a real estate transaction.
Md. Code, Commercial Law § 17-104 — MD Code / Article gcl / Title 17 / Subtitle 1 / Section 17-104
§17–104.
Status: in_force

(a) Except as provided in subsection (b) of this section, this title does not apply to any property that:

(1) Has been presumed abandoned or escheated under the laws of another state before June 1, 1966; or

(2) Is contained in an account that was established under:

(i) Title 18, Subtitle 19 of the Education Article;

(ii) Title 18, Subtitle 19A of the Education Article; or

(iii) Title 18, Subtitle 19C of the Education Article.

(b) This title applies to a sum payable on a check drawn against an account established under Title 18 of the Education Article.
Md. Code, Environment § 17-306 — MD Code / Article gen / Title 17 / Subtitle 3 / Section 17-306
§17–306.
Status: in_force

While a license to an entity is in effect, the license authorizes the entity to:

(1) Employ as marine contractors individuals who are not licensed marine contractors to provide marine contractor services to the public on behalf of the licensee; and

(2) Represent itself to the public as a licensed marine contractor entity.
Md. Code, Business Occupations and Professions § 17-539 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-539
§17–539.
Status: in_force

All trust money paid on account of a transaction involving commercial real estate in this State shall be received and deposited in the trust account of the Maryland broker in accordance with Part I of this subtitle.
Md. Code, Estates and Trusts § 17-108 — MD Code / Article get / Title 17 / Subtitle 1 / Section 17-108
§17–108.
Status: in_force

(a) A power of attorney executed in this State is valid and enforceable as to persons dealing with the agent.

(b) A power of attorney executed other than in this State is valid and enforceable in this State as to persons dealing with the agent if, when the power of attorney was executed, the execution complied with:

(1) The law of the jurisdiction that determines the meaning and effect of the power of attorney; or

(2) The requirements for a military power of attorney in accordance with 10 U.S.C. § 1044b.

(c) (1) Except as otherwise provided by law other than this title and subject to paragraph (2) of this subsection, a photocopy or electronically transmitted copy of an original power of attorney is as valid and binding as the original power of attorney.

(2) A clerk of court may refuse to record a photocopy or electronically transmitted copy of an original power of attorney.

(d) (1) A principal may delegate to one or more agents the authority to do any act specified in the statutory forms in Subtitle 2 of this title.

(2) Notwithstanding paragraph (1) of this subsection, if a principal designates one or more coagents, all coagents shall act together unanimously unless the power of attorney otherwise provides.

(3) The acts specified in the statutory forms may not, notwithstanding paragraph (1) of this subsection, be deemed to invalidate or limit the validity of other authorized acts that a principal may delegate to an agent.
Md. Code, State Finance and Procurement § 17-109 — MD Code / Article gsf / Title 17 / Subtitle 1 / Section 17-109
§17–109.
Status: in_force

(a) An action on a payment bond required by this subtitle shall be filed in the appropriate court of the county where:

(1) the contract was executed and performed; or

(2) the contractor has its principal place of business.

(b) An action on a payment bond required by this subtitle shall be filed within 1 year after the public body finally accepts the work performed under the contract.

(c) An obligee named in a bond or a trustee for any other security is not liable for any costs in connection with an action on a payment bond required by this subtitle.
Md. Code, Education § 17-303 — MD Code / Article ged / Title 17 / Subtitle 3 / Section 17-303
§17–303.
Status: in_force

An affiliated foundation of an eligible institution that receives State payments shall provide to the Maryland Higher Education Commission an annual audit of all pledged and paid amounts and their sources, and a copy of the annual audit shall be provided to the Legislative Auditor.
Md. Code, Public Utilities § 17-601 — MD Code / Article gpu / Title 17 / Subtitle 6 / Section 17-601
§17–601.
Status: in_force

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

(b) (1) “Abuse” means an employee’s intentional misconduct or misuse of authority or position:

(i) involving Commission property or funds that is improper or deficient when compared to conduct a prudent person would consider reasonable under the same facts and circumstances; or

(ii) for the purpose of furthering improperly the private interests of the employee, a family member, or a close personal or business associate.

(2) “Abuse” includes:

(i) theft or misappropriation of Commission property or funds; and

(ii) destruction or alteration of official records.

(c) (1) “Fraud” means an intentional act or attempt to obtain something of value from the Commission or another person through willful misrepresentation.

(2) “Fraud” includes a willful false representation of a material fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, that causes the Commission to act, or fail to act, to the detriment of the Commission’s interest.

(d) “Office” means the Office of the Inspector General.

(e) “Vendor” means a party obligated by contract or subcontract to provide goods, services, or property to the Commission for consideration, including contracts and subcontracts for construction and professional services related to construction.

(f) (1) “Waste” means an inappropriate act or omission by an employee with control over, or access to, Commission property or funds that unreasonably deprives the Commission of value.

(2) “Waste” includes mismanagement or other unintentional conduct that is deficient or improper when compared to conduct a prudent person would consider necessary to preserve the value of Commission property or funds under the same facts and circumstances.
Md. Code, Commercial Law § 17-310 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-310
§17–310.
Status: in_force

(a) Every person holding funds or other tangible or intangible property presumed abandoned under this subtitle shall report to the Administrator with respect to the property as provided in this section.

(b) The report shall be made under oath and shall include:

(1) The name, if known, and last known address, if any, of each person who appears from the records of the holder to be the owner of any property valued at $100 or more and presumed abandoned under this subtitle;

(2) In case of unclaimed funds of an insurance corporation, the full name of the insured, annuitant, principal, or claimant, and the last known address according to the insurance corporation’s records;

(3) The nature and identifying number, if any, or description of the property and the amount which appears from the records to be due, except that items valued at less than $100 each may be reported in the aggregate;

(4) The date when the property became payable, demandable, or returnable, and the date of the last transaction with the owner with respect to the property; and

(5) Any other information which the Administrator prescribes by rule as necessary for the administration of this title.

(c) If the person holding property presumed abandoned is a successor to any other person who previously held the property for the owner, or if the holder has changed his name while holding the property, the person shall file with the report all prior known names and addresses of each holder of the property.

(d) The report shall be for the period of July 1 through June 30 of each year and filed no later than October 31 of that year. However, the reporting period for an insurance corporation shall be from January 1 through December 31 of each year and the report shall be filed no later than April 30 of the following year. The Administrator may postpone the reporting date on the written request of any person required to file a report.

(e) Verification, if made by a partnership, shall be executed by a partner; if made by an unincorporated association or private corporation, by an officer; and if made by a public corporation, by its chief fiscal officer.
Md. Code, State Finance and Procurement § 17-707 — MD Code / Article gsf / Title 17 / Subtitle 7 / Section 17-707
§17–707.
Status: in_force

§17–707. IN EFFECT

** CONTINGENCY – IN EFFECT – CHAPTERS 446 AND 447 OF 2012 **

This subtitle preempts any law, ordinance, rule, or regulation of any local governing body involving procurement contracts for goods or services with a person engaged in investment activities in Iran.
Md. Code, Housing and Community Development § 17-102 — MD Code / Article ghs / Title 17 / Subtitle 1 / Section 17-102
§17–102.
Status: in_force

Title 12 of this article applies to the Prince George’s Authority and other housing authorities in Prince George’s County except where it is inconsistent with this title.
Md. Code, State Finance and Procurement § 17-706 — MD Code / Article gsf / Title 17 / Subtitle 7 / Section 17-706
§17–706.
Status: in_force

§17–706. IN EFFECT

** CONTINGENCY – IN EFFECT – CHAPTERS 446 AND 447 OF 2012 **

(a) (1) If a public body, using credible information available to the public, determines that a person has submitted a false certification under § 17–705(a)(1) of this subtitle, the public body shall provide written notice to the person and an opportunity for the person to demonstrate in writing that the person is not engaged in investment activities in Iran.

(2) If the person fails to demonstrate to the public body within 90 days after the public body provides notice under paragraph (1) of this subsection that the person is not engaged in investment activities in Iran, the public body shall report to the Board and the Attorney General:

(i) the name of the person determined to have submitted a false certification; and

(ii) the information on which the public body made its decision.

(b) (1) The Attorney General may institute an action against a person determined to have submitted a false certification under § 17–705(a)(1) of this subtitle.

(2) An action brought under this section shall be brought within 3 years from the date the certification is made.

(c) If, in an action brought under this section, a court determines that a person submitted a false certification:

(1) the person shall pay all reasonable costs and fees incurred in the civil action, including:

(i) any costs incurred by the public body for the investigation that led to the finding of the false certification; and

(ii) all reasonable costs and fees incurred by the Attorney General in bringing the action;

(2) the court may impose a civil penalty equal to the greater of $1,000,000 or twice the amount of the contract for which the false certification was submitted;

(3) the public body may terminate the contract for which the false certification was submitted; and

(4) the person is ineligible to bid on a contract with a public body for a period of 3 years from the date of the court order.

(d) (1) Except as provided in paragraph (2) of this subsection, an unsuccessful bidder or any other person may not protest the award of a contract or contract renewal on the basis of a false certification.

(2) Paragraph (1) of this subsection does not prohibit a public body from filing a protest objecting to the award of a contract or contract renewal on the basis of a false certification.

(e) This subtitle does not create or authorize a private right of action.
Md. Code, Estates and Trusts § 17-105 — MD Code / Article get / Title 17 / Subtitle 1 / Section 17-105
§17–105.
Status: in_force

(a) In this section, “durable power of attorney” means a power of attorney by which a principal designates another as an attorney in fact or agent and the authority is exercisable notwithstanding the principal’s subsequent disability or incapacity.

(b) This section applies to all powers of attorney.

(c) When a principal designates another as an attorney in fact or agent by a power of attorney in writing, it is a durable power of attorney unless otherwise provided by its terms.

(d) Any act done by the attorney in fact or agent in accordance with the power of attorney during any period of disability or incompetence of the principal or during any period of uncertainty as to whether the principal is dead or alive has the same effect and inures to the benefit of and binds the principal as if the principal were alive, competent, and not disabled.

(e) (1) If a guardian is appointed for the principal, the attorney in fact or agent shall account to the guardian rather than the principal.

(2) The guardian has the same power the principal would have but for the principal’s disability or incompetence to revoke, suspend, or terminate all or any part of the power of attorney or agency.
Md. Code, Business Occupations and Professions § 17-205 — MD Code / Article gbo / Title 17 / Subtitle 2 / Section 17-205
§17–205.
Status: in_force

(a) (1) The Secretary shall appoint the executive director of the Commission from a list of 3 nominees submitted by the Commission.

(2) The executive director serves at the pleasure of the Secretary.

(b) The executive director shall:

(1) possess a broad knowledge of generally accepted practices in the real estate business in the State; and

(2) be reasonably well informed of the general laws that govern agency and contracts for the conveyance or leasing of real estate.

(c) (1) The executive director shall devote full time to the duties of office.

(2) The executive director may not hold any position or engage in another business that:

(i) interferes with the position of executive director; or

(ii) might conflict with the position of executive director.

(3) While employed by the Commission, the executive director may not:

(i) be licensed in any state as a real estate broker, an associate real estate broker, or a real estate salesperson;

(ii) engage in any act for which a license is required under this title; or

(iii) in connection with any real estate transaction, directly or indirectly receive or become entitled to receive any fee, perquisite, or compensation.

(d) The executive director is entitled to:

(1) compensation in accordance with the State budget; and

(2) reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(e) The executive director is a special appointment in the State Personnel Management System.

(f) While employed as executive director, the executive director 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.
Md. Code, Business Regulation § 17-1808 — MD Code / Article gbr / Title 17 / Subtitle 18 / Section 17-1808
§17–1808.
Status: in_force

(a) (1) The clerk shall state on each trader’s license the place where the licensee may do business as a trader.

(2) A trader may keep a place of business only at the place stated on the trader’s license.

(b) A trader’s license issued to an exhibitor authorizes the holder to do business as an exhibitor at any show in the State.

(c) A trader’s license issued to a peddler, as defined in § 17–901 of this title, authorizes the holder of the trader’s license to act as a peddler only in the county where the trader’s license was issued.
Md. Code, Business Regulation § 17-901 — MD Code / Article gbr / Title 17 / Subtitle 9 / Section 17-901
§17–901.
Status: in_force

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

(b) “Calvert County magazine seller license” means a license issued by the clerk in Calvert County to act as a nonresident itinerant magazine seller in Calvert County.

(c) “Foot peddler” means a peddler who travels on foot.

(d) “Motor vehicle peddler” means a peddler who travels by motor vehicle.

(e) “Nonresident itinerant magazine seller” means a person who is not a resident of Calvert County and who sells or offers to sell a subscription to a magazine or other publication in Calvert County.

(f) “One–horse peddler” means a peddler who travels with a wagon or other vehicle drawn by one horse or other beast of burden.

(g) (1) “Peddler” means a person who:

(i) does not have a fixed place of business located in a physical structure; and

(ii) moves from house to house or place to place carrying articles of merchandise to be sold and delivered concurrently.

(2) “Peddler” includes a foot peddler, motor vehicle peddler, one–horse peddler, and two–horse peddler.

(h) “Peddler license” means a license issued by the clerk to act as a peddler.

(i) “Two–horse peddler” means a peddler who travels with a wagon or other vehicle drawn by two horses or other beasts of burden.
Md. Code, Transportation § 17-106.1 — MD Code / Article gtr / Title 17 / Subtitle 1 / Section 17-106.1
§17–106.
Status: in_force

§17–106.1.

(a) The Administration may establish and implement a system for each insurer or other provider of the security required by § 17-103 of this subtitle to report to the Administration all policies issued for vehicles registered in the State.

(b) (1) The Administration shall operate the reporting system developed under subsection (a) of this section and may not contract with an outside entity for the operation of the system.

(2) Paragraph (1) of this subsection may not be construed to prohibit the Administration from contracting with an outside entity for the design or development of the reporting system authorized under subsection (a) of this section.

(c) The Administration may not disclose or allow the bulk purchase of any insurance information submitted by insurers or other providers under a reporting system established under subsection (a) of this section.
Md. Code, Business Occupations and Professions § 17-210 — MD Code / Article gbo / Title 17 / Subtitle 2 / Section 17-210
§17–210.
Status: in_force

The Commission shall submit to the Secretary an annual report of the activities of the Commission that includes:

(1) a statement of the total receipts from license fees;

(2) a statement of the total expenditures of the Commission;

(3) the number of real estate broker licenses, associate real estate broker licenses, and real estate salesperson licenses issued in each county;

(4) the number of hearings held;

(5) the number of complaints received;

(6) the number of investigations made;

(7) the number of applications for licenses denied;

(8) the total number of licenses suspended or revoked;

(9) the number of cases resolved within the schedule adopted under § 17–208(b) of this subtitle;

(10) the number of Guaranty Fund awards made that reach the statutory cap at the time the award is made, the corresponding amounts claimed by the complainant in each case, and the amount of damages that would have been reimbursable to the complainant if the statutory cap did not exist; and

(11) any other information that reflects the work of the Commission.
Md. Code, Public Utilities § 17-603 — MD Code / Article gpu / Title 17 / Subtitle 6 / Section 17-603
§17–603.
Status: in_force

(a) (1) The Commission shall appoint the inspector general.

(2) (i) The Commission shall select the inspector general:

1. solely on the basis of professional ability and personal integrity; and

2. without regard to political affiliation.

(ii) The inspector general shall be qualified professionally by experience or education in auditing, government operations, or financial management.

(3) The Commission shall select the inspector general from a list of recommended candidates prepared by the appointment committee under subsection (b) of this section by an affirmative vote of not less than four commissioners.

(b) (1) The Commission shall establish an appointment committee whenever the position of inspector general is vacant.

(2) The appointment committee shall review potential candidates for appointment as inspector general and shall recommend candidates to the Commission.

(3) (i) The appointment committee consists of:

1. one commissioner from Montgomery County;

2. one commissioner from Prince George’s County;

3. one member of the public selected by the Montgomery County Council; and

4. one member of the public selected by the Prince George’s County Council.

(ii) A member of the appointment committee who is a member of the public shall possess:

1. advanced education and experience in the management of governmental entities that are comparable to the Commission in scope and complexity;

2. demonstrated knowledge and experience in the application of:

A. generally accepted government auditing standards; and

B. internal control systems; and

3. an understanding of the appropriate functions of an appointment committee.

(iii) A member of the appointment committee who is a member of the public may possess demonstrated knowledge and experience in the application of:

1. sustainable financial management practices for public entities; and

2. public accountability.

(iv) A member of the appointment committee who is a member of the public may not have any other business or close personal relationships with the Commission or its officers, managers, or employees.

(4) (i) The appointment committee shall initially prepare a list of at least three and not more than six candidates to recommend for appointment as inspector general and submit the list to the Commission.

(ii) 1. If the Commission is unable to select an inspector general from the list prepared by the appointment committee, the appointment committee shall prepare one or more additional lists of recommended candidates as needed until the Commission makes a final appointment of an inspector general.

2. The additional lists prepared under this subparagraph may contain any number of candidates.

(5) (i) On completion of the final appointment of an inspector general, the appointment committee is terminated.

(ii) The Commission shall establish a new appointment committee whenever there is a vacancy in the position of inspector general.

(c) (1) The term of the inspector general is 5 years beginning on the date of appointment.

(2) An individual may not serve as inspector general for more than three terms.

(3) The inspector general may not participate in the merit system adopted by the Commission under Title 18, Subtitle 1 of this article, but:

(i) the inspector general may participate in any employee benefits program the Commission offers on the same terms and conditions as it is offered generally to an employee participating in the merit system; and

(ii) the Commission may offer to an individual appointed as inspector general any supplemental employee benefit programs the Commission determines are necessary to recruit and retain an employee who does not participate in the merit system.

(4) (i) The Commission may remove the inspector general by resolution adopted by the affirmative vote of not less than two of its three members from each county for neglect of duty, malfeasance, conviction of a felony, or other good cause.

(ii) Before the Commission may adopt a resolution of removal, the Commission or a designee of the Commission must hold a public hearing if the inspector general requests a hearing within 10 days after the inspector general receives notice of proposed removal from the Commission.

(5) The inspector general shall discharge the duties of office on a full–time basis and with no secondary employment of any nature during the inspector general’s term.

(d) (1) Subject to budget authorization, applicable law, and the personnel regulations of the Commission, the inspector general may select as subordinate staff of the Office one or more:

(i) temporary term employees who do not participate in the merit system adopted by the Commission under Title 18, Subtitle 1 of this article; and

(ii) other employees who participate in the merit system.

(2) Notwithstanding any provision of the personnel regulations to the contrary, an auditor, an accountant, an investigator, or a similar professional employee appointed as subordinate staff of the Office shall be subject to dismissal by the inspector general only for neglect of duty, malfeasance, conviction of a felony, or other good cause.

