Md. Code, Business Occupations and Professions § 16-5A-03 — MD Code / Article gbo / Title 16 / Subtitle 5A / Section 16-5A-03
§16–5A–03.
Status: in_force

(a) A supervising appraiser shall:

(1) review, sign, and certify that the real estate trainee’s appraisal report complies with the uniform standards of professional appraisal practice;

(2) physically inspect each appraised property with the real estate appraiser trainee until the supervising appraiser determines that the real estate appraiser trainee is competent in accordance with paragraph (3) of this subsection;

(3) determine that the real estate appraiser trainee meets the competency requirements of the uniform standards of professional appraisal practice;

(4) at least once a month, sign and affix the supervising appraiser’s license or certification number to the real estate appraiser trainee’s experience log;

(5) ensure that the tasks assigned a real estate appraiser trainee will, over time, provide the full range of experience required by the Commission;

(6) provide the real estate appraiser trainee with a copy of all appraisal reports prepared by the real estate appraiser trainee that the Commission requests for review; and

(7) keep copies of appraisal reports prepared by the real estate appraiser trainee for the later of:

(i) 5 years; or

(ii) 5 years after final disposition of any judicial proceeding in which testimony was given.

(b) A real estate appraiser trainee shall:

(1) keep separate experience logs for each supervising appraiser;

(2) sign appraisal reports that the real estate appraiser trainee prepares; and

(3) upon request, provide experience logs to the Commission.

(c) A real estate appraiser trainee may have more than one supervising appraiser.

(d) A real estate appraiser trainee may obtain copies of appraisal reports which were prepared by that trainee from the supervising appraiser.

(e) An appraiser trainee is subject to the uniform standards of professional appraisal practice.
Md. Code, Health - General § 16-407 — MD Code / Article ghg / Title 16 / Subtitle 4 / Section 16-407
§16–407.
Status: in_force

(a) This section does not apply to funds that are derived from benefits payable under laws administered by the Veterans’ Administration.

(b) (1) If any property of an individual with an intellectual disability remains in the custody of a public facility for 1 year after the death or release of the individual with an intellectual disability, the Department shall investigate to locate the individual or to determine if any other person legally is entitled to that property.

(2) If such a person is not found:

(i) As much as possible of the account of the individual with an intellectual disability at the facility shall be paid from the property; and

(ii) Any balance becomes the property of this State and shall be paid into the General Fund of this State.

(c) (1) An action may not be brought more than 3 years after the death or release of an individual with an intellectual disability to recover any of this property left at or in the custody of the facility.

(2) This subsection does not waive any defense, including the defense of governmental immunity, available to any facility or other State agency in an action brought against it, even if the action is brought within 3 years after the death or release of the individual with an intellectual disability.
Md. Code, Commercial Law § 16-604 — MD Code / Article gcl / Title 16 / Subtitle 6 / Section 16-604
§16–604.
Status: in_force

Any person who is legally liable for or against whom a claim is asserted by a patient for compensation for injuries shall be permitted to inspect the records of the hospital in order to evaluate the basis of the hospital’s lien and to ascertain the itemized hospital departmental charges for the period of the patient’s confinement. Notice of the inspection shall be mailed to the patient.
Md. Code, Business Occupations and Professions § 16-5B-02 — MD Code / Article gbo / Title 16 / Subtitle 5B / Section 16-5B-02
§16–5B–02.
Status: in_force

This subtitle does not apply to:

(1) a person that exclusively employs appraisers on an employer–employee basis for the performance of appraisals; or

(2) an entity that is a subsidiary owned and controlled by a financial institution and regulated by a federal financial institution regulatory agency.
Md. Code, Business Regulation § 16-603 — MD Code / Article gbr / Title 16 / Subtitle 6 / Section 16-603
§16–603.
Status: in_force

§16–603. IN EFFECT

** CONTINGENCY – IN EFFECT – CHAPTER 497 OF 2007 **

(a) (1) Each manufacturer shall submit to the Executive Director written certification attesting that each cigarette has been tested in accordance with and has met the performance standard required under § 16–602 of this subtitle.

(2) A certification under paragraph (1) of this subsection may not list more than 50 cigarettes.