(e) Subject to budget authorization and the applicable procurement regulations, the inspector general may retain consultants by contract.
Md. Code, Business Occupations and Professions § 17-214 — MD Code / Article gbo / Title 17 / Subtitle 2 / Section 17-214
§17–214.
Status: in_force

The Commission exercises its powers, duties, and functions subject to the authority of the Secretary.
Md. Code, Alcoholic Beverages and Cannabis § 17-201 — MD Code / Article gab / Title 17 / Subtitle 2 / Section 17-201
§17–201.
Status: in_force

There is a Board of License Commissioners for Cecil County.
Md. Code, State Finance and Procurement § 17-901 — MD Code / Article gsf / Title 17 / Subtitle 9 / Section 17-901
§17–901.
Status: in_force

(a) In this section, “bus lane system operator” has the meaning stated in § 21–1133 of the Transportation Article.

(b) (1) If the City of Baltimore elects to designate a contractor to serve as the bus lane system operator for the City of Baltimore, the City of Baltimore shall issue a competitive request for proposals to select the contractor.

(2) If the Baltimore City Police Department elects to designate a contractor to administer and process civil citations issued under § 21–1134 of the Transportation Article, the City of Baltimore shall issue a competitive request for proposals to select the contractor.

(c) If the City of Baltimore issues a request for proposals under subsection (b) of this section, the City of Baltimore shall apply the relevant procurement preferences for minority and women’s business enterprises and consider the procurement participation goals regarding minority and women’s business enterprises in selecting a contractor.
Md. Code, Business Occupations and Professions § 17-511 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-511
§17–511.
Status: in_force

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

(2) “Business” means a person or entity, regardless of legal structure, through which real estate brokerage services are provided.

(3) (i) “Immediate family member” means a spouse, parent, child, or sibling.

(ii) “Immediate family member” includes a stepparent, stepchild, or stepsibling.

(4) “Interest in a business” means, in the case of a business that is in a corporation, the outstanding voting stock of the corporation through which real estate brokerage services are provided.

(b) (1) Not more than 50% of the interest in a business may be held directly or indirectly by associate real estate brokers, real estate salespersons, or any combination of associate brokers or salespersons.

(2) Unless the immediate family member is affiliated with the business as an associate real estate broker or real estate salesperson, an interest of a licensee in a business through which real estate brokerage services are provided shall include any interest in the business held by an immediate family member of the licensee.

(c) Except as to the limitation of interest of the professional service corporation in a business through which real estate brokerage services are provided, this section does not affect the formation of a professional service corporation by associate real estate brokers and real estate salespersons authorized by § 17–512 of this subtitle.
Md. Code, Commercial Law § 17-306.1 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-306.1
§17–306.
Status: in_force

§17–306.1.

(a) In this section, “returned as undeliverable” means returned by the U.S. Postal Service to the holder as undeliverable to the apparent owner.

(b) Property held in a pension account or retirement account that qualifies for tax deferral under the income tax provisions of the Internal Revenue Code is presumed abandoned if it is unclaimed by an apparent owner of the account after the later of:

(1) Subject to subsections (d) through (f) of this section, 3 years after:

(i) The date a first communication sent by the holder by first–class mail to the apparent owner is returned as undeliverable; or

(ii) The date a second communication sent by the holder by first–class mail to the apparent owner is returned as undeliverable, if the second communication is sent within 30 days after the date of the first communication under item (i) of this item is returned as undeliverable; or

(2) If applicable, the earlier of the following dates:

(i) 3 years after the date the apparent owner becomes 72 years old, if determinable by the holder; or

(ii) Subject to subsection (c) of this section, if the Internal Revenue Code requires distribution to avoid a tax penalty, 2 years after the date the holder:

1. Receives confirmation of the death of the apparent owner in the ordinary course of its business; or

2. Confirms the death of the apparent owner.

(c) For purposes of establishing a presumption of abandoned property under this section, if a holder in the ordinary course of its business receives notice or an indication of the death of an apparent owner and subsection (b)(2)(ii) of this section applies, the holder shall attempt not later than 90 days after receipt of the notice or indication to confirm whether the apparent owner is deceased.

(d) Subject to subsection (e) of this section, if the holder does not send communications to the apparent owner of an account by first–class mail as described in subsection (b) of this section, the holder shall attempt to confirm the apparent owner’s interest in the property by sending the apparent owner an e–mail not later than 2 years after the last indication of apparent owner interest in the property.

(e) The holder shall promptly attempt to contact the apparent owner by registered mail if:

(1) The holder does not have information needed to send the apparent owner an e–mail or the holder believes that the apparent owner’s e–mail address in the holder’s records is not valid;

(2) The holder receives notification that the e–mail was not received; or

(3) The apparent owner does not respond to the e–mail within 30 days after the holder sends the e–mail.

(f) (1) If the registered mail sent by the holder under subsection (e) of this section is returned as undeliverable:

(i) The registered mail shall constitute a first communication for purposes of subsection (b)(1)(i) of this section; and

(ii) The holder shall send a second communication to the apparent owner by first–class mail.

(2) (i) If the second communication under paragraph (1)(ii) of this subsection is returned as undeliverable within 30 days after sending the first communication under paragraph (1)(i) of this subsection, the date the second communication is returned as undeliverable shall constitute the date for purposes of subsection (b)(1)(ii) of this section.

(ii) If the second communication under paragraph (1)(ii) of this subsection is sent more than 30 days after the first communication under paragraph (1)(i) of this subsection is returned as undeliverable, the date the first communication is returned as undeliverable shall control for purposes of determining a date under subsection (b)(1) of this section.
Md. Code, Insurance § 17-103 — MD Code / Article gin / Title 17 / Subtitle 1 / Section 17-103
§17–103.
Status: in_force

An insurer that issues a policy to a creditor to insure debtors of the creditor shall provide to the creditor for delivery to each debtor insured under the policy a form that states that:

(1) the life of the debtor is insured under the policy; and

(2) a death benefit paid under the policy because of the debtor’s death shall be applied to reduce or extinguish the indebtedness.
Md. Code, Business Occupations and Professions § 17-319 — MD Code / Article gbo / Title 17 / Subtitle 3 / Section 17-319
§17–319.
Status: in_force

(a) In this section, “disability” means a total and permanent disability that renders a broker unable to perform real estate brokerage services.

(b) (1) Subject to paragraph (2) of this subsection and subsection (c) of this section, on the disability or death of a licensed real estate broker, any adult member of the family of the disabled or deceased broker may carry on the business of the disabled or deceased broker for up to 6 months for the purposes of closing and terminating the business.

(2) (i) A family member under paragraph (1) of this subsection may not carry on the business of a disabled or deceased licensed real estate broker until the death certificate or evidence of the disability has been provided to the Commission.

(ii) If a death certificate or evidence of disability is not provided to the Commission within a reasonable time, the business may designate another individual who is a licensed real estate broker to provide real estate brokerage services for the business under § 17–319.1 of this subtitle.

(c) To qualify to carry on the business of a disabled or deceased real estate broker, a family member shall:

(1) surrender the license certificate and pocket card of the disabled or deceased real estate broker to the Commission; and

(2) submit to the Commission any information or documentation required by the Commission.

(d) (1) The Commission shall reissue the license of a disabled or deceased real estate broker to a family member who qualifies to carry on the business of the broker under subsection (c) of this section.

(2) The term of the reissuance shall be 6 months.

(e) Before the end of the 6–month period for carrying on the business of a disabled or deceased real estate broker, an individual may qualify for the license of the disabled or deceased broker if:

(1) the individual is a member of the immediate family of the disabled or deceased broker;

(2) the individual has been continuously licensed as a real estate salesperson for the immediately preceding 3 years;

(3) regardless of whether the individual has met the educational requirements for a real estate broker license under § 17–305 of this subtitle, the individual passes the real estate broker’s examination under § 17–306 of this subtitle;

(4) the individual surrenders the real estate salesperson license certificate and pocket card of the individual to the Commission; and

(5) there has been compliance with the requirements of subsection (c) of this section.

(f) The Commission shall reissue the license of a disabled or deceased real estate broker to an individual who qualifies for the license of the broker under subsection (e) of this section.

(g) (1) An individual who qualifies for and is reissued the license of a disabled or deceased real estate broker may hold the license for up to 4 years from the time of reissuance without meeting the educational requirements for a real estate broker license under § 17–305 of this subtitle.

(2) Subject to the 4–year restriction under paragraph (1) of this subsection, an individual who has been reissued the license of a disabled or deceased real estate broker is responsible for renewing the license as required under § 17–314 of this subtitle.

(3) If an individual who has been reissued the license of a disabled or deceased real estate broker does not meet the educational requirements for a real estate broker license within the 4–year period, the license shall expire automatically at the end of that period.

(4) If an individual who has been reissued the license of a disabled or deceased real estate broker meets the educational requirements for a real estate broker license within the 4–year period, the individual may continue to hold the license and may renew the license under § 17–314 of this subtitle.
Md. Code, Environment § 17-307 — MD Code / Article gen / Title 17 / Subtitle 3 / Section 17-307
§17–307.
Status: in_force

A licensed marine contractor shall:

(1) Include the contractor’s marine contractor license number in all advertising related to the provision of marine contractor services; and

(2) Prominently display the contractor’s marine contractor license number on all large equipment used in the course of the licensee’s work as a marine contractor.
Md. Code, Environment § 17-304 — MD Code / Article gen / Title 17 / Subtitle 3 / Section 17-304
§17–304.
Status: in_force

The Board may not issue a license to an applicant whose trade or fictitious name or trademark is so similar to that used by another licensee that the public may be confused or misled by the similarity.
Md. Code, Housing and Community Development § 17-107 — MD Code / Article ghs / Title 17 / Subtitle 1 / Section 17-107
§17–107.
Status: in_force

(a) In addition to the powers listed elsewhere in this Division II, the Prince George’s Authority may:

(1) exercise all or any part of those powers to provide housing, housing rehabilitation, housing projects, integrally related commercial structures, and their financing for county residents;

(2) exercise other functions and responsibilities required by the county, including community development; and

(3) acquire and spend public money for any purpose authorized under this Division II, if the exercise of all powers of the Prince George’s Authority is in accordance with Prince George’s County law or a contract or contracts with Prince George’s County.

(b) As required by Prince George’s County, the Prince George’s Authority annually shall issue a financial report for the previous fiscal year based on a certified audit.

(c) Prince George’s County by local law may require the Prince George’s Authority to comply with budgetary, financial, personnel, and ethics procedures of the county.

(d) With the approval of the Prince George’s County governing body, the Prince George’s Authority within its area of operation also may:

(1) make construction loans and long-term mortgage loans to any person to produce housing under this title;

(2) buy and insure mortgages secured by such housing; and

(3) make or buy mortgage loans to help first-time homebuyers to buy existing homes, if:

(i) the first-time homebuyers:

1. are residents of the county;

2. qualify based on income limits established by the Prince George’s Authority with the approval of the county governing body; and

3. are buying housing determined to be decent, safe, and adequate according to standards adopted by the Prince George’s Authority; and

(ii) the Prince George’s Authority determines that income from the assistance program will cover the costs of the program.

(e) (1) With the approval of the Prince George’s County governing body, the Prince George’s Authority within its area of operation may finance housing, housing rehabilitation, a housing project, or a continuing care facility authorized by this title by issuing and selling the bonds of any type.

(2) Bonds that may be issued under this subsection include those on which the principal and interest are payable:

(i) only from the income and revenues of the housing project or continuing care facility that is financed with the proceeds of the bonds or with both those proceeds and a federal grant;

(ii) only from the income and revenues of designated housing projects whether or not they were financed wholly or partly with the proceeds of the bonds; or

(iii) from its revenues generally.

(3) A bond under this subsection may be secured by pledge of any revenue or a mortgage of a housing project, projects, or other property of the Prince George’s Authority.

(4) Bonds of the Prince George’s Authority may be sold at public or private sale in the manner and on the terms that are authorized by resolution of the Prince George’s Authority.

(f) This section does not preempt or supersede the regulatory authority of a State governmental unit under State law.
Md. Code, Estates and Trusts § 17-114 — MD Code / Article get / Title 17 / Subtitle 1 / Section 17-114
§17–114.
Status: in_force

(a) Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal but the agent is not entitled to compensation.

(b) If the principal indicates in the power of attorney that the agent is entitled to compensation, the agent may receive compensation based on what is reasonable under the circumstances or on another basis as set forth in the power of attorney.
Md. Code, Business Regulation § 17-919 — MD Code / Article gbr / Title 17 / Subtitle 9 / Section 17-919
§17–919.
Status: in_force

The clerk shall issue to each holder of a peddler license a metal tag that indicates that the license fee for the current year has been paid.
Md. Code, Public Utilities § 17-403 — MD Code / Article gpu / Title 17 / Subtitle 4 / Section 17-403
§17–403.
Status: in_force

(a) (1) Except as otherwise provided by this division, the Commission may adopt regulations to carry out the provisions of this division and any other laws the administration and enforcement of which are vested in the Commission.

(2) The Commission may:

(i) limit or regulate the use and supply of water service and sanitary sewer service on a temporary basis in any area or to any premises served by the Commission’s facilities, as the needs of the occasion and the protection of the Commission’s systems require;

(ii) adopt regulations that the Commission considers necessary for the public safety, health, comfort, or convenience in the construction, operation, maintenance, expansion, relocation, replacement, renovation, and repair of the Commission’s water system and sanitary sewer system; and

(iii) establish the forms of permits and specify the nature, type, and amount of information, detail, and engineering data that a person must submit to the Commission for any permit authorized or required by this division.

(b) Except for the immediate preservation of the public health and safety or for emergency provisions required to protect the Commission’s systems, the Commission shall publish a notice of any new regulation that is authorized by this section at least 30 days before its effective date in at least one newspaper of general circulation in each county of the sanitary district.

(c) A regulation adopted by the Commission under this section has the force and authority of law.
Md. Code, Business Occupations and Professions § 17-530.1 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-530.1
§17–530.
Status: in_force

§17–530.1.

(a) Except as otherwise provided in subsection (b) of this section, a licensed real estate broker, licensed associate real estate broker, or licensed real estate salesperson may not act as a dual agent in this State.

(b) (1) (i) If a licensed real estate broker obtains the written informed consent of all parties to a real estate transaction, the real estate broker, or a branch office manager described in § 17–518(d) of this subtitle who has been designated by the licensed real estate broker, may act as a dual agent for both the seller and the buyer or the lessor and the lessee in the same real estate transaction.

(ii) The dual agent in a real estate transaction shall assign a licensed associate real estate broker or licensed real estate salesperson affiliated with the real estate broker to act as the intra–company agent on behalf of the seller or lessor and another licensed associate real estate broker or licensed real estate salesperson affiliated with the real estate broker to act as the intra–company agent on behalf of the buyer or lessee.

(iii) 1. Except as otherwise required by this title and except to the dual agent, an intra–company agent may not disclose confidential information.

2. Except as otherwise required by this title, the dual agent may not disclose confidential information to the buyer or seller or the buyer’s or seller’s intra–company agent in the same real estate transaction.

(iv) If a real estate broker offers any financial bonuses to licensees affiliated with the broker for the sale or lease of real property listed with the real estate broker, the real estate broker shall provide to each party to a real estate transaction a statement that discloses that financial bonuses are offered.

(v) An intra–company agent representing the seller or buyer shall provide the same services to the client as an agent for the seller or buyer would provide in a real estate transaction that does not involve dual agency, including advising the client as to price and negotiation strategy, provided that the intra–company agent has made the appropriate disclosures to the client and the client has consented, as required by this section, to dual agency representation.

(vi) The provisions of the services specified in this subsection may not be construed to be a breach of duty of the licensee, provided that the licensee has complied with the duties specified in § 17–522 of this subtitle.

(vii) 1. A dual agent may not also act as an intra–company agent in the same real estate transaction.

2. An intra–company agent may not also act as a dual agent in the same real estate transaction.

(2) The written consent for dual agency shall include an affirmation that identifies the property and the buyer when the real estate broker or branch office manager is serving as a dual agent and the buyer and seller or lessee and lessor enter into a written contract for sale or for a lease, respectively.

(c) The written consent for dual agency shall include a statement that:

(1) the real estate broker receives compensation on the sale of a property listed only by the broker;

(2) as a dual agent the real estate broker represents both the seller and the buyer and there may be a conflict of interest because the interests of the seller and the buyer may be different or adverse;

(3) as a dual agent the real estate broker does not owe undivided loyalty to either the seller or the buyer;

(4) except as otherwise required by this title, a dual agent may not disclose confidential information to the buyer or seller in the same real estate transaction;

(5) unless authorized by the seller, neither an intra–company agent nor a dual agent may tell a buyer that the seller will accept a price lower than the listing price or accept terms other than those contained in the listing agreement or suggest that the seller accept a lower price in the presence of the buyer;

(6) unless authorized by the buyer, neither an intra–company agent nor a dual agent may tell a seller that the buyer is willing to pay a price higher than the price the buyer offered or accept terms other than those contained in the offer of the buyer or suggest that the buyer pay a higher price in the presence of the seller;

(7) a dual agent may not disclose the motivation of a buyer or seller or the need or urgency of a seller to sell or a buyer to buy;

(8) except as otherwise required by this title, if the information is confidential, a dual agent may not disclose any facts that lead the seller to sell;

(9) the buyer or seller does not have to consent to the dual agency;

(10) the buyer or seller has voluntarily consented to the dual agency; and

(11) the terms of the dual agency are understood by the buyer or seller.

(d) (1) A cause of action may not arise against a licensee for disclosure of the dual agency relationship as provided by this section.

(2) A dual agent does not terminate any brokerage relationship by making any required disclosure of dual agency.

(e) (1) In any residential real estate transaction, a licensed real estate broker may withdraw from representing a client who refuses to consent to a disclosed dual agency and to terminate the brokerage relationship with the client.

(2) The withdrawal may not prejudice the ability of the licensed real estate broker to continue to represent the other client in the transaction, nor to limit the licensed real estate broker from representing the client who refused the dual agency in other transactions not involving dual agency.
Md. Code, Alcoholic Beverages and Cannabis § 17-2004 — MD Code / Article gab / Title 17 / Subtitle 20 / Section 17-2004
§17–2004.
Status: in_force

(a) (1) A holder of a Class A beer license may sell beer:

(i) on Monday through Saturday from 6 a.m. to 2 a.m. the following day; and

(ii) subject to paragraph (2) of this subsection, on Sunday from 8 a.m. to 2 a.m. the following day.

(2) To sell beer on Sunday under paragraph (1)(ii) of this subsection, the license holder shall pay an additional fee of $500.

(b) (1) A holder of a Class B beer license may sell beer:

(i) on Monday through Saturday from 6 a.m. to 2 a.m. the following day; and

(ii) except as provided in paragraph (4) of this subsection and subject to paragraphs (2) and (3) of this subsection, on Sunday from 8 a.m. to 2 a.m. the following day.

(2) To sell beer on Sunday under paragraph (1)(ii) of this subsection, the license holder shall pay an additional fee of $500.

(3) Sales of beer for on–premises consumption may be conducted on Sunday under paragraph (1)(ii) of this subsection only by a licensed restaurant.

(4) The license holder may not sell beer at a bar or counter on Sunday.

(c) (1) A holder of a Class C beer license may sell beer for on–premises consumption:

(i) on Monday through Saturday from 6 a.m. to 2 a.m. the following day; and

(ii) except as provided in paragraph (2) of this subsection, on Sunday from 8 a.m. to 2 a.m. the following day.

(2) The license holder may not sell beer at a bar or counter on Sunday.

(d) (1) A holder of a Class D beer license may sell beer:

(i) on Monday through Saturday from 6 a.m. to 2 a.m. the following day; and

(ii) subject to paragraphs (2) and (3) of this subsection, on Sunday from 1 p.m. to 10 p.m.

(2) To sell beer on Sunday under paragraph (1)(ii) of this subsection, the license holder shall pay an additional fee of $500.

(3) Sales of beer for on–premises consumption may be conducted on Sunday under paragraph (1)(ii) of this subsection only by a licensed restaurant.
Md. Code, Health - General § 17-2A-10 — MD Code / Article ghg / Title 17 / Subtitle 2A / Section 17-2A-10
§17–2A–10.
Status: in_force

(a) In this section, “discriminate or retaliate” includes:

(1) Failing to promote an individual or to provide another employment–related benefit for which the individual would otherwise be eligible;

(2) Making an adverse evaluation or decision in relation to accreditation, certification, credentialing, or licensing of the individual; or

(3) Taking a personnel action that is adverse to the individual concerned.

(b) An employee who works in a forensic laboratory may disclose information to the Secretary that the employee believes evidences a violation of standards and requirements for forensic laboratories in the State.

(c) A forensic laboratory may not discriminate or retaliate against an employee because the employee:

(1) Discloses information under subsection (b) of this section; or

(2) Has agreed to cooperate with an investigation of the forensic laboratory.

(d) (1) The Secretary shall develop, through regulation, a document that informs the employees of a forensic laboratory of the procedures to report instances of noncompliance or other violations of the standards and requirements for forensic laboratories in the State.

(2) The Secretary shall distribute the document developed under paragraph (1) of this subsection to forensic laboratories in the State.

(e) A forensic laboratory shall post the document developed under subsection (d) of this section in a conspicuous place.

(f) An employee of a forensic laboratory who has been discriminated or retaliated against in violation of subsection (c) of this section may initiate an action and, on prevailing, shall be entitled to:

(1) Reinstatement;

(2) Reimbursement for lost wages;

(3) Work benefits lost as a result of the unlawful acts of the employing laboratory; and

(4) Reasonable attorney’s fees and costs associated with pursuing the action.

(g) No action may be brought under this subsection more than 2 years after the discrimination or retaliation that is the basis for the action.
Md. Code, Health - General § 17-502 — MD Code / Article ghg / Title 17 / Subtitle 5 / Section 17-502
§17–502.
Status: in_force

(a) Except as provided under subsection (b) of this section and § 17-503 of this subtitle, a person shall obtain a permit from the Department before:

(1) Offering to provide a test to detect the amount of cholesterol in an individual’s blood; and

(2) Conducting the cholesterol test outside a permanently located medical laboratory issued a permit or excepted from a permit under Subtitle 2 of this title.

(b) A cholesterol testing permit is not required under this subtitle for a medical laboratory that:

(1) Is licensed under Subtitle 2 of this title; and

(2) As set forth in the license, provides tests or services in the discipline of chemistry or health awareness.
Md. Code, Business Regulation § 17-1005 — MD Code / Article gbr / Title 17 / Subtitle 10 / Section 17-1005
§17–1005.
Status: in_force

(a) (1) Except as otherwise provided in this subtitle, a person must have a junk dealer or scrap metal processor license whenever the person does business as a junk dealer or scrap metal processor in the State.

(2) This subsection does not apply to a situation in which:

(i) a nonresident junk dealer or nonresident scrap metal processor buys junk or scrap metal from a junk dealer or scrap metal processor licensee who is a resident of the State; or

(ii) the nonresident junk dealer or nonresident scrap metal processor transports that junk or scrap metal.

(3) If a nonresident junk dealer or nonresident scrap metal processor comes into the State in a vehicle, the nonresident junk dealer or nonresident scrap metal processor may not transport from the State in that vehicle any junk or scrap metal bought in the State unless the nonresident junk dealer or nonresident scrap metal processor holds a junk dealer or scrap metal processor license.

(b) (1) Except as otherwise provided in this subtitle, a person must have an agent license whenever the person acts as an agent in the State.

(2) This subsection does not apply to a salaried employee of a junk dealer or scrap metal processor licensee.
Md. Code, Business Regulation § 17-2103 — MD Code / Article gbr / Title 17 / Subtitle 21 / Section 17-2103
§17–2103.
Status: in_force

A person may not fail to display a license, license sticker, or metal tag as required by this title.
Md. Code, Health - General § 17-103 — MD Code / Article ghg / Title 17 / Subtitle 1 / Section 17-103
§17–103.
Status: in_force

(a) Except as otherwise provided, the Secretary may set a fee for any service of a public health and clinical laboratory in accordance with § 2–104 of this article.

(b) Except as provided in subsection (c) of this section, the Secretary may not impose any fee for any service of a public health and clinical laboratory in connection with:

(1) An examination or analysis of a water supply;

(2) An examination or analysis of milk; or

(3) An inquiry that any health officer or physician makes about a communicable disease.

(c) Subsection (b)(2) of this section does not apply to the production of farmstead cheese.
Md. Code, Health - General § 17-2A-12 — MD Code / Article ghg / Title 17 / Subtitle 2A / Section 17-2A-12
§17–2A–12.
Status: in_force

(a) The Governor shall establish a Forensic Laboratory Advisory Committee to advise the Secretary on matters relating to the implementation of the provisions of this subtitle.

(b) The Advisory Committee shall consist of the following 10 members:

(1) The Director of the Laboratories Administration in the Department, or the Director’s designee;

(2) The Director of the Office of Health Care Quality in the Department, or the Director’s designee; and

(3) The following members, appointed by the Governor:

(i) One from the American Society for Clinical Laboratory Science;

(ii) One from the University of Maryland School of Medicine, Department of Medical Research and Technology;

(iii) One from the American Association for Laboratory Accreditation;

(iv) One from the American Academy of Forensic Sciences;

(v) One from the ANSI–ASQ National Accreditation Board; and

(vi) Three directors of forensic laboratories in the State, including:

1. One from a forensic laboratory operated by the State;

2. One from a forensic laboratory operated by a county; and

3. One from a forensic laboratory operated by a municipal corporation.

(c) (1) The term of an appointed member is 3 years.

(2) The terms of appointed members are staggered as required by the terms provided for appointed members of the Advisory Committee on October 1, 2007.

(d) The Governor shall designate the chair of the Advisory Committee.

(e) A majority of the members serving on the Advisory Committee represents a quorum to conduct business.

(f) A member of the Advisory Committee may not receive compensation but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(g) The Department shall provide staff for the Advisory Committee.
Md. Code, Criminal Procedure § 17-103 — MD Code / Article gcp / Title 17 / Subtitle 1 / Section 17-103
§17–103.
Status: in_force

(a) A defendant in a criminal case charged with a crime of violence under § 14–101 of the Criminal Law Article or a defendant convicted of a crime of violence under § 14–101 of the Criminal Law Article and seeking postconviction DNA testing is entitled to seek judicial authorization for an FGGS by filing an affidavit with a trial court or postconviction court certifying that:

(1) the forensic sample to be subjected to the FGGS is biological material reasonably believed to have been deposited by a putative perpetrator and collected from:

(i) a crime scene;

(ii) a person, an item, or a location connected to the criminal event; or

(iii) the unidentified human remains of a suspected homicide victim;

(2) an STR DNA profile has already been developed from the forensic sample, was entered into the State DNA database system and the national DNA database system, and failed to identify a known individual;

(3) biological samples subjected to FGG DNA analysis, whether the forensic sample or third party reference samples, will not be used to determine the sample donor’s genetic predisposition for disease or any other medical condition or psychological trait;

(4) an FGGS shall only be conducted using a direct–to–consumer or publicly available open–data personal genomics database that:

(i) provides explicit notice to its service users and the public that law enforcement may use its service sites to investigate crimes or to identify human remains; and

(ii) seeks acknowledgment and express consent from its service users regarding the substance of the notice described in item (i) of this item;

(5) the laboratory conducting SNP or other sequencing–based testing, and the genetic genealogist participating in the FGGS, are licensed by the Office of Health Care Quality in accordance with § 17–104 of this title; and

(6) (i) informed consent in writing shall be obtained from any third party whose DNA sample is sought for the purpose of assisting an FGGS and all requirements described in § 17–102(f)(1) through (3) of this title are satisfied; and

(ii) if the third party does not consent to providing a reference sample for an FGGS investigation, neither defense nor postconviction counsel, nor anyone acting on their behalf, may covertly collect a reference sample from the third party.

(b) (1) If defense or postconviction counsel determines that one or more persons are putative perpetrators of the crime under investigation and it is necessary to collect a covert DNA sample from the putative perpetrator or a third party:

(i) the authorizing court shall be notified prior to the covert collection of the putative perpetrator’s or the third party’s reference sample;

(ii) subject to paragraph (2) of this subsection, for a covert collection of a DNA sample of a third party, investigative authorities shall provide an affidavit to the court demonstrating that seeking informed consent from a third party creates substantial risk that a putative perpetrator will flee, that essential evidence will be destroyed, or that other imminent or irreversible harm to the investigation will occur;

(iii) counsel shall make a proffer to the court explaining how counsel plans to conduct the covert collection in a manner that avoids unduly intrusive surveillance of individuals or invasions to their privacy and follows the laws of the State;

(iv) for a covert collection of a DNA sample of a putative perpetrator, any putative perpetrator DNA sample that is collected covertly may only be subjected to an STR test to see if it matches an STR DNA profile obtained from a forensic sample;

(v) any covertly collected DNA sample, including SNPs and other genetic profiles or related information, that does not match the STR DNA profile obtained from a forensic sample shall be destroyed and may not be uploaded to any DNA database, including local, state, or federal DNA databases within CODIS, or any DNA database not authorized by local, state, or federal statute; and

(vi) 1. defense or postconviction counsel conducting the covert collection shall report back to the authorizing court every 30 days about the progress of the covert collection and shall make a proffer about future plans in accordance with item (iii) of this paragraph; and

2. without good cause shown, covert collection efforts to obtain a sample shall cease after 6 months.

(2) The fear that a third party will refuse informed consent may not constitute a basis for seeking covert collection of a DNA sample from the third party.

(3) Any individual acting under court supervision in accordance with this subsection shall be treated as an agent of the State for purposes of enforcing State and federal constitutional protections.

(c) (1) The State shall be notified that an application for judicial authorization to conduct an FGGS has been made by defense or postconviction counsel and a copy of the application shall be served on the State at the time the application is filed unless the applicant is also requesting permission from the court to redact certain portions of the application.

(2) Once a court has ruled on the motion for redactions, a copy of the application shall be served on the State within 5 days of receipt of the court order.

(3) The authorizing court shall ensure that the State is informed of the progress of the FGGS unless defense counsel or postconviction counsel can show good cause as to why that information may not be disclosed.

(d) The provisions of § 17–102(h) through (k) of this title apply to any FGGS conducted by defense or postconviction counsel.

(e) A court considering an application for an FGGS from a criminal defendant shall issue the order on a showing that testing has the scientific potential to produce exculpatory or mitigating evidence and the defendant has complied with all other requirements of this section.

(f) A court order issued in accordance with subsection (e) of this section shall incorporate all certifications made in subsections (a) through (c) of this section and may describe the specific items of evidence to be tested, designate the specific laboratory facility to be used for the DNA testing, and designate the conditions under which consumptive testing can occur.
Md. Code, Business Occupations and Professions § 17-527.1 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-527.1
§17–527.
Status: in_force

§17–527.1.

(a) This section applies to a real estate broker who purchases errors and omissions insurance that provides coverage to the associate real estate brokers and the real estate salespersons who are affiliated with or employed by the real estate broker.

(b) A real estate broker shall provide immediate notice of a discontinuance of the broker’s errors and omissions insurance to those associate real estate brokers and real estate salespersons who were covered under the broker’s policy.
Md. Code, Health - General § 17-510 — MD Code / Article ghg / Title 17 / Subtitle 5 / Section 17-510
§17–510.
Status: in_force

(a) Except as otherwise provided in this title, a person may not offer cholesterol testing in this State unless the person holds a permit from the Secretary.

(b) The permit is not transferable.
Md. Code, Business Regulation § 17-907 — MD Code / Article gbr / Title 17 / Subtitle 9 / Section 17-907
§17–907.
Status: in_force

(a) (1) An applicant for a peddler license shall pay to the clerk the applicable license fee.

(2) If the applicant is a foot peddler, the license fee is:

(i) in Baltimore City, $200;

(ii) in St. Mary’s County, the amount set by the County Commissioners, by resolution; and

(iii) in any other county, $100.

(3) If the applicant is a one–horse peddler, the license fee is:

(i) in Baltimore City, $250;

(ii) in St. Mary’s County, the amount set by the County Commissioners, by resolution; and

(iii) in any other county, $150.

(4) If the applicant is a two–horse peddler, the license fee is:

(i) in Baltimore City, $300;

(ii) in St. Mary’s County, the amount set by the County Commissioners, by resolution; and

(iii) in any other county, $200.

(5) If the applicant is a motor vehicle peddler, the license fee is:

(i) in Baltimore City, $500;

(ii) in St. Mary’s County, the amount set by the County Commissioners, by resolution; and

(iii) in any other county, $300; but

1. in Garrett County, the license fee is $100 for a resident of Garrett County; and

2. in Worcester County, the license fee is $100 for a resident of Worcester County who sells only ice cream.

(b) (1) In Harford County, an applicant for a peddler license must have the written permission of the owner or lessee of the property where the applicant will do business.

(2) The written permission shall include:

(i) the name, address, and telephone number of the owner or lessee of the property;

(ii) the name, permanent address, and telephone number of the applicant;

(iii) a description of the goods to be sold by the applicant; and

(iv) the times of day and the number of days per month that the applicant is allowed to do business on the property of the owner or lessee.
Md. Code, Land Use § 17-201 — MD Code / Article glu / Title 17 / Subtitle 2 / Section 17-201
§17–201.
Status: in_force

(a) The State or the Commission, as appropriate, shall hold any land acquired under this division to which it takes title:

(1) for the general benefit of the residents of the State; and

(2) especially for the benefit of the residents in the metropolitan district.

(b) Without the approval of the Commission by resolution:

(1) title to the land may not be conveyed by the State; or

(2) public use may not be terminated.
Md. Code, Health Occupations § 17-514 — MD Code / Article gho / Title 17 / Subtitle 5 / Section 17-514
§17–514.
Status: in_force

For reasons the Board considers sufficient, and on the affirmative vote of a majority of its members then serving, the Board may:

(1) Reinstate a license or certificate that has been revoked;

(2) Reduce the period of a suspension or probation; or

(3) Withdraw a reprimand.
Md. Code, Education § 17-403 — MD Code / Article ged / Title 17 / Subtitle 4 / Section 17-403
§17–403.
Status: in_force

The Commission shall provide assistance with applying for grants under this subtitle to institutions of higher education that are required under § 6–123 of this article to seek grant funding to increase the quality and diversity of applicants for the institution’s teacher training program.
Md. Code, Insurance § 17-308 — MD Code / Article gin / Title 17 / Subtitle 3 / Section 17-308
§17–308.
Status: in_force

Each policy of group life insurance shall contain a provision that requires the insurer to issue to the policyholder, for delivery to each insured, an individual certificate that states:

(1) the insurance protection to which the insured is entitled;

(2) each person to whom the insurance benefits are payable; and

(3) the rights and conditions set forth in § 17–102 of this title and §§ 17–309 through 17–311 of this subtitle.
Md. Code, Business Regulation § 17-101 — MD Code / Article gbr / Title 17 / Subtitle 1 / Section 17-101
§17–101.
Status: in_force

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

(b) “Executive Director” means the Executive Director of the Alcohol, Tobacco, and Cannabis Commission.

(c) “Goods” means tangible personal property, items of trade, merchandise, or other types of products sold at wholesale or retail.

(d) “License” means a license issued under this title.

(e) (1) “Sale” means the exchange or transfer, or the agreement to change or transfer, title or possession of goods in any manner for consideration.

(2) “Sale” includes barter.

(f) “Sell” includes barter.

(g) “Stock–in–trade” means:

(1) goods held for sale and reported as inventory on the Business Personal Property Tax Return filed with the State Department of Assessments and Taxation; or

(2) except for alcoholic beverages, goods held for sale and reported as inventory on the Business Personal Property Tax Return filed with the State Department of Assessments and Taxation for determining the valuation of a trader’s license under Subtitle 18 of this title.

(h) “Trader” means a person who operates a room or other place of business for selling goods, including goods sold at auction.

(i) “Trader’s license” means a license issued by the clerk to do business as a trader.
Md. Code, Business Occupations and Professions § 17-610 — MD Code / Article gbo / Title 17 / Subtitle 6 / Section 17-610
§17–610.
Status: in_force

A person may not submit to the Commission any notice, statement, or other document under Subtitle 4 of this title that a person knows to be false or to contain any material misstatement of fact.
Md. Code, Alcoholic Beverages and Cannabis § 17-205 — MD Code / Article gab / Title 17 / Subtitle 2 / Section 17-205
§17–205.
Status: in_force

(a) (1) The Board may employ one full–time inspector and as many part–time inspectors as the Board considers necessary.

(2) The employment of the inspectors is subject to the County Personnel Policy and Procedure Manual.

(b) An individual may not accept appointment or continue as an inspector if the individual or a member of the individual’s immediate family has a personal or financial interest directly or indirectly in a license or in a premises licensed under this article.

(c) An inspector:

(1) has all the powers of a peace officer or sheriff in the State arising out of or relating to the enforcement of this article; and

(2) may serve a summons under § 17–2603 of this title.

(d) An inspector shall:

(1) investigate all applicants for a license or transfer of a license;

(2) visit and inspect at unannounced times every licensed premises in the county at least once every 90 days;

(3) enforce all alcoholic beverages laws;

(4) investigate all violations of the alcoholic beverages laws and report them to the Board; and

(5) submit monthly reports in writing to the Board of the inspector’s activities, setting forth complaints and listing violations that the inspector observed or were reported to the inspector.

(e) An inspector shall take the oath required by Article I, § 9 of the Maryland Constitution.

(f) The salaries and travel expenses of the inspectors shall be established by the County Commissioners using county personnel department regulations and guidelines.
Md. Code, Business Occupations and Professions § 17-537 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-537
§17–537.
Status: in_force

(a) A nonresident real estate broker may engage in a transaction under this title with respect to commercial real estate located in this State and receive compensation provided the nonresident real estate broker:

(1) provides real estate brokerage services through a real estate broker licensed under this title;

(2) enters into a written agreement with a licensed real estate broker in this State which:

(i) specifies the terms of cooperation and compensation and includes a statement by the nonresident real estate broker that the nonresident real estate broker and the nonresident real estate salespersons licensed and affiliated with the nonresident real estate broker will both adhere to the laws of this State and this title; and

(ii) allocates the responsibility for the actions of the nonresident real estate broker in the transaction; and

(3) complies with the requirements of subsection (b) of this section.