(b) The description of each cigarette listed in the certification shall include:

(1) the brand or trade name on the package;

(2) the style, such as light or ultra light;

(3) the length in millimeters;

(4) the circumference in millimeters;

(5) the flavor, such as menthol or chocolate, if applicable;

(6) whether filtered or nonfiltered;

(7) a package description, such as a soft pack or box;

(8) the mark approved in accordance with § 16–604 of this subtitle;

(9) if different from the manufacturer, the name, address, and telephone number of the laboratory that conducted the test; and

(10) the date of the testing.

(c) The certification shall be made available to:

(1) the Attorney General and the State Fire Prevention Commission for purposes consistent with this subtitle; and

(2) the Executive Director for the purpose of ensuring compliance with this section.

(d) (1) Each cigarette certified under this section shall be recertified every 3 years.

(2) If a manufacturer of a cigarette that has been certified under this section makes a change that is likely to alter the cigarette’s compliance with the performance standard under § 16–602(e) of this subtitle, that cigarette may not be sold in this State until the manufacturer, in accordance with § 16–602 of this subtitle, retests and maintains the proper records of the testing.
Md. Code, Alcoholic Beverages and Cannabis § 16-2701 — MD Code / Article gab / Title 16 / Subtitle 27 / Section 16-2701
§16–2701.
Status: in_force

(a) The following sections of Title 6, Subtitle 3 (“Prohibited Acts”) of Division I of this article apply in the county without exception or variation:

(1) § 6–304 (“Selling or providing alcoholic beverages to individual under the age of 21 years”);

(2) § 6–305 (“Proof of age for sale of alcoholic beverages”);

(3) § 6–306 (“Defense to prosecution for sale to underage individual”);

(4) § 6–307 (“Selling or providing alcoholic beverages to intoxicated individual”);

(5) § 6–309 (“Allowing on–premises consumption or possession of alcoholic beverages by individual under the age of 21 years”);

(6) § 6–310 (“Providing free food”);

(7) § 6–311 (“Restrictions on purchases and sales by retail dealer”);

(8) § 6–312 (“Beverage misrepresentation”);

(9) § 6–313 (“Tampering with alcoholic beverage container”);

(10) § 6–314 (“Sale of alcoholic beverage container with detachable metal tab”);

(11) § 6–315 (“Alcoholic beverage in container without regular label presumed illicit”);

(12) § 6–316 (“Maximum alcohol content”);

(13) § 6–317 (“Multiple serving purchase required”);

(14) § 6–320 (“Disorderly intoxication”);

(15) § 6–321 (“Consumption of alcoholic beverages in public”);

(16) § 6–323 (“Possession or use of Alcohol Without Liquid machine”);

(17) § 6–326 (“Sale of alcoholic beverages in powder or crystalline form prohibited”);

(18) § 6–327 (“Unlicensed out–of–state sale of alcoholic beverages”);

(19) § 6–328 (“Tax evasion”);

(20) § 6–329 (“Destruction of evidence”); and

(21) § 6–330 (“Perjury”).

(b) The following sections of Title 6, Subtitle 3 (“Prohibited Acts”) of Division I of this article apply in the county:

(1) § 6–308 (“Allowing on–premises consumption of alcoholic beverages not purchased from license holder”), subject to § 16–2702 of this subtitle;

(2) § 6–319 (“On–premises consumption of alcoholic beverages not purchased from license holder”), subject to § 16–2702 of this subtitle; and

(3) § 6–322 (“Possession of open container”), subject to § 16–2703 of this subtitle.
Md. Code, Criminal Procedure § 16-212 — MD Code / Article gcp / Title 16 / Subtitle 2 / Section 16-212
§16–212.
Status: in_force

(a) The reasonable value of the services rendered to an indigent individual in accordance with this title is a lien on real or personal property in which the indigent individual has or acquires an interest, except for the residence of the indigent individual.

(b) To perfect the lien, the Public Defender shall submit to the court having jurisdiction in the matter an affidavit setting forth the services rendered to the indigent individual and their reasonable value.

(c) (1) The court shall set a hearing date and shall notify the indigent individual of the date and the fact that the Public Defender filed an affidavit to perfect the lien.

(2) The