(b) Before a nonresident real estate broker may provide real estate brokerage services in this State, the nonresident real estate broker shall make written application to the Commission including:

(1) the name, address, and telephone number of the nonresident real estate broker;

(2) the name, address, and telephone number of the business entity through which the nonresident real estate broker provides real estate brokerage services;

(3) the name, address, and telephone number of each nonresident real estate salesperson who will offer or provide real estate brokerage services in this State on behalf of the nonresident real estate broker;

(4) a copy of the agreement required by subsection (a) of this section;

(5) written evidence that the nonresident real estate broker and each nonresident real estate salesperson listed under paragraph (3) of this subsection, are duly licensed in another jurisdiction, and that the license is valid, current, and active;

(6) written consent signed by the nonresident real estate broker, individually and on behalf of the business entity, and by each nonresident real estate salesperson listed under paragraph (3) of this subsection, that service of process on the Executive Director of the Commission shall bind the applicant in any action, suit, or proceeding brought against the broker or salesperson;

(7) written consent signed by the nonresident real estate broker and by each nonresident salesperson listed under paragraph (3) of this subsection, to submit to the jurisdiction of the Commission for the purposes of disciplinary action under § 17-322 of this title;

(8) any other information that is requested by the Commission; and

(9) a temporary license fee of $45.

(c) The Commission shall issue a temporary license to a nonresident real estate broker who complies with the requirements of this section if the jurisdiction in which the real estate broker holds a current license:

(1) allows a Maryland broker to obtain a temporary license under similar circumstances; or

(2) waives the examination and qualification requirements for licensure for individuals licensed in Maryland.
Md. Code, Commercial Law § 17-323 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-323
§17–323.
Status: in_force

(a) (1) A person who fails to pay or deliver abandoned property to the Administrator as required by this title shall pay a penalty equal to 15% of the value of the property.

(2) If a person fails to file any report or refuses to deliver property to the Administrator as required by this title, the Administrator may bring an action in a court of appropriate jurisdiction to require the filing of the report and to enforce delivery of the property.

(b) A person who willfully fails to render any report or perform any other duty required by this subtitle is subject to a fine of $100 for each day the report is withheld, but not more than $5,000.

(c) In addition to the provisions of subsection (a) of this section, a person who willfully refuses to pay or deliver abandoned property to the Administrator as required by this subtitle is subject to a fine of not less than $500 nor more than $5,000 or imprisonment for not more than six months or both.

(d) The Administrator may waive any penalty required under this section.
Md. Code, Business Regulation § 17-305 — MD Code / Article gbr / Title 17 / Subtitle 3 / Section 17-305
§17–305.
Status: in_force

(a) (1) Except as otherwise provided in this title, a license is effective on May 1.

(2) Whenever a person begins business after May 31, the clerk shall issue a license that is effective on the date of issuance.

(b) Except as otherwise provided in this title, a license expires on the first April 30 after its effective date.
Md. Code, Alcoholic Beverages and Cannabis § 17-1306 — MD Code / Article gab / Title 17 / Subtitle 13 / Section 17-1306
§17–1306.
Status: in_force

(a) There is a beer, wine, and liquor tasting license.

(b) The Board may issue the license to a holder of a Class A or Class B beer, wine, and liquor license.

(c) (1) The license authorizes the holder to allow on–premises consumption of beer, wine, and liquor for tasting.

(2) The license may be issued for a maximum of:

(i) any 26 days in a licensing period;

(ii) any 52 days in a licensing period; or

(iii) an entire licensing period.

(3) If a license holder is issued a license for any 26 days in a licensing period or any 52 days in a licensing period, the license holder shall notify the Board at least 7 days before exercising the privileges of the license.

(d) An individual may consume beer, wine, or liquor covered by the license in a quantity of not more than:

(1) 1 ounce from each offering of beer or wine; and

(2) one–half ounce from each offering of liquor.

(e) In addition to the cost of a Class A or Class B beer, wine, and liquor license, the license fee is:

(1) $125 for a 26–day license;

(2) $200 for a 52–day license; and

(3) $400 for a 1–year license.
Md. Code, Insurance § 17-303 — MD Code / Article gin / Title 17 / Subtitle 3 / Section 17-303
§17–303.
Status: in_force

Each policy of group life insurance shall contain a provision that:

(1) the policy is incontestable, except for nonpayment of premiums, after the policy has been in force for 2 years after its date of issue; and

(2) a statement made by an insured under the policy about insurability may not be used to contest the validity of the insurance as to which the statement was made unless:

(i) the insurance has been in force before the contest for less than 2 years during the insured’s lifetime; and

(ii) the statement is in writing and signed by the insured.
Md. Code, Health - General § 17-312 — MD Code / Article ghg / Title 17 / Subtitle 3 / Section 17-312
§17–312.
Status: in_force

(a) A person may not operate a tissue bank in this State unless the person holds a permit issued by the Secretary.

(b) A permit holder may not offer or perform any class of service of a tissue bank that is not authorized by the permit.
Md. Code, Business Occupations and Professions § 17-412 — MD Code / Article gbo / Title 17 / Subtitle 4 / Section 17-412
§17–412.
Status: in_force

(a) If the Commission orders payment by the Guaranty Fund of a claim based on an act or omission for which a licensee is responsible, the Commission immediately and without further proceedings shall suspend the license of the licensee.

(b) The Commission may not reinstate a license that is suspended under this section until the individual whose license was suspended:

(1) repays in full:

(i) the amount paid by the Guaranty Fund; and

(ii) the interest due under § 17-411(a)(2) of this subtitle; and

(2) applies to the Commission for reinstatement of the license.

(c) Regardless of whether the disciplinary sanction was imposed for the same act or omission that gave rise to the claim against the Guaranty Fund, the reimbursement of the Guaranty Fund by a licensee does not affect any sanction imposed by the Commission against an individual under the disciplinary provisions of Subtitle 3 of this title.
Md. Code, Business Occupations and Professions § 17-324 — MD Code / Article gbo / Title 17 / Subtitle 3 / Section 17-324
§17–324.
Status: in_force

(a) Except as otherwise provided in § 10-226 of the State Government Article, before the Commission takes any final action under § 17-322 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Commission or, as provided under § 17-326 of this subtitle, a hearing board.

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

(c) In connection with any proceeding under this section, the following individuals may administer oaths:

(1) a member of the Commission;

(2) the executive director of the Commission; and

(3) the assistant director of the Commission.

(d) (1) At least 10 days before the hearing, the hearing notice to be given to the individual shall be:

(i) served personally on the individual; or

(ii) sent by certified mail to the last known business address of the individual.

(2) If the individual is an associate real estate broker or a real estate salesperson, at least 10 days before the hearing, the Commission shall give notice of the hearing to each real estate broker with whom the associate real estate broker or the real estate salesperson is affiliated by sending notice by certified mail to the last known business address of the real estate broker.

(e) The individual may be represented at the hearing by counsel.

(f) If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Commission may hear and determine the matter.
Md. Code, Business Regulation § 17-1806 — MD Code / Article gbr / Title 17 / Subtitle 18 / Section 17-1806
§17–1806.
Status: in_force

(a) On or before December 1 each year, the governing body of a county or municipal corporation may select a uniform license fee for a trader’s license under § 17–1807(b) of this subtitle by submitting its selection on a form provided by the Comptroller and the State Department of Assessments and Taxation.

(b) A selection by the governing body of a county or municipal corporation under this section is irrevocable.
Md. Code, State Finance and Procurement § 17-602 — MD Code / Article gsf / Title 17 / Subtitle 6 / Section 17-602
§17–602.
Status: in_force

(a) There is a State Apprenticeship Training Fund in the Department.

(b) The Fund consists of:

(1) payments made by contractors or subcontractors in accordance with this subtitle and Subtitle 6A of this title;

(2) penalties collected as a result of violations of this subtitle and Subtitle 6A of this title; and

(3) penalties collected as a result of violations of Title 14, Subtitle 8 of this article.

(c) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of this article.

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

(e) The Secretary shall use money in the fund to:

(1) promote preapprenticeship programs and other workforce development programs in the State’s public secondary schools and community colleges that assist students in preparing for and entering apprenticeship training programs; and

(2) pay any costs associated with carrying out the provisions of this subtitle and Subtitle 6A of this title or Title 14, Subtitle 8 of this article.
Md. Code, Business Regulation § 17-909 — MD Code / Article gbr / Title 17 / Subtitle 9 / Section 17-909
§17–909.
Status: in_force

(a) A peddler license authorizes the holder to act as a peddler only in the county where the peddler license is issued.

(b) In Harford County, a peddler may not sell goods on:

(1) a county right-of-way; or

(2) a State right-of-way, unless the peddler gets a lease agreement from the appropriate State unit.
Md. Code, Alcoholic Beverages and Cannabis § 17-1504 — MD Code / Article gab / Title 17 / Subtitle 15 / Section 17-1504
§17–1504.
Status: in_force

(a) The fees for the issuance of a new license are:

(1) $1,000 for any class of beer license;

(2) $2,000 for any class of beer and wine license; and

(3) $3,000 for any class of beer, wine, and liquor license.

(b) The fees required under subsection (a) of this section are in addition to the regular annual fee required under this title.
Md. Code, Business Occupations and Professions § 17-401 — MD Code / Article gbo / Title 17 / Subtitle 4 / Section 17-401
§17–401.
Status: in_force

This subtitle does not limit the authority of the Commission to take:

(1) any action against a licensee under the disciplinary provisions of Subtitle 3 of this title; or

(2) any other action authorized under this title.
Md. Code, Health Occupations § 17-6A-22 — MD Code / Article gho / Title 17 / Subtitle 6A / Section 17-6A-22
§17–6A–22.
Status: in_force

(a) Except as provided in this section for an action under § 17–6A–19 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.

(b) Any person aggrieved by a final decision of the Board under § 17–6A–19 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided by the Administrative Procedure Act.

(c) A decision of the Board to deny a license, enforce a suspension of a license for more than 1 year, or revoke a license may not be stayed pending judicial review.
Md. Code, Alcoholic Beverages and Cannabis § 17-401 — MD Code / Article gab / Title 17 / Subtitle 4 / Section 17-401
§17–401.
Status: in_force

(a) The following sections of Title 2, Subtitle 2 (“Manufacturer’s Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 2–201 (“Issuance by Comptroller”);

(2) § 2–202 (“Class 1 distillery license”);

(3) § 2–203 (“Class 9 limited distillery license”);

(4) § 2–204 (“Class 2 rectifying license”);

(5) § 2–205 (“Class 3 winery license”);

(6) § 2–206 (“Class 4 limited winery license”);

(7) § 2–207 (“Class 5 brewery license”);

(8) § 2–208 (“Class 6 pub–brewery license”);

(9) § 2–210 (“Class 8 farm brewery license”);

(10) § 2–211 (“Residency requirement”);

(11) § 2–212 (“Additional licenses”);

(12) § 2–213 (“Additional fees”);

(13) § 2–214 (“Sale or delivery restricted”);

(14) § 2–215 (“Beer sale on credit to retail dealer prohibited”);

(15) § 2–216 (“Interaction between manufacturing entities and retailers”);

(16) § 2–217 (“Distribution of alcoholic beverages — Prohibited practices”); and

(17) § 2–218 (“Restrictive agreements between producers and retailers — Prohibited”).

(b) Section 2–209 (“Class 7 micro–brewery license”) applies in the county, subject to § 17–403 of this subtitle.
Md. Code, Commercial Law § 17-203 — MD Code / Article gcl / Title 17 / Subtitle 2 / Section 17-203
§17–203.
Status: in_force

As to any claim made because of action taken in accordance with an agreement made under this subtitle:

(1) This State consents to suit by any claimant against the federal government; and

(2) Any defense of the federal government is available to this State.
Md. Code, Commercial Law § 17-305 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-305
§17–305.
Status: in_force

All tangible or intangible personal property distributable on forfeiture of the charter or voluntary dissolution of a business association, banking organization, or financial organization organized under the laws of this State, that is unclaimed by the owner 60 days after the date of final distribution, is presumed abandoned.
Md. Code, Business Regulation § 17-1703 — MD Code / Article gbr / Title 17 / Subtitle 17 / Section 17-1703
§17–1703.
Status: in_force

(a) The owner or operator of a micro market may secure the product and premises of a micro market by use of video surveillance that:

(1) operates 24 hours per day, 7 days per week;

(2) records consumers viewing, selecting, handling, and purchasing products from the micro market; and

(3) provides sufficient resolution to identify consumers described in item (2) of this subsection.

(b) (1) A video surveillance recording made under subsection (a) of this section shall be maintained by the owner for 14 days after the date of the video surveillance recording.

(2) The owner or operator of a micro market shall make a video surveillance recording available for inspection by the Comptroller or any other regulatory or law enforcement agency:

(i) on the request of the Comptroller or the regulatory or law enforcement agency; and

(ii) within 24 hours from the time the request is received by the owner or operator.
Md. Code, Insurance § 17-202 — MD Code / Article gin / Title 17 / Subtitle 2 / Section 17-202
§17–202.
Status: in_force

(a) Subject to the requirements of this section, a policy may be issued to a labor union, or similar employee organization, which shall be deemed to be the policyholder, to insure members of the union or organization for the benefit of persons other than the union or organization or any of its officials, representatives, or agents.

(b) The members eligible for insurance under the policy shall be all of the members of the union or organization, or all of any class or classes of members.

(c) (1) The premium for the policy shall be paid either from funds of the union or organization, or from funds contributed by the insured members specifically for their insurance, or from both.

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

(3) An insurer may exclude or limit the coverage on any person as to whom evidence of individual insurability is not satisfactory to the insurer.
Md. Code, Health - General § 17-307 — MD Code / Article ghg / Title 17 / Subtitle 3 / Section 17-307
§17–307.
Status: in_force

(a) An applicant for a permit shall submit an application to the Secretary on the form that the Secretary requires.

(b) (1) An application for a permit to operate a tissue bank shall include:

(i) The name of the owner;

(ii) The classes of services that the tissue bank would provide; and

(iii) Any other information that the Secretary requires.

(2) An application for a permit to represent or service a tissue bank shall include satisfactory evidence that the tissue bank to be represented or serviced and its director meet the requirements that the Secretary adopts under this subtitle.
Md. Code, Business Occupations and Professions § 17-3A-09 — MD Code / Article gbo / Title 17 / Subtitle 3A / Section 17-3A-09
§17–3A–09.
Status: in_force

(a) A person that holds a reciprocal license shall promptly notify the Commission if the person establishes a principal place of business for the provision of real estate brokerage services in the State.

(b) A person that holds a reciprocal license shall obtain a standard license under the licensing provisions of this title within 90 days after establishing a principal place of business in the State.
Md. Code, Health Occupations § 17-504 — MD Code / Article gho / Title 17 / Subtitle 5 / Section 17-504
§17–504.
Status: in_force

(a) (1) A license or certificate expires on the date set by the Board, unless the license or certificate is renewed for an additional term as provided in this section.

(2) A license or certificate may not be renewed for a term longer than 2 years.

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

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

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

(3) The amount of the renewal fee.

(c) Each licensee or certificate holder shall notify the Board of any change in the address of the licensee or certificate holder.

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

(1) Otherwise is entitled to be licensed or certified;

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

(3) Submits to the Board a renewal application on the form that the Board requires; and

(4) Submits satisfactory evidence of compliance with any continuing education requirements as required by the Board for license or certificate renewal.

(e) (1) The Board shall renew the license or certificate of and issue a renewal license or certificate to each licensee or certificate holder who meets the requirements of this section.

(2) The Board shall include the term of the renewal on each renewal license or certificate that the Board issues.

(f) (1) (i) Beginning with the renewal cycle in 2015, the Board shall begin a process of requiring criminal history records checks in accordance with § 17–501.1 of this subtitle on:

1. Selected renewal applicants as determined by regulations adopted by the Board; and

2. Each former licensee who files for reinstatement under § 17–505 of this subtitle after failing to renew the license for a period of 1 year or more.

(ii) An additional criminal history records check shall be performed every 6 years after the initial records check required under subparagraph (i) of this paragraph.

(2) (i) On receipt of the criminal history record information of an applicant for license or certificate renewal forwarded to the Board in accordance with § 17–501.1 of this subtitle, in determining whether to renew a license or certificate, the Board shall consider:

1. The age at which the crime was committed;

2. The circumstances surrounding the crime;

3. The length of time that has passed since the crime;

4. Subsequent work history;

5. Employment and character references; and

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

(ii) The Board may not renew a license or certificate if the criminal history record information required under § 17–501.1 of this subtitle has not been received.
Md. Code, Environment § 17-202 — MD Code / Article gen / Title 17 / Subtitle 2 / Section 17-202
§17–202.
Status: in_force

(a) (1) The Board consists of seven members appointed by the Governor, with the advice of the Secretary, and with the advice and consent of the Senate.

(2) Of the seven members:

(i) One shall be employed by the Department;

(ii) One shall be employed by the Department of Natural Resources;

(iii) Three shall be licensed marine contractors and shall include:

1. One from Anne Arundel, Calvert, Charles, Prince George’s, or St. Mary’s counties;

2. One from Baltimore City, or Baltimore, Cecil, Harford, Kent, or Queen Anne’s counties; and

3. One from Caroline, Dorchester, Somerset, Talbot, Wicomico, or Worcester counties; and

(iv) Two shall be private citizens, appointed at large, who represent diverse interests, and shall include:

1. One from Baltimore City, or Anne Arundel, Baltimore, Calvert, Charles, Harford, Prince George’s, or St. Mary’s counties; and

2. One from Caroline, Cecil, Dorchester, Kent, Queen Anne’s, Somerset, Talbot, Wicomico, or Worcester counties.

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

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

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

(3) 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.

(d) The Governor may remove a member from the Board for incompetence, misconduct, neglect of duty, or other sufficient cause.
Md. Code, Local Government § 17-306 — MD Code / Article glg / Title 17 / Subtitle 3 / Section 17-306
§17–306.
Status: in_force

(a) The State Treasurer may:

(1) contract with a qualified Maryland fiscal agent; and

(2) compensate the fiscal agent for services rendered.

(b) The fiscal agent may perform administrative and investment services that the State Treasurer performs under this part.
Md. Code, Transportation § 17-103 — MD Code / Article gtr / Title 17 / Subtitle 1 / Section 17-103
§17–103.
Status: in_force

(a) (1) Except as provided in paragraph (2) or (3) of this subsection, the form of security required under this subtitle is a vehicle liability insurance policy written by an insurer authorized to write these policies in this State.

(2) The Administration may accept another form of security in place of a vehicle liability insurance policy if it finds that the other form of security adequately provides the benefits required by subsection (b) of this section.

(3) (i) 1. In this paragraph the following words have the meanings indicated.

2. “Affiliate” means any company that controls, is controlled by, or is under common control with another company.

3. “Provide taxicab services”, “transportation network company”, and “transportation network operator” have the meanings stated in § 10–101 of the Public Utilities Article.

(ii) The Administration may accept another form of security from a transportation network company in place of an insurance policy required by § 10–405 of the Public Utilities Article if:

1. The other form of security adequately provides the benefits required by § 10–405 of the Public Utilities Article; and

2. The transportation network company is an affiliate of a company that provides taxicab services and has no fewer than 26 nor more than 300 transportation network operators.

(4) The Administration shall, by regulation, assess each self–insurer an annual sum which may not exceed $750, and which shall be used for actuarial studies and audits to determine financial solvency.

(b) The security required under this subtitle shall provide for at least:

(1) The payment of claims for bodily injury or death arising from an accident of up to $30,000 for any one person and up to $60,000 for any two or more persons, in addition to interest and costs;

(2) The payment of claims for property of others damaged or destroyed in an accident of up to $15,000, in addition to interest and costs;

(3) Unless waived under § 19–506 of the Insurance Article or rejected under § 19–506.1 of the Insurance Article, the benefits described under § 19–505 of the Insurance Article as to basic required primary coverage;

(4) The benefits required under § 19–509 or § 19–509.1 of the Insurance Article as to required additional coverage; and

(5) For vehicles subject to the provisions of § 25–111.1 of this article, the security requirements adopted under 49 C.F.R., Part 387.
Md. Code, Health Occupations § 17-6A-24 — MD Code / Article gho / Title 17 / Subtitle 6A / Section 17-6A-24
§17–6A–24.
Status: in_force

The Board may issue a cease and desist order for a violation of this subtitle.
Md. Code, Business Regulation § 17-906 — MD Code / Article gbr / Title 17 / Subtitle 9 / Section 17-906
§17–906.
Status: in_force

Except as otherwise provided in Part II of this subtitle, a person must have a peddler license whenever the person acts as a peddler in the State.
Md. Code, Land Use § 17-101 — MD Code / Article glu / Title 17 / Subtitle 1 / Section 17-101
§17–101.
Status: in_force

(a) The Commission may acquire property for the purposes stated in subsection (b) of this section to carry out the Commission’s general plan for the physical development of the metropolitan district.

(b) The purposes for acquisition include:

(1) in the metropolitan district:

(i) parks;

(ii) forests;

(iii) roads; and

(iv) other public ways, grounds, and spaces; and

(2) public recreation, including the construction of public recreation centers, community buildings, or other public buildings necessary to house a public recreation program.

(c) The Commission:

(1) may improve and develop property that it acquires under this section for the purposes stated in subsection (b) of this section; and

(2) controls the maintenance and operation of the property.

(d) A general regulation governing property acquired for a purpose under subsection (b)(1) of this section in either county may not take effect until the regulation receives the affirmative vote of at least three members of the Commission from that county.
Md. Code, Business Occupations and Professions § 17-547 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-547
§17–547.
Status: in_force

(a) The name of the team may not contain the terms “real estate”, “real estate brokerage”, or any other term that would lead the public to believe that the team is offering real estate brokerage services independent of the real estate broker.

(b) All advertising by the team must contain:

(1) the name of the brokerage displayed in a meaningful and conspicuous way;

(2) the name of at least one of the licensee members of the team; and

(3) the telephone number of the real estate broker or branch office manager of the real estate broker.

(c) The team name in the advertisement must be directly connected to the name of the brokerage.
Md. Code, Business Occupations and Professions § 17-613 — MD Code / Article gbo / Title 17 / Subtitle 6 / Section 17-613
§17–613.
Status: in_force

(a) Subject to the provisions of subsection (d) of this section, a person who violates any provision of the following sections of this title is guilty of a misdemeanor and on conviction for a first offense is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both:

(1) § 17–502;

(2) § 17–525;

(3) § 17–526;

(4) § 17–527;

(5) § 17–530;

(6) § 17–532;

(7) § 17–601;

(8) § 17–602;

(9) § 17–603;

(10) § 17–604;

(11) § 17–605;

(12) § 17–606;

(13) § 17–607;

(14) § 17–608;

(15) § 17–609;

(16) § 17–610; or

(17) § 17–611.

(b) A corporation, partnership, or other association that violates § 17–612 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine:

(1) not exceeding $5,000 for a first violation;

(2) not exceeding $15,000 for a second violation; and

(3) not exceeding $25,000 for a third or subsequent violation.

(c) (1) The Commission may impose on a person who violates any provision of this title a penalty not exceeding:

(i) $5,000 for a first violation;

(ii) $15,000 for a second violation; and

(iii) $25,000 for a third or subsequent violation.

(2) In setting the amount of the penalty, the Board shall consider:

(i) the seriousness of the violation;

(ii) the harm caused by the violation;

(iii) the good faith of the violator;

(iv) any history of previous violations by the violator; and

(v) any other relevant factors.

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

(d) (1) Any person found guilty of a second violation of any provision of the sections listed in subsection (a) of this section is subject to a fine not exceeding $15,000 or 2 years imprisonment or both.

(2) Any person found guilty of a third or subsequent violation of any provision of the sections listed in subsection (a) of this section is subject to a fine not exceeding $25,000 or 3 years imprisonment or both.
Md. Code, Commercial Law § 17-301 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-301
§17–301.
Status: in_force

(a) For purposes of this subtitle:

(1) An action by an agent or other representative of an apparent owner, other than a holder acting as the apparent owner’s agent, is presumed to be an action on behalf of the apparent owner; and

(2) A communication with an apparent owner by a person other than the holder or the holder’s representative is not an indication of apparent owner interest in property unless a record of the communication evidences the apparent owner’s knowledge of a right to the property.

(b) When determining the address of an apparent owner under this subtitle:

(1) (i) The last known address of an apparent owner includes any description, code, or other indication of the location of the apparent owner that identifies a state; and

(ii) An indication of the location of the apparent owner that identifies a state does not need to be sufficient to direct the delivery of first–class mail to the apparent owner;

(2) This State is deemed to be the state of the last known address of the apparent owner if:

(i) The postal zip code associated with the apparent owner is for a post office located in this State; and

(ii) There are no other records associated with the apparent owner that specifically identify the physical address of the apparent owner to be in another state;

(3) Another state is deemed to be the state of the last known address of the apparent owner if:

(i) The postal zip code associated with the apparent owner is for a post office located outside this State; and

(ii) There are no other records associated with the apparent owner that specifically identify the physical address of the apparent owner to be in this State; and

(4) The address of the apparent owner of a life or endowment insurance policy or annuity contract or its proceeds is presumed to be the address of the insured or annuitant if:

(i) A person other than the insured or annuitant is entitled to the amount owed under the policy or contract; and

(ii) The address of the person entitled to the amount owed under the policy or contract is:

1. Not known by the insurance company; and

2. Cannot be determined under § 17–301.1(d) of this subtitle.
Md. Code, Business Regulation § 17-1204 — MD Code / Article gbr / Title 17 / Subtitle 12 / Section 17-1204
§17–1204.
Status: in_force

(a) Before a moving and storage firm or warehouse that stores household goods provides any service, the moving and storage firm or warehouse shall give written notice to the buyer of the service that the buyer should get insurance to protect the buyer from loss of goods.

(b) A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 30 days or both.
Md. Code, State Finance and Procurement § 17-211 — MD Code / Article gsf / Title 17 / Subtitle 2 / Section 17-211
§17–211.
Status: in_force

(a) A determination of a prevailing wage rate issued under § 17-209 of this subtitle is subject to review when a public body publishes a call for bids or proposals in which the determination is used for the first time following its issuance under § 17-209 of this subtitle.

(b) (1) Within 10 days after a public body publishes any call for bids or proposals, as described in subsection (a) of this section, a petition for review of a determination of a prevailing wage rate may be submitted to the Commissioner by:

(i) the public body;

(ii) a prospective bidder or offeror or a representative of a prospective bidder or offeror;

(iii) a representative of a group of employers engaged in the type of construction for which the prevailing wage rate was determined; or

(iv) a representative of a classification of worker for which the prevailing wage rate was determined.

(2) A petition under this subsection shall be verified and shall set forth the facts on which it is based.

(3) If a petition is not filed within the period set under paragraph (1) of this subsection, the determination is final and is the rate applicable in the locality for the remainder of the 1-year period for which it was issued under § 17-209 of this subtitle.

(c) (1) Within 2 days after a petition is submitted under this section, the petitioner shall send a copy to the public body.

(2) On receipt of a copy of the petition, the public body shall extend the closing date for bids or proposals until 5 days after the Commissioner publishes the final determination under subsection (f) of this section.

(d) (1) Within 20 days after a petition is submitted, the Commissioner shall:

(i) after giving the notice required under paragraph (3) of this subsection, conduct an investigation; and

(ii) hold a public hearing to review the petition.

(2) If more than 1 petition is submitted, the Commissioner may consolidate the hearings on any of the petitions.

(3) The Commissioner shall notify the petitioner, public body, recognized collective bargaining representative for the classification for which a review is requested, and any other person entitled to receive notice under § 17-210(b)(2) of this subtitle.

(e) At the hearing:

(1) the Commissioner shall introduce as evidence the investigation conducted under subsection (d) of this section and the other facts that formed the basis of the Commissioner’s original determination; and

(2) any interested party, including the Commissioner, may introduce other evidence material to the issue.

(f) Within 10 days after the conclusion of a review hearing, the Commissioner shall send to the public body and each interested party, a determination of the prevailing wage rate. This determination is final and is the rate applicable in the locality for the remainder of the 1-year period for which it was issued under § 17-209 of this subtitle.
Md. Code, Education § 17-405 — MD Code / Article ged / Title 17 / Subtitle 4 / Section 17-405
§17–405.
Status: in_force

(a) The Governor shall include in the annual budget bill an appropriation of at least $1,000,000 to the Teacher Quality and Diversity Program.

(b) Subject to the provisions of this subtitle, the Maryland Higher Education Commission may use the funds appropriated under subsection (a) of this section to award funding to institutions of higher education under § 17–402 or § 17–404 of this subtitle.
Md. Code, Education § 17-306 — MD Code / Article ged / Title 17 / Subtitle 3 / Section 17-306
§17–306.
Status: in_force

The Maryland Higher Education Commission shall:

(1) Adopt regulations necessary for the administration of this subtitle; and

(2) Submit to the Governor and, in accordance with § 2-1257 of the State Government Article, to the General Assembly an annual report summarizing the total amount of funds pledged by eligible private donors and total amount of funds raised.
Md. Code, Alcoholic Beverages and Cannabis § 17-2102 — MD Code / Article gab / Title 17 / Subtitle 21 / Section 17-2102
§17–2102.
Status: in_force

In addition to the revocation of license required under § 4–605(a) of this article, if an activity listed in § 4–605 is found to have occurred on the premises for which the license was issued, the license holder, or the employee, entertainer, or patron who performed the activity, is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.
Md. Code, Environment § 17-401 — MD Code / Article gen / Title 17 / Subtitle 4 / Section 17-401
§17–401.
Status: in_force

An individual or entity may not conduct, attempt to conduct, or offer to conduct any marine contractor services unless the individual or entity is licensed by the Board to perform the services.
Md. Code, Health - General § 17-313 — MD Code / Article ghg / Title 17 / Subtitle 3 / Section 17-313
§17–313.
Status: in_force

(a) A person may not represent or service any tissue bank, regardless of location, unless the tissue bank and its director meet the standards and qualifications that the Secretary adopts under this subtitle.

(b) A person may not represent or service in this State any tissue bank that is not in this State unless the person holds a permit to represent or service the tissue bank.
Md. Code, Insurance § 17-311 — MD Code / Article gin / Title 17 / Subtitle 3 / Section 17-311
§17–311.
Status: in_force

Each policy of group life insurance shall contain a provision that if an insured under the policy dies while entitled to an individual policy under § 17-309 or § 17-310 of this subtitle but before the individual policy becomes effective, the amount of life insurance to which the insured would have been entitled shall be payable as a claim under the group policy, whether or not application for the individual policy or payment of the first premium has been made.
Md. Code, Criminal Procedure § 17-101 — MD Code / Article gcp / Title 17 / Subtitle 1 / Section 17-101
§17–101.
Status: in_force

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

(b) “CODIS” has the meaning stated in § 2–501 of the Public Safety Article.

(c) “Direct–to–consumer genetic genealogy services” means genetic genealogy services that are offered by private companies directly to members of the public and law enforcement agencies rather than through clinical health care providers, typically via customer access to secure online websites.

(c–1) “Express consent” has the meaning stated in § 14–4401 of the Commercial Law Article.

(d) “FGG profile” means a genetic profile using SNPs or other sequencing methods generated from a forensic or reference sample by a laboratory for the purpose of conducting an FGGS.

(e) “Forensic genetic genealogical DNA analysis and search” or “FGGS” means:

(1) the forensic genetic genealogical DNA analysis of biological material using SNP or other sequencing techniques to develop an FGG profile;

(2) a subsequent search using the FGG profile in a publicly available open–data personal genomics database or a direct–to–consumer genetic genealogy service to find individuals related to the source of the FGG profile; and

(3) a genealogical search using public records and other lawful means to obtain information in accordance with this title.

(f) (1) “Forensic sample” means biological material reasonably believed by investigators to have been deposited by a putative perpetrator and that was collected from a crime scene or a person, an item, or a location connected to the criminal event.

(2) “Forensic sample” includes biological material from unidentified human remains.

(g) “Publicly available open–data personal genomics database” means a database in which persons voluntarily submit their genomics data or genetic profiles, typically processed through direct–to–consumer genetic genealogy services, for the purposes of comparison or searching against the genetic profiles of other individuals to evaluate potential familial relationships between the reference sample and other service user samples.

(h) “Putative perpetrator” means one or more criminal actors reasonably believed by investigators to have committed the crime under investigation and to be the source of, or a contributor to, a forensic sample deposited during or incident to the commission of a crime.

(i) “Reasonable investigative leads” means credible, case–specific facts, information, or circumstances that would lead a reasonably cautious investigator to believe that the pursuit would have a fair probability of identifying a putative perpetrator.

(j) “Reference sample” means biological material from a known source.

(k) (1) “Single–nucleotide polymorphisms” or “SNPs” means DNA sequence variations that occur when a single nucleotide (A, T, G, or C) in a genomic sequence varies.

(2) “Single–nucleotide polymorphisms” includes variations that may be used to distinguish people for purposes of biological relationship testing.

(l) “STR DNA profile” means a genetic profile that examines genetic locations on the non–sex chromosomes that are used for the statewide DNA database system or the national DNA database system.

(m) “Third party” means a person who is not a suspect in the investigation.
Md. Code, Business Regulation § 17-1904 — MD Code / Article gbr / Title 17 / Subtitle 19 / Section 17-1904
§17–1904.
Status: in_force

(a) An applicant for a vending machine license shall pay to the clerk a license fee of $2.50 for each vending machine.

(b) All vending machine license fees collected under this section shall be paid to the Comptroller.
Md. Code, Business Regulation § 17-1403 — MD Code / Article gbr / Title 17 / Subtitle 14 / Section 17-1403
§17–1403.
Status: in_force

Except as otherwise provided in this subtitle, a person must have a promoter license whenever the person acts as a promoter in the State.
Md. Code, Business Occupations and Professions § 17-530 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-530
§17–530.
Status: in_force

(a) (1) Except as provided in paragraphs (2) and (3) of this subsection, a licensee who participates in a residential real estate transaction as a seller’s agent, buyer’s agent, or a subagent shall disclose in writing that the licensee represents the seller or lessor or the buyer or lessee as provided in this section.

(2) The disclosure required under this section does not apply to a seller, lessor, buyer, or lessee with whom a broker has entered into a written brokerage agreement.

(3) In addition to the written disclosure required under subsection (b) of this section:

(i) if the first contact between a seller’s agent and a prospective buyer or lessee is not a face–to–face contact, the seller’s agent shall disclose, through the medium in which the contact occurs, that the seller’s agent represents the seller or lessor; and

(ii) if the first contact between a buyer’s agent and a prospective seller or lessor is not a face–to–face contact, the buyer’s agent shall disclose, through the medium in which the contact occurs, that the buyer’s agent represents the buyer or lessee.

(b) (1) Except as provided in paragraph (2) of this subsection, the disclosure shall occur not later than the first scheduled face–to–face contact with the seller or lessor or the buyer or lessee.

(2) (i) If a licensee is holding a property open to the public, the licensee complies with the disclosure requirements of this section if the licensee displays, in a conspicuous manner, a notice to prospective buyers or lessees that the licensee present on the property represents the seller or lessor.

(ii) The Commission shall prepare and provide the notice required under this paragraph.

(c) In any residential real estate transaction involving a subagent, the subagent shall disclose in writing to the buyer or lessee as required under this section that the subagent represents the seller or lessor.

(d) In any residential real estate transaction that does not involve a subagent or buyer’s agent, the seller’s agent shall make the written disclosure to the buyer or lessee required under this section that the seller’s agent represents the seller or lessor.

(e) In any residential real estate transaction that does not involve a seller’s agent, the buyer’s agent shall make the written disclosure to the seller or lessor required under this section that the buyer’s agent represents the buyer or lessee.

(f) The written disclosure shall explain:

(1) the differences between a seller’s agent, buyer’s agent, subagent, dual agent, and intra–company agent;

(2) the duties of a licensee to exercise reasonable care and diligence and maintain confidentiality;

(3) that regardless of whom a licensee represents in a real estate transaction, the licensee has a duty to treat each party fairly and honestly, promptly present each written offer and counteroffer, respond truthfully to each question, disclose all material facts that are known or should be known relating to a property, and offer each property without discrimination;

(4) that a licensee is qualified to advise only on real estate matters and that legal or tax advice should be obtained from a licensed attorney or accountant;

(5) the need for an agreement with a seller’s agent, buyer’s agent, or dual agent to be in writing and to include the duties and obligations of the agent, how and by whom the agent will be compensated, and any fee–sharing arrangements with other agents;

(6) the duty of a buyer’s agent to assist in the:

(i) evaluation of a property, including the provision of a market analysis of the property; and

(ii) preparation of an offer on a property and to negotiate in the best interests of the buyer;

(7) the possibility that a dual agency may arise in a real estate transaction and the options that would become available to the buyer and seller or lessee and lessor; and

(8) that any complaints concerning a licensee may be filed with the Commission.
Md. Code, Land Use § 17-212 — MD Code / Article glu / Title 17 / Subtitle 2 / Section 17-212
§17–212.
Status: in_force

(a) The Commission may:

(1) except as provided in subsection (c) of this section, name and rename any street or highway and number and renumber the houses in the regional district if each new number or change of number is reported to the owner or occupant of the building for the purpose of:

(i) correcting mistakes;

(ii) removing confusion because of a duplication of street names; and

(iii) securing a uniformity of street names and numbering of houses;

(2) place or have placed new numbers on the buildings or premises and proper signs indicating the names of streets and highways; and

(3) appropriate and expend as much of any surplus from fees for building permits issued in each county as is necessary to pay for the expenses in carrying out this section.

(b) (1) The Commission may adopt reasonable regulations for carrying out any changes in street or highway names or the numbering of houses.

(2) A violation of a regulation adopted under this subsection is a misdemeanor punishable under the general penalty provisions of this division.

(c) (1) The Commission may not rename any street or renumber any house located in a municipal corporation in Prince George’s County unless the proposed change is approved by the legislative body of the municipal corporation.

(2) (i) Any party aggrieved by the refusal of a municipal corporation to approve a proposed change may appeal to the Prince George’s County Council.

(ii) After public hearing and on a finding of need for public health, safety, and welfare, the County Council by resolution may authorize the change notwithstanding the objections of the municipal corporation.

(iii) The resolution shall require the affirmative vote of two–thirds of all the members of the County Council.
Md. Code, Business Occupations and Professions § 17-207 — MD Code / Article gbo / Title 17 / Subtitle 2 / Section 17-207
§17–207.
Status: in_force

(a) To protect the interests of the public, the Commission shall adopt, by regulation, a code of ethics to set standards of conduct for all individuals licensed under this title.

(b) The Commission:

(1) at least once every 2 years, shall provide a copy of the code of ethics to each licensee; and

(2) on request of any person, shall make available a copy of the code of ethics to that person.
Md. Code, Business Regulation § 17-1701 — MD Code / Article gbr / Title 17 / Subtitle 17 / Section 17-1701
§17–1701.
Status: in_force

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

(b) “Food service facility” has the meaning stated in § 21–301 of the Health – General Article.

(c) “Micro market” means an unstaffed, self–checkout retail food service facility that:

(1) includes one or more micro market displays;

(2) has an automated payment kiosk or other device designed to accept electronic payments that is operated by the consumer;

(3) is located indoors and within a separate business; and

(4) is generally accessible only to individuals within the building in which the food service facility is located.

(d) “Micro market display” means the place where the food being sold by a micro market is displayed, including:

(1) an open rack;

(2) a refrigerator or a refrigerated cooler;

(3) a freezer;

(4) a vending machine;

(5) a beverage dispenser; or

(6) a single–serve coffee brewer.

(e) “Micro market license” means a license issued by the clerk to operate a micro market.
Md. Code, Business Regulation § 17-301 — MD Code / Article gbr / Title 17 / Subtitle 3 / Section 17-301
§17–301.
Status: in_force

In this subtitle, “license” has the meaning stated in §§ 17–101 and 17–201 of this title.
Md. Code, Health Occupations § 17-305 — MD Code / Article gho / Title 17 / Subtitle 3 / Section 17-305
§17–305.
Status: in_force

(a) The Board shall waive the requirements for licensure for an applicant to practice clinical alcohol and drug counseling if the applicant:

(1) Holds a license as a clinical alcohol and drug counselor in another state, territory, or jurisdiction that is equivalent to the license the applicant is applying for under this subtitle;

(2) Submits an application to the Board on a form that the Board requires;

(3) Pays to the Board an application fee set by the Board; and

(4) Satisfies any other educational and experience requirements established by the Board.

(b) The Board may waive educational and experience requirements established under subsection (a)(4) of this section:

(1) Under circumstances determined by the Board; and

(2) For applicants who petition the Board for waiver.

(c) The Board shall adopt regulations to implement this section.
Md. Code, Health Occupations § 17-203 — MD Code / Article gho / Title 17 / Subtitle 2 / Section 17-203
§17–203.
Status: in_force

(a) From among its members, the Board annually shall elect:

(1) A chairperson;

(2) A vice chairperson; and

(3) A secretary.

(b) The Board shall determine:

(1) The manner of election of officers;

(2) The term of office of each officer; and

(3) The duties of each officer.
Md. Code, State Finance and Procurement § 17-306 — MD Code / Article gsf / Title 17 / Subtitle 3 / Section 17-306
§17–306.
Status: in_force

This subtitle may be cited as the “Maryland Buy American Steel Act”.
Md. Code, Business Occupations and Professions § 17-3A-06 — MD Code / Article gbo / Title 17 / Subtitle 3A / Section 17-3A-06
§17–3A–06.
Status: in_force

(a) This subtitle may be implemented by written reciprocal licensing agreements with the real estate licensing authorities of other states.

(b) Subject to § 17-3A-07 of this subtitle, the Commission is not required to enter into an agreement with another state before issuing a reciprocal license to a licensee from that other jurisdiction.
Md. Code, Health Occupations § 17-206 — MD Code / Article gho / Title 17 / Subtitle 2 / Section 17-206
§17–206.
Status: reserved

(a) There is a State Board of Professional Counselors and Therapists Fund.

(b) (1) The Board may set reasonable fees for the issuance and renewal of licenses or certificates and its other services.

(2) The fees charged shall be set to produce funds so as to approximate the cost of maintaining the Board.

(3) Funds to cover the expenses of the Board members shall be generated by fees set under this section.

(c) (1) The Board shall pay all fees collected under this title to the Comptroller of the State.

(2) The Comptroller shall distribute the fees to the Fund.

(d) (1) The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this article.

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

(3) Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article.

(4) No other State money may be used to support the Fund.

(e) (1) A designee of the Board shall administer the Fund.

(2) Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.

(f) The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
Md. Code, Health Occupations § 17-6A-20 — MD Code / Article gho / Title 17 / Subtitle 6A / Section 17-6A-20
§17–6A–20.
Status: in_force

(a) If, after a hearing under § 17–6A–21 of this subtitle, the Board finds that there are grounds under § 17–6A–19 of this subtitle to suspend or revoke a license or to reprimand a licensee, the Board may impose a monetary penalty not exceeding $10,000:

(1) Instead of suspending the license; or

(2) In addition to suspending or revoking the license.

(b) The Board shall adopt regulations to set standards for the imposition of monetary penalties under this section.

(c) The Board shall pay any penalty collected under this section into the General Fund of the State.
Md. Code, Business Occupations and Professions § 17-501 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-501
§17–501.
Status: in_force

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

(b) “Beneficial owner” means a person, other than the owner of the trust money, for whose benefit a real estate broker or, on behalf of a real estate broker, an associate real estate broker or a real estate salesperson is entrusted to hold trust money.

(c) “Trust money” means a deposit, payment, or other money that a person entrusts to a real estate broker or, on behalf of a real estate broker, to an associate real estate broker or a real estate salesperson to hold for:

(1) the benefit of the owner or beneficial owner of the trust money; and

(2) a purpose that relates to a real estate transaction involving real estate in the State.
Md. Code, Business Occupations and Professions § 17-320 — MD Code / Article gbo / Title 17 / Subtitle 3 / Section 17-320
§17–320.
Status: in_force

(a) (1) Subject to the provisions of this section, a licensed real estate broker may utilize as an independent contractor, employ, or otherwise contract with a licensed real estate salesperson or a licensed associate real estate broker to provide real estate brokerage services on behalf of the licensed real estate broker.

(2) A real estate broker may not provide real estate brokerage services through any other individual unless the individual is licensed as an associate real estate broker or real estate salesperson to provide real estate brokerage services on behalf of the real estate broker.

(b) Any individual, including a licensed associate real estate broker, who provides real estate brokerage services on behalf of a real estate broker shall be considered a real estate salesperson with respect to the provision of those services.

(c) (1) A real estate broker shall exercise reasonable and adequate supervision over the provision of real estate brokerage services by any other individual, including an independent contractor, on behalf of the broker.

(2) The requirement of paragraph (1) of this subsection applies regardless of the manner in which the individual who provides the services is affiliated with the real estate broker on whose behalf the services are provided.

(d) (1) A branch office manager, as defined in § 17–518(d) of this title, shall exercise reasonable and adequate supervision over the provision of real estate brokerage services by any sales agent or associate broker registered with that office.

(2) The responsibility of the branch office manager to supervise sales agents and associate brokers registered to the manager’s office is in addition to, and not in lieu of, the responsibility of the broker set forth in subsection (c) of this section.

(e) If the affiliation between a real estate broker and a real estate salesperson or an associate real estate broker terminates, the real estate broker immediately shall:

(1) mail to the salesperson or associate broker, at the last known home and office address of that individual, notice that the affiliation is terminated;

(2) submit to the Commission written notice that the affiliation is terminated, including copies of the notices mailed to the salesperson or associate broker; and

(3) return the license certificate of the salesperson or associate broker to the Commission.
Md. Code, Health Occupations § 17-505 — MD Code / Article gho / Title 17 / Subtitle 5 / Section 17-505
§17–505.
Status: in_force

(a) (1) Except as provided in paragraph (3) of this subsection, the Board shall place a licensee or certificate holder on inactive status, if the licensee or certificate holder:

(i) Submits to the Board an application for inactive status on the form required by the Board; and

(ii) Pays the inactive status fee set by the Board.

(2) The Board shall issue a license or certificate to an individual who is on inactive status if the individual complies with the renewal requirements that are in effect when the individual requests the renewal of the license or certificate.

(3) The Board may not place a certified professional counselor–alcohol and drug, a certified professional counselor–marriage and family therapist, or a certified professional counselor on inactive status.

(b) (1) Except as provided in paragraph (2) of this subsection, the Board, in accordance with its regulations, may reinstate the license of a licensee or the certificate of a certificate holder who has failed to renew the license or certificate for any reason.

(2) The Board may not reinstate the certificate of a certified professional counselor–alcohol and drug, a certified professional counselor–marriage and family therapist, or a certified professional counselor who has failed to renew the certificate for any reason.
Md. Code, State Finance and Procurement § 17-705 — MD Code / Article gsf / Title 17 / Subtitle 7 / Section 17-705
§17–705.
Status: in_force

§17–705. IN EFFECT

** CONTINGENCY – IN EFFECT – CHAPTERS 446 AND 447 OF 2012 **

(a) On or after January 1, 2013, a public body shall require a person that submits a bid or proposal to the public body for a contract for goods or services, or otherwise proposes to enter into or renew a contract for goods or services with the public body, to:

(1) certify at the time the bid is submitted or the contract is renewed that the person:

(i) is not identified on the list created by the Board as a person engaging in investment activities in Iran as described in § 17–702 of this subtitle; and

(ii) is not engaging in investment activities in Iran as described in § 17–702 of this subtitle; or

(2) if the person is unable to make the certification under item (1) of this subsection, provide the public body, under penalty of perjury, a detailed description of the person’s investment activities in Iran.

(b) A public body shall submit any information provided to the public body under subsection (a)(2) of this section to the Board.
Md. Code, Health - General § 17-103.1 — MD Code / Article ghg / Title 17 / Subtitle 1 / Section 17-103.1
§17–103.
Status: reserved

§17–103.1.

(a) In this section, “Fund” means the Laboratory Testing Fund.

(b) There is a Laboratory Testing Fund in the Department for the provision of laboratory services associated with the production of farmstead cheese.

(c) The Department shall administer the Fund.

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

(2) Any unspent portion of the Fund and any investment earnings of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund.

(e) The Fund consists of any laboratory testing fees collected by the Department for laboratory services associated with the production of farmstead cheese.

(f) The Fund shall only be used to support the operations of the Laboratories Administration.
Md. Code, State Finance and Procurement § 17-111 — MD Code / Article gsf / Title 17 / Subtitle 1 / Section 17-111
§17–111.
Status: in_force

This subtitle may be cited as the “Maryland Little Miller Act”.
Md. Code, Land Use § 17-401 — MD Code / Article glu / Title 17 / Subtitle 4 / Section 17-401
§17–401.
Status: in_force

The Commission may not acquire new land or use land already held by the Commission for the purpose of constructing an administration building without the prior approval of the County Executive and County Council of Montgomery County and the County Executive and County Council of Prince George’s County.
Md. Code, Health - General § 17-309 — MD Code / Article ghg / Title 17 / Subtitle 3 / Section 17-309
§17–309.
Status: in_force

While it is effective, a permit authorizes the permit holder:

(1) To operate or to represent or service the tissue bank named in the permit; and

(2) To offer and perform the classes of services set forth in the permit.
Md. Code, Land Use § 17-214 — MD Code / Article glu / Title 17 / Subtitle 2 / Section 17-214
§17–214.
Status: in_force

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

(2) “High performance building” means a building that:

(i) meets or exceeds the current version of the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) Green Building Rating System Silver rating; or

(ii) achieves at least a comparable numeric rating according to a nationally recognized, accepted, and appropriate numeric sustainable development rating system, guideline, or standard approved by the Secretary of Budget and Management and the Secretary of General Services.

(3) “Major renovation” means the renovation of a building where:

(i) the building shell is to be reused for the new construction;

(ii) the heating, ventilating, and air–conditioning (HVAC), electrical, and plumbing systems are to be replaced; and

(iii) the scope of the renovation is 7,500 square feet or greater.

(b) It is the intent of the General Assembly that, to the extent practicable:

(1) the Commission shall employ green building technologies when constructing or renovating a Commission–owned building not subject to this section; and

(2) high performance buildings shall meet the criteria and standards established under the “High Efficiency Green Building Program” adopted by the Maryland Green Building Council.

(c) Except as provided in subsections (d) and (e) of this section, if a capital project includes the construction or major renovation of a building that is 7,500 square feet or greater, the building shall be constructed or renovated to be a high performance building.

(d) The following types of buildings are not required to be constructed or renovated to be high performance buildings:

(1) warehouse and storage facilities;

(2) garages;

(3) maintenance facilities;

(4) transmitter buildings;

(5) cabins, pavilions, and other structures intended for open air or rustic uses;

(6) buildings of historic significance; and

(7) other similar types of buildings, as determined by the Commission.

(e) (1) The Commission may request from the county where the proposed capital project is located a waiver from complying with subsection (c) of this section.

(2) On receipt of a written request of a waiver under this subsection, with approval of the county executive, the county council of the county where the proposed capital project is located may issue a waiver under this subsection if the county council determines that the use of a high performance building in a proposed capital project is not practicable.

(3) The Commission shall disclose any waiver issued under this subsection in the capital improvements program required under § 18–113 of this article.
Md. Code, Land Use § 17-208 — MD Code / Article glu / Title 17 / Subtitle 2 / Section 17-208
§17–208.
Status: in_force

(a) (1) A violation of a regulation under § 17–207 of this subtitle is a Commission infraction unless the violation is declared by law to be a crime.

(2) (i) A Commission infraction is a civil offense.

(ii) The adjudication of a Commission infraction:

1. is not a criminal conviction; and

2. does not impose any of the civil disabilities ordinarily imposed by a criminal conviction.

(b) (1) A Commission park police officer may deliver a citation to any person charged with a Commission infraction.

(2) The Commission shall:

(i) retain a copy of the citation; and

(ii) include on the citation a certification attesting to the truth of the matter specified in the citation.

(3) The citation shall also contain:

(i) the name and address of the person charged;

(ii) the nature of the infraction;

(iii) the location and time that the infraction occurred;

(iv) the amount of the fine assessed for the infraction;

(v) the manner, location, and time in which the fine may be paid to the Commission; and

(vi) notice of the person’s right to a trial for the infraction.

(c) (1) The Commission may:

(i) establish a schedule of fines for each conviction of a Commission infraction;

(ii) impose a fine not to exceed $50 for each conviction of a Commission infraction; and

(iii) impose a fine not to exceed $100 for each repeat violation.

(2) The recipient of a citation for a Commission infraction shall pay the fine to the Commission within 20 days after the receipt of the citation.

(d) (1) If a person who receives a citation for a Commission infraction fails to pay the fine by the payment due date specified in the citation and fails to file a notice of the person’s intent to stand trial for the offense, the Commission shall send a notice of the infraction to the person’s last known address.

(2) A person who fails to pay the fine within 15 days after the date of the notice is liable for an additional fine not to exceed twice the original fine.

(3) (i) If the fine is not paid within 35 days after the date of notice, the Commission may request adjudication of the case through the District Court.

(ii) The District Court promptly shall schedule the case for trial and summon the defendant to appear.

(e) (1) A person who receives a citation for a Commission infraction may elect to stand trial by filing with the Commission a notice of the person’s intent to stand trial.

(2) The notice shall be given at least 5 days before the payment due date specified in the citation.

(3) On receipt of the notice of intent to stand trial, the Commission shall forward to the District Court having venue a copy of the citation and a copy of the notice of intent to stand trial that was filed by the person who received the citation.

(4) On receipt of the citation and the notice of intent to stand trial, the District Court shall schedule the case for trial and notify the defendant and the Commission of the trial date.

(5) The District Court shall remit to the Commission all fines, penalties, or forfeitures the District Court collects for Commission infractions.

(f) A person found by the District Court to have committed a Commission infraction shall pay a fine not to exceed:

(1) $50 for a first violation; or

(2) $100 for a repeat violation.

(g) In a proceeding for a Commission infraction before the District Court, the violation shall be prosecuted in the same manner and to the same extent as provided for municipal infractions under §§ 6–102 through 6–115 of the Local Government Article.
Md. Code, Environment § 17-305 — MD Code / Article gen / Title 17 / Subtitle 3 / Section 17-305
§17–305.
Status: in_force

(a) The Board shall issue a license that is valid for 2 years to any applicant who meets the requirements of this title and any regulation adopted under this title.

(b) The Board, by regulation, may establish license categories that specify the marine contractor services each license authorizes a licensee to perform.

(c) The Board shall include on each license that the Board issues:

(1) The license category;

(2) The full name of the licensee;

(3) The license number;

(4) The location of the principal office and of each branch office if the licensee is an entity;

(5) The date of issuance of the license;

(6) The date on which the license expires; and

(7) The name of the representative member if the licensee is an entity.
Md. Code, Health Occupations § 17-6A-21 — MD Code / Article gho / Title 17 / Subtitle 6A / Section 17-6A-21
§17–6A–21.
Status: in_force

(a) Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 17–6A–19 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.

(b) The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

(c) The hearing notice to be given to the individual shall be served personally or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of the individual at least 30 days before the hearing.

(d) The individual may be represented at the hearing by counsel.

(e) (1) Over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this subtitle and any hearings or proceedings before the Board.

(2) The Board shall issue subpoenas on behalf of the individual if the individual:

(i) Requests that the Board do so; and

(ii) States under oath that the testimony or evidence sought is necessary to the individual’s defense.

(3) If, without lawful excuse, an individual disobeys a subpoena from the Board or an order by the Board to take an oath, testify, or answer a question, on petition of the Board, a court of competent jurisdiction may compel compliance with the subpoena.

(f) If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.

(g) The hearing of charges may not be stayed or challenged by any procedural defects alleged to have occurred before the filing of charges.
Md. Code, Commercial Law § 17-404 — MD Code / Article gcl / Title 17 / Subtitle 4 / Section 17-404
§17–404.
Status: in_force

(a) (1) A museum may acquire title to an unsolicited donation found on museum property by giving notice that the museum is asserting title to the unsolicited donation.

(2) In addition to the information required under § 17–408 of this subtitle, the notice required under paragraph (1) of this subsection shall contain the following statement:

“The following property was found at (name of museum) and is presumed to be a donation to the museum. The museum hereby asserts title to the following property: (general description of property). Anyone claiming ownership or other legal interest in this property must contact the museum, establish ownership of the property, and make arrangements to collect the property. If you fail to do so within 60 days of this notice you will have waived any claim to this property.”.

(3) An unsolicited donation is presumed to be a gift to the museum if ownership is not claimed within 60 days after the notice required under this section.

(b) Undocumented property found in the collection of a museum is not an unsolicited donation and is subject to § 17–403 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 17-1701 — MD Code / Article gab / Title 17 / Subtitle 17 / Section 17-1701
§17–1701.
Status: in_force

(a) The following sections of Title 4, Subtitle 3 (“Transfer of Local Licenses; Substitution of Names on License”) of Division I of this article apply in the county without exception or variation:

(1) §�4–303�(“Chain store, supermarket, or discount house”);

(2) §�4–304�(“Compliance with Bulk Transfers Act required”); and

(3) §�4–305�(“Filing fee and endorsement”).

(b) The following sections of Title 4, Subtitle 3 (“Transfer of Local Licenses; Substitution of Names on License”) of Division I of this article apply in the county:

(1) §�4–302�(“Transfer of place of business; transfer of license and inventory”), subject to §§ 17–1702 and 17–1703 of this subtitle; and

(2) §�4–306�(“Substitution of names of officers on license”), subject to § 17–1704 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 17-701 — MD Code / Article gab / Title 17 / Subtitle 7 / Section 17-701
§17–701.
Status: in_force

(a) There is a Class A wine license in the county.

(b) (1) The license may be issued to a holder of a Class 4 limited winery license.

(2) A holder of a Class 4 limited winery license that applies for a Class A wine license is exempt from any quota established by the Board concerning the number of licenses in the election district where the winery is located.

(c) (1) The license authorizes the license holder to sell at retail at the place described in the license wine produced at the winery.

(2) Wine shall be sold in a sealed package or container that may not be opened or its contents consumed on the licensed premises.

(d) The annual license fee is $50.
Md. Code, State Finance and Procurement § 17-210 — MD Code / Article gsf / Title 17 / Subtitle 2 / Section 17-210
§17–210.
Status: in_force

(a) Before a public body advertises for bids or proposals for a public work contract, it shall request the Commissioner to determine the prevailing wage rate for each classification of worker required to perform the public work contract.

(b) (1) The Commissioner shall give notice of each prevailing wage rate determination for a public work contract under this subtitle.

(2) On written request, the Commissioner shall mail to any representative of any classification, any employer, or any representative of any group of employers notice:

(i) that a determination will be made, at least 60 days before making the determination; and

(ii) of the determination, after making the determination.

(c) After a determination has been made, the public body shall include each prevailing wage rate for straight time and overtime:

(1) in any call for bids or proposals;

(2) in the specifications for the public work contract; and

(3) in the public work contract.
Md. Code, State Finance and Procurement § 17-502 — MD Code / Article gsf / Title 17 / Subtitle 5 / Section 17-502
§17–502.
Status: in_force

(a) This section does not apply to emergency procurement under § 13–108 of this Division II.

(b) In addition to any other provision of law, the following persons shall use eMaryland Marketplace to publish notice of a procurement and publish a notice of award of a procurement that is at the same amount or exceeds the amount required by the Board for a State contract to be published in eMaryland Marketplace:

(1) a unit of State government;

(2) a county;

(3) a municipality;

(4) a bicounty or multicounty governmental agency;

(5) a special tax district, sanitary district, drainage district, soil conservation district, and water supply district;

(6) a public institution of higher education;

(7) a public school; and

(8) except for the Maryland Health and Higher Educational Facilities Authority, an entity exempt from the provisions of this Division II in accordance with § 11–203 of this article.

(c) This section may not be construed to prohibit a person listed in subsection (b) of this section from publishing notice of a procurement or publishing a notice of award in accordance with any other law or policy.

(d) An unintentional violation of this section may not constitute grounds to challenge or appeal:

(1) the award of a procurement; or

(2) the process through which a procurement was conducted.
Md. Code, State Finance and Procurement § 17-108 — MD Code / Article gsf / Title 17 / Subtitle 1 / Section 17-108
§17–108.
Status: in_force

(a) Subject to subsection (b) of this section, a supplier may sue on payment security if the supplier:

(1) supplied labor or materials in the prosecution of work provided for in a contract subject to this subtitle; and

(2) has not been paid in full for the labor or materials within 90 days after the day that the person last supplied labor or materials for which the claim is made.

(b) (1) A supplier who has a direct contractual relationship with a subcontractor or sub-subcontractor of a contractor who has provided payment security but no contractual relationship with the contractor may sue on the security if the supplier gives written notice to the contractor within 90 days after the labor or materials for which the claim is made were last supplied in prosecution of work covered by the security.

(2) A notice under this subsection:

(i) shall state with substantial accuracy the amount claimed and the person to whom the labor or material was supplied; and

(ii) shall be sent by certified mail to the contractor at the contractor’s residence or a place where the contractor has an office or does business.

(c) (1) On request by a person who submits an affidavit verifying that the person has supplied labor or materials but has not been paid or is being sued under this section, the Comptroller or the officer in charge of the office where the payment security or evidence of security is required to be filed shall issue:

(i) a certified copy of the payment bond; or

(ii) for other security, a certified statement of the security.

(2) The person requesting certification shall pay a reasonable fee, set by the Comptroller or other officer required to issue the certification, to cover the costs of preparation.

(3) A certification under this section is prima facie evidence of the contents, execution, and delivery of payment security.

(d) (1) An executory contract between a supplier and a contractor or subcontractor that is related to a construction contract may not waive or require the supplier to waive the right to sue on payment security under this section.

(2) A provision in an executory contract between a supplier and a contractor or subcontractor that is related to a construction contract and that conditions payment to the supplier on receipt of payment by the person from a public body or other third party, may not abrogate or waive the right of the supplier to sue on payment security under this subtitle.

(3) A provision of a contract made in violation of this subsection is void as against the public policy of the State.
Md. Code, Business Occupations and Professions § 17-203 — MD Code / Article gbo / Title 17 / Subtitle 2 / Section 17-203
§17–203.
Status: in_force

(a) From among its members, the Commission annually shall elect a chairman.

(b) (1) The term of the chairman is 1 year.

(2) At the end of a term, the chairman may be reelected.

(c) The chairman shall perform the duties that this title and the Commission require.

(d) While in office, the chairman 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.
Md. Code, Health Occupations § 17-6A-11 — MD Code / Article gho / Title 17 / Subtitle 6A / Section 17-6A-11
§17–6A–11.
Status: in_force

(a) To qualify for a license, an applicant shall be an individual who meets the requirements of this section.

(b) The applicant shall:

(1) Be of good moral character; and

(2) Be at least 18 years old.

(c) The applicant shall:

(1) Have a current certification by the Behavior Analyst Certification Board or its successor organization;

(2) Have received a master’s degree or higher from a behavior analysis educational program that is accredited by the Behavior Analyst Certification Board or its successor organization;

(3) Demonstrate oral and written competency in English as required by the Board; and

(4) Meet any other requirements established by the Board.

(d) The Board shall waive the education requirements under subsection (c)(2) of this section if an individual was certified by the Behavior Analyst Certification Board on or before December 31, 2014, and is currently in good standing.
Md. Code, Business Occupations and Professions § 17-206 — MD Code / Article gbo / Title 17 / Subtitle 2 / Section 17-206
§17–206.
Status: in_force

(a) The Commission may employ a staff in accordance with the State budget.

(b) The Commission, in accordance with the State budget, may employ an investigative staff to conduct investigations.

(c) While employed by the Commission, an individual may not:

(1) be licensed in any state as a real estate broker, an associate real estate broker, or a real estate salesperson;

(2) engage in any act for which a license is required under this title; or

(3) in connection with any real estate transaction, directly or indirectly receive or become entitled to receive any fee, perquisite, or compensation.
Md. Code, Public Utilities § 17-610 — MD Code / Article gpu / Title 17 / Subtitle 6 / Section 17-610
§17–610.
Status: in_force

(a) (1) On or before June 1, 2026, and every 3 years thereafter, the Office shall undergo an external, independent peer review to assess whether the Office’s quality control system is effectively designed and operating in compliance with generally accepted government auditing standards.

(2) To the extent practicable, the initial peer review conducted in accordance with subsection (a) of this section shall include:

(i) a review of whether the Office is sufficiently independent of the Commission and Commission staff; and

(ii) an analysis of whether additional reviews and reports, including those evaluating the effectiveness of the Commission’s internal controls over finances, operations, and compliance activities, would help achieve the duties of the Office.

(b) (1) The Office shall submit the results of the peer review conducted under subsection (a) of this section to:

(i) the county councils of Montgomery County and Prince George’s County;

(ii) in accordance with § 2–1257 of the State Government Article, the members of the Montgomery County and Prince George’s County delegations to the General Assembly; and

(iii) the Commission.

(2) The Commission shall publish each peer review conducted under this section on the Commission’s website.
Md. Code, Health Occupations § 17-6A-30 — MD Code / Article gho / Title 17 / Subtitle 6A / Section 17-6A-30
§17–6A–30.
Status: in_force

This subtitle may be cited as the Maryland Behavior Analysts Act.
Md. Code, Health Occupations § 17-202 — MD Code / Article gho / Title 17 / Subtitle 2 / Section 17-202
§17–202.
Status: in_force

(a) (1) The Board consists of 13 members appointed by the Governor with the advice of the Secretary.

(2) Of the 13 Board members:

(i) Four shall be licensed as clinical professional counselors;

(ii) Three shall be licensed as clinical marriage and family therapists;

(iii) Three shall be licensed as clinical alcohol and drug counselors;

(iv) One shall be licensed as a clinical professional art therapist; and

(v) Two shall be consumer members.

(3) The composition of the Board as to the race and sex of its members shall reflect the composition of the population of the State.

(4) The Governor shall appoint the counselors and therapists from a list submitted to the Governor by the Secretary. Any association representing professional counselors, marriage and family therapists, alcohol and drug counselors, or professional art therapists may submit recommendations for Board members to the Secretary.

(5) Two of the individuals appointed as a licensed clinical professional counselor member under paragraph (2)(i) of this subsection may not hold another credential issued by the Board.

(b) The consumer members of the Board:

(1) Shall be members of the general public;

(2) May not be or ever have been certified or licensed as a counselor or therapist or in training to become certified or licensed as a counselor or therapist;

(3) May not have a household member who is certified or licensed as a counselor or therapist or in training to become certified or licensed as a counselor or therapist;

(4) May not participate or ever have participated in a commercial or professional field related to professional counseling, marriage and family therapy, alcohol and drug counseling, or professional art therapy;

(5) May not have a household member who participates in a commercial or professional field related to professional counseling, marriage and family therapy, alcohol and drug counseling, or professional art therapy;

(6) May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board; and

(7) While members of the Board, may not have a substantial financial interest in a person regulated by the Board.

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

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

(2) The terms of the members of the Board are staggered as required by the terms of the members of the Board serving on July 1, 1988.

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

(4) A member may not serve more than 2 consecutive full terms.

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

(e) (1) The Governor may remove a member for incompetency, misconduct, or neglect of duty.

(2) Upon the recommendation of the Secretary, the Governor may remove a member whom the Secretary finds to have been absent from 2 successive Board meetings without adequate reason.
Md. Code, Alcoholic Beverages and Cannabis § 17-1704 — MD Code / Article gab / Title 17 / Subtitle 17 / Section 17-1704
§17–1704.
Status: in_force

(a) If there is a change in an officer of a corporation or authorized person of a limited liability company, the corporation or limited liability company shall submit a written notice by certified mail to the Board within 30 days after installation of the new officer or authorized person.

(b) A written notice submitted to the Board in accordance with subsection (a) of this section shall be accompanied by:

(1) a $5 fee; and

(2) a sworn statement that includes:

(i) the name and address of each new officer or authorized person;

(ii) the office held by each new officer or authorized person; and

(iii) the name and address of the previous officer or authorized person.

(c) After receiving a written notice provided in accordance with this section, the Board shall issue a revised license listing the current officers or authorized persons.
Md. Code, Alcoholic Beverages and Cannabis § 17-2703 — MD Code / Article gab / Title 17 / Subtitle 27 / Section 17-2703
§17–2703.
Status: in_force

(a) A license holder or an employee of a license holder who is charged with a violation of § 6–307 of this article:

(1) shall receive a summons to appear in court on a certain day to answer the charges placed against the license holder or employee; and

(2) may not be required to post bail pending trial in any court in the State.

(b) The granting of probation before judgment to a license holder or an employee of the license holder for a violation of § 6–307 of this article does not bar the Board from proceeding administratively against the license holder for the violation.
Md. Code, Local Government § 17-304 — MD Code / Article glg / Title 17 / Subtitle 3 / Section 17-304
§17–304.
Status: in_force

(a) The State Treasurer shall administer the Pool on behalf of:

(1) authorized participants; and

(2) to the extent that State money is included in the Pool, the State.

(b) The State Treasurer shall develop procedures necessary to administer the Pool efficiently, including:

(1) specification of the minimum and maximum amounts that may be deposited by any authorized participant in the Pool and minimum periods of time for which deposits must be retained in the Pool;

(2) payment of administrative expenses from the earnings of the Pool; and

(3) distribution of earnings in excess of expenses or allocation of losses to authorized participants in a manner that equitably reflects the amount and duration of each authorized participant’s investments in the Pool.
Md. Code, Alcoholic Beverages and Cannabis § 17-2103 — MD Code / Article gab / Title 17 / Subtitle 21 / Section 17-2103
§17–2103.
Status: in_force

(a) A license shall be revoked if:

(1) a licensed premises is not open for at least 30 consecutive days on which the license is authorized to be used during 1 year; or

(2) no sale of alcoholic beverages is made during the 30–day period.

(b) If the license holder shows hardship before the revocation, the Board may allow the license holder an additional period not exceeding 1 year before revoking the license.
Md. Code, Health - General § 17-505 — MD Code / Article ghg / Title 17 / Subtitle 5 / Section 17-505
§17–505.
Status: in_force

To qualify for a permit, an applicant shall meet the requirements of this subtitle and any regulation that the Secretary adopts under this subtitle.
Md. Code, Business Regulation § 17-308 — MD Code / Article gbr / Title 17 / Subtitle 3 / Section 17-308
§17–308.
Status: in_force

If a licensee dies, the surviving spouse or personal representative of the licensee may do business under the license for the rest of the term of the license.
Md. Code, Alcoholic Beverages and Cannabis § 17-903 — MD Code / Article gab / Title 17 / Subtitle 9 / Section 17-903
§17–903.
Status: in_force

(a) There is a Class BLX beer, wine, and liquor license.

(b) The Board may issue the license for use by a restaurant that has:

(1) a capital investment of at least $450,000 for dining room facilities and kitchen equipment, not including the cost of land, buildings, or a lease; and

(2) seating for at least 100 individuals.

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

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

(e) (1) The annual license fee is $2,500.

(2) There is no additional Sunday fee.
Md. Code, Business Occupations and Professions § 17-406 — MD Code / Article gbo / Title 17 / Subtitle 4 / Section 17-406
§17–406.
Status: in_force

(a) Each claim against the Guaranty Fund shall be made in accordance with this section.

(b) Each claim shall:

(1) be in writing;

(2) be made under oath;

(3) state the amount of loss claimed;

(4) state the facts on which the claim is based; and

(5) be accompanied by any documentation or other evidence that supports the claim.
Md. Code, Transportation § 17-202 — MD Code / Article gtr / Title 17 / Subtitle 2 / Section 17-202
§17–202.
Status: in_force

If a person fails to satisfy a judgment within 30 days, the judgment creditor or his representative may send to the Administration a certified copy of the judgment and, on a form provided by the Administration, a certificate of facts relating to the judgment. The certificate of facts is prima facie evidence of the facts stated in it.
Md. Code, Public Utilities § 17-407 — MD Code / Article gpu / Title 17 / Subtitle 4 / Section 17-407
§17–407.
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, in accordance with its regulations, the Commission may pay for actual property damage caused by:

(i) a sanitary sewer backup; or

(ii) a water main break on or after October 1, 1999.

(2) Payment made by the Commission under this section is not an admission of liability.

(b) The Commission may not pay for actual property damage caused by a sanitary sewer backup or water main break if the sanitary sewer backup, water main break, or resulting damage from the backup or break was caused by an intentional act or negligence of the owner or tenant of the property.
Md. Code, Health Occupations § 17-512 — MD Code / Article gho / Title 17 / Subtitle 5 / Section 17-512
§17–512.
Status: in_force

(a) Except as provided in this section for an action under § 17–509 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in § 10–202 of the State Government Article, may petition for judicial review as allowed by the Administrative Procedure Act.

(b) Any person aggrieved by a final decision of the Board under § 17–509 of this subtitle may take a direct judicial appeal as provided in the Administrative Procedure Act.

(c) An order of the Board may not be stayed pending judicial review.

(d) The Board may petition for judicial review of any decision that reverses or modifies its order.
Md. Code, Alcoholic Beverages and Cannabis § 17-1702 — MD Code / Article gab / Title 17 / Subtitle 17 / Section 17-1702
§17–1702.
Status: in_force

The Board may not transfer an off–sale license for use in a business that is intended to be operated as a drive–through purchase facility where alcoholic beverages are to be sold at retail and dispensed through a window or door to a purchaser in or on a motor vehicle for off–premises consumption.
Md. Code, Environment § 17-501 — MD Code / Article gen / Title 17 / Subtitle 5 / Section 17-501
§17–501.
Status: in_force

Subject to the Maryland Program Evaluation Act, the provisions of this title and all regulations adopted under this title creating the Marine Contractors Licensing Board and relating to the regulation of marine contractors are of no effect and may not be enforced after July 1, 2031.
Md. Code, State Finance and Procurement § 17-802 — MD Code / Article gsf / Title 17 / Subtitle 8 / Section 17-802
§17–802.
Status: in_force

(a) Subject to subsection (b) of this section, the Board shall adopt regulations that require all bidders, contractors, and subcontractors to pay employee health care expenses as required by this subtitle.

(b) This subtitle does not apply to:

(1) a minority business enterprise, as defined under Title 14, Subtitle 3 of this article; or

(2) a small business with 30 or fewer employees.
Md. Code, Business Regulation § 17-911 — MD Code / Article gbr / Title 17 / Subtitle 9 / Section 17-911
§17–911.
Status: in_force

(a) This section does not apply in Allegany and Washington counties.

(b) A municipal corporation may not require a local license or impose a local fee or tax to sell fresh fruits, vegetables, or other country produce from a wagon at retail if the seller is the producer.

(c) However, a municipal corporation by ordinance may:

(1) provide for the issuance of identification cards or tags to producers of country produce who sell the produce from a wagon at retail;

(2) set a fee, not exceeding 50 cents for each producer, for the issuance of identification cards or tags; and

(3) require producers to get and display identification cards or tags.

(d) (1) A person who is not the producer may not sell or offer to sell any fresh fruits, vegetables, or other country produce from a wagon at retail in a municipal corporation that requires a local license or imposes a local fee or tax to do so without getting the license or paying the fee or tax.

(2) A person who violates this subsection is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $25.
Md. Code, Health Occupations § 17-501 — MD Code / Article gho / Title 17 / Subtitle 5 / Section 17-501
§17–501.
Status: in_force

To apply for trainee status, a license, or a certificate, an applicant shall:

(1) Submit an application on the form that the Board requires;

(2) Pay to the Board the application fee set by the Board; and

(3) Submit to a criminal history records check in accordance with § 17–501.1 of this subtitle.
Md. Code, Local Government § 17-204 — MD Code / Article glg / Title 17 / Subtitle 2 / Section 17-204
§17–204.
Status: in_force

(a) (1) After consulting with the governmental entities, the State Treasurer shall adopt by regulation local government investment guidelines to govern the investment of public money by the entities in a manner that:

(i) facilitates sound cash management;

(ii) protects the public; and

(iii) ensures that each entity has access to its public money.

(2) Prior to adopting regulations that alter the types of investments in which governmental entities may invest public money, the State Treasurer shall consult with the governmental entities.

(b) The local government investment guidelines shall:

(1) specify the types of investments in which public money may be invested;

(2) include guidance for the prudent investment of public money based on cash flow projections, income, liquidity, investment ratings, and risk;

(3) require that investments by a county board of education and a county board of library trustees comply with the local investment policy of the county; and

(4) prohibit the borrowing of money for the express purpose of investment.
Md. Code, Land Use § 17-302 — MD Code / Article glu / Title 17 / Subtitle 3 / Section 17-302
§17–302.
Status: in_force

(a) The park police:

(1) possess all the powers and authority vested by existing law in the Montgomery County and Prince George’s County police;

(2) are responsible to and under the supervision of the Commission; and

(3) shall exercise supervisory jurisdiction over the park system.

(b) The park police shall:

(1) prevent crime;

(2) apprehend criminals;

(3) enforce the criminal and motor vehicle laws of the State;

(4) enforce park regulations; and

(5) perform other related duties that the Commission imposes.
Md. Code, State Finance and Procurement § 17-302 — MD Code / Article gsf / Title 17 / Subtitle 3 / Section 17-302
§17–302.
Status: in_force

The provisions of this subtitle do not apply if they conflict with a federal law or grant affecting a contract.
Md. Code, State Finance and Procurement § 17-225 — MD Code / Article gsf / Title 17 / Subtitle 2 / Section 17-225
§17–225.
Status: in_force

(a) A person may not:

(1) violate the wage provisions of a public work contract;

(2) allow or require an employee to work for less than the applicable prevailing wage rate;

(3) except as provided in subsection (b) of this section, ask an employee or prospective employee to give anything of value to that person or any other person on a statement, representation, or understanding that failure to comply with the request or demand will prevent the employee from procuring or retaining employment; or

(4) directly or indirectly, authorize a violation of this subtitle by any other person.

(b) Subsection (a) of this section does not apply to any agent of a collective bargaining organization acting in collection of sums as allowed by the National Labor Relations Act.
Md. Code, Health - General § 17-701 — MD Code / Article ghg / Title 17 / Subtitle 7 / Section 17-701
§17–701.
Status: in_force

(a) In this section, “BSL–3 laboratory” means a laboratory designated as a biosafety level 3 (BSL–3) laboratory by the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Institutes of Health, Biosafety in Microbiological and Biomedical Laboratories, as applicable, based on:

(1) Usage of biological agents that may cause serious or potentially lethal disease after inhalation, ingestion, or absorption; and

(2) Required biocontainment precautions.

(b) This section applies to each BSL–3 laboratory in Frederick County that:

(1) Does not work with federally regulated biological select agents and toxins or their products; and

(2) (i) Is a commercial or for–profit laboratory;

(ii) Is owned by or is part of a teaching hospital or an institution of postsecondary education; or

(iii) Is a privately funded biomedical research laboratory.

(c) The Department shall develop and make available a standardized form for a BSL–3 laboratory subject to this section to use to provide the information required under subsection (d) of this section.

(d) On or before October 30 each year, each BSL–3 laboratory subject to this section shall report to the Department:

(1) The address of the laboratory;

(2) The name, telephone number, and e–mail address of a contact person for the laboratory; and

(3) Any other information required by the Department to determine the location of the laboratory.

(e) On or before December 31 each year, the Department shall report to:

(1) The Maryland Department of Emergency Management and the health officer and emergency management officials of Frederick County the number and location of BSL–3 laboratories subject to this section; and

(2) The Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly the total number of BSL–3 laboratories subject to this section.

(f) (1) Except as provided in paragraph (2) of this subsection and subsection (e) of this section, any information the Department collects from BSL–3 laboratories subject to this section is confidential and not subject to inspection under the Public Information Act.

(2) Any information the Department collects from BSL–3 laboratories subject to this section shall be made available if requested by the BSL–3 laboratory’s insurance carrier or in a legal proceeding.

(g) (1) Activity of a BSL–3 laboratory subject to this section that fails to report the information required under subsection (d) of this section shall be considered ultrahazardous and abnormally dangerous.

(2) A BSL–3 laboratory subject to this section that fails to report the information required under subsection (d) of this section is strictly liable for damages for any injury, death, or loss to person or property that is caused by the BSL–3 laboratory.
Md. Code, Education § 17-202 — MD Code / Article ged / Title 17 / Subtitle 2 / Section 17-202
§17–202.
Status: in_force

(a) Each public institution of higher education may participate in the Eminent Scholar Program.

(b) The governing body of each institution that participates in the Program shall adopt standards and procedures for attracting and keeping eminent scholars in this State that include the following concepts:

(1) The appointee shall hold the rank of associate or full professor, or its equivalent, such as artist in residence;

(2) The appointee shall have achieved national eminence in his discipline as judged by his peers; and

(3) The “eminence” of the appointee:

(i) Shall be judged, generally, on evidence of effective teaching and productive research as attested to by his peers; and

(ii) If appropriate, may be judged on the basis of artistic achievement or distinguished accomplishments in areas that lie beyond academic endeavor but for which there is concrete evidence of superior talent.
Md. Code, Public Utilities § 17-608 — MD Code / Article gpu / Title 17 / Subtitle 6 / Section 17-608
§17–608.
Status: in_force

(a) (1) On request from the inspector general, a Commission employee or official shall promptly provide to the inspector general any available document or other information concerning Commission operations, budget, programs, or vendor contracts.

(2) (i) The inspector general shall notify the Commission chair, vice chair, and general manager if any Commission employee or official fails to provide any information or document requested under this subsection with reasonable promptness.

(ii) The Commission chair, vice chair, or general manager shall take administrative action to produce compliance with a pending request for information by the inspector general as warranted and appropriate.

(b) (1) A vendor of the Commission shall provide to the inspector general any available document or other information concerning any Commission vendor contract, including documents related to the procurement of the contract.

(2) (i) The inspector general shall promptly notify Commission officers if any vendor fails to provide any information or document requested under this subsection with reasonable promptness.

(ii) The Commission officers shall take appropriate administrative or civil action to produce vendor compliance with a pending request for information by the inspector general.

(c) (1) Each Commission employee should report any fraud, waste, or abuse to the Office.

(2) A Commission employee, vendor, or employee of any vendor may not be retaliated against or penalized, or threatened with retaliation or penalty, for providing information to, cooperating with, or in any way assisting the inspector general and staff of the Office in connection with any activity authorized under this subtitle.

(3) The inspector general may not disclose the identity of a person that reports an allegation of fraud, waste, or abuse unless:

(i) the reporting person consents to disclosure of the person’s identity;

(ii) disclosure is reasonably necessary to complete an audit or investigation; or

(iii) another person is legally entitled to disclosure of the identity of the reporting person.

(d) The inspector general or a staff member authorized by the inspector general may administer an oath or affirmation or take an affidavit from any person if necessary to perform the duties under this subtitle.

(e) The Commission may adopt regulations to carry out this section.
Md. Code, Land Use § 17-110 — MD Code / Article glu / Title 17 / Subtitle 1 / Section 17-110
§17–110.
Status: in_force

(a) Subject to subsection (b) of this section, at any time after 10 days after the return and recordation of the verdict or award in the proceedings, the Commission may enter and take possession of the condemned property, notwithstanding any appeal or further proceedings on the part of the defendant.

(b) (1) Before entering the property, the Commission shall pay to the clerk of the circuit court the amount of the award and all costs assessed to date.

(2) At the time of payment, the Commission shall agree to abide by and fulfill any judgment following appeal, or until the time to request an appeal expires.
Md. Code, Business Regulation § 17-1103 — MD Code / Article gbr / Title 17 / Subtitle 11 / Section 17-1103
§17–1103.
Status: in_force

(a) An applicant for a license shall pay to the clerk the applicable license fee.

(b) In a county other than Baltimore City or Baltimore County, the license fee is:

(1) $15 for a business that employs not more than 10 individuals;

(2) $50 for a business that employs 11 to 20 individuals; and

(3) $100 for a business that employs more than 20 individuals.

(c) In Baltimore City or Baltimore County, the license fee is:

(1) $40 for a business that employs not more than 10 individuals;

(2) $125 for a business that employs 11 to 20 individuals; and

(3) $250 for a business that employs more than 20 individuals.
Md. Code, State Finance and Procurement § 17-107 — MD Code / Article gsf / Title 17 / Subtitle 1 / Section 17-107
§17–107.
Status: in_force

A contractor who provides payment security under this subtitle in connection with a construction contract awarded by a public body need not execute a waiver of a mechanics’ lien to the public body.
Md. Code, Insurance § 17-306 — MD Code / Article gin / Title 17 / Subtitle 3 / Section 17-306
§17–306.
Status: in_force

Each policy of group life insurance shall contain a provision that:

(1) specifies that an equitable adjustment of premiums or benefits or both will be made if the age of an insured is misstated; and

(2) clearly states the method of adjustment to be used.
Md. Code, Business Regulation § 17-1812 — MD Code / Article gbr / Title 17 / Subtitle 18 / Section 17-1812
§17–1812.
Status: in_force

A person, including a licensed physician, who violates or conspires to violate any provision of this subtitle that relates to trader’s licenses for visually handicapped individuals or Blind Industries is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both.
Md. Code, Health - General § 17-216 — MD Code / Article ghg / Title 17 / Subtitle 2 / Section 17-216
§17–216.
Status: in_force

A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for the first offense and not exceeding $500 for each subsequent conviction for a violation of the same provision. Each day a violation is continued after the first conviction is a subsequent offense.
Md. Code, Business Occupations and Professions § 17-304 — MD Code / Article gbo / Title 17 / Subtitle 3 / Section 17-304
§17–304.
Status: in_force

(a) To qualify for an associate real estate broker license, an applicant shall be an individual who meets the requirements of this section.

(b) An applicant shall meet the requirements for a real estate broker license under § 17-305 of this subtitle.

(c) An applicant shall obtain, from a licensed real estate broker, a commitment providing that the applicant shall become affiliated with the licensed real estate broker as an associate real estate broker on the granting of an associate real estate broker license to the applicant.
Md. Code, Commercial Law § 17-326 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-326
§17–326.
Status: in_force

This title may be cited as the Maryland Uniform Disposition of Abandoned Property Act.
Md. Code, Business Regulation § 17-1603 — MD Code / Article gbr / Title 17 / Subtitle 16 / Section 17-1603
§17–1603.
Status: in_force

A person must have a restaurant license whenever the person operates a restaurant or other eating place in the State.
Md. Code, Public Utilities § 17-303 — MD Code / Article gpu / Title 17 / Subtitle 3 / Section 17-303
§17–303.
Status: in_force

Any amount due and payable under law and an authorized, written procurement contract that remains unpaid for more than 45 calendar days after the receipt date shall accrue interest, at the rate specified in § 11–107(a) of the Courts Article, for the period that begins 31 calendar days after the receipt date.
Md. Code, State Finance and Procurement § 17-605 — MD Code / Article gsf / Title 17 / Subtitle 6 / Section 17-605
§17–605.
Status: in_force

(a) (1) A contractor or subcontractor that elects to make payments to the Fund in accordance with this subtitle shall make payments, as determined by the Secretary, not to exceed 25 cents per hour for each employee in each covered craft who is employed by the contractor or subcontractor on the covered project.

(2) If the prevailing wage determination for a covered craft includes a fringe benefit contribution for apprenticeship programs that exceeds 25 cents, the contractor or subcontractor shall pay the difference to the employees in the covered craft in wages.

(3) Payments made under this section fulfill any obligations of the contractor or subcontractor regarding contributions for apprenticeship programs included in the prevailing wage determination under § 17–208 of this title.

(4) Payments made under paragraph (1) of this section are permissible deductions under § 17–215(b) of this title.

(5) Payments made to the Fund in accordance with paragraph (1) of this subsection shall be made on a monthly basis.

(b) (1) If the Secretary determines that a contractor or subcontractor for a covered project has made contributions to an apprenticeship training program at rates lower than those required by this subtitle, the contractor or subcontractor shall make payments to the Fund for the difference between its contribution and the contribution rate required by this subtitle.

(2) Payments made to the Fund in accordance with paragraph (1) of this subsection shall be made on a monthly basis.

(c) A contractor shall report all apprenticeship payments made under this subtitle on prevailing wage payroll records required by § 17–220 of this title.

(d) (1) A contractor or subcontractor that makes contributions to the Fund, a registered apprenticeship program, or an organization that has registered apprenticeship programs may request that its contributions be directed to a specific preapprenticeship or workforce development program.

(2) The Secretary shall make a good–faith effort to accommodate requests received in accordance with paragraph (1) of this subsection.
Md. Code, Public Utilities § 17-102 — MD Code / Article gpu / Title 17 / Subtitle 1 / Section 17-102
§17–102.
Status: in_force

(a) The Commission consists of:

(1) three commissioners from Prince George’s County, appointed by the County Executive subject to the confirmation of the County Council; and

(2) three commissioners from Montgomery County, of whom:

(i) two are appointed by the County Executive subject to the confirmation of the County Council; and

(ii) one is the Director of the Montgomery County Department of Environmental Protection, or the Director’s designee.

(b) (1) Each commissioner from Prince George’s County shall be a resident of the sanitary district.

(2) (i) Except for the commissioner who also serves as the Director of the Montgomery County Department of Environmental Protection, or is the Director’s designee, each commissioner from Montgomery County shall be a registered voter of Montgomery County.

(ii) Each commissioner from Prince George’s County shall be a registered voter of Prince George’s County.

(c) (1) Except as provided in subsection (a)(2)(ii) of this section, an individual may not be appointed or continue in office as a commissioner if the individual holds any other position of profit or trust under the Constitution or laws of the State or any political subdivision of the State.

(2) Not more than two commissioners from Montgomery County may be of the same political party.

(d) (1) This subsection does not apply to the commissioner who also serves as the Director of the Montgomery County Department of Environmental Protection, or the Director’s designee.

(2) The term of a commissioner is 4 years and begins on June 1 of the year of appointment.

(3) The terms of commissioners are staggered as required by the terms provided for commissioners on July 1, 1982.

(4) At the end of a term, a commissioner continues to serve until a successor is appointed and takes the oath of office.

(5) A commissioner who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and takes the oath of office.

(e) A vacancy on the Commission does not impair the right of the remaining commissioners to exercise all the powers of the Commission.

(f) A member of the Commission who also serves as the Director of the Montgomery County Department of Environmental Protection, or is the Director’s designee:

(1) serves as a voting member of the Commission; and

(2) may serve as the chair or vice chair of the Commission.
Md. Code, Health - General § 17-2A-07 — MD Code / Article ghg / Title 17 / Subtitle 2A / Section 17-2A-07
§17–2A–07.
Status: in_force

(a) The Secretary shall issue a license to an applicant that meets the standards and requirements of this subtitle.

(b) A forensic laboratory license shall include the name of the:

(1) Forensic laboratory;

(2) Laboratory director; and

(3) Operator or owner of the laboratory.

(c) A forensic laboratory license shall designate the tests, examinations, or analyses that may be offered or performed by the laboratory.

(d) A forensic laboratory may not operate in a manner not designated by the license issued under this subtitle.

(e) A forensic laboratory license issued by the Secretary under this subtitle is not transferable.
Md. Code, Business Regulation § 17-1203 — MD Code / Article gbr / Title 17 / Subtitle 12 / Section 17-1203
§17–1203.
Status: in_force

(a) An applicant for a storage warehouse license shall pay to the clerk a license fee of:

(1) $30 for a storage warehouse in a municipal corporation with a population of not more than 10,000;

(2) $50 for a storage warehouse in a municipal corporation or county with a population of 10,001 to 20,000;

(3) $75 for a storage warehouse in a municipal corporation or county with a population of 20,001 to 50,000; or

(4) $150 for a storage warehouse in a municipal corporation or county with a population of more than 50,000.

(b) All license fees collected under this section shall be paid to the Comptroller.
Md. Code, Alcoholic Beverages and Cannabis § 17-1703 — MD Code / Article gab / Title 17 / Subtitle 17 / Section 17-1703
§17–1703.
Status: in_force

(a) On approval by the Board, a holder of a license may transfer the license to other premises in the same election district if the premises for which the license was issued is:

(1) substantially destroyed by fire, explosion, or catastrophe;

(2) taken by condemnation; or

(3) taken by the exercise of the power of eminent domain.

(b) If the license holder does not request a transfer of the license within 6 months after the date of loss, the license shall expire and be available to be issued to an applicant.
Md. Code, Business Regulation § 17-1801 — MD Code / Article gbr / Title 17 / Subtitle 18 / Section 17-1801
§17–1801.
Status: in_force

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

(b) “Blind Industries” means Blind Industries and Services of Maryland.

(c) “Exhibitor” means a person who rents space from a promoter to display and sell goods at a show.

(d) “Licensed trader” means a trader who is licensed by the clerk under this subtitle.

(e) “Mobile place of business” means a place of business located in a truck, trailer, or other vehicle and not in a building or other fixed structure.

(f) “Promoter” means a person who rents space at a show to an exhibitor.

(g) “Show” includes an antique show, coin show, flea market, gun show, stamp show, and show of a temporary nature.
Md. Code, Local Government § 17-313 — MD Code / Article glg / Title 17 / Subtitle 3 / Section 17-313
§17–313.
Status: in_force

(a) The Montgomery County Investment Pool consists of money deposited in the Pool for investment purposes by:

(1) Montgomery County;

(2) other local governments; and

(3) public and nonprofit entities.

(b) The Montgomery County Investment Pool may not accept money from an entity that was not a participant in the Pool on July 1, 1996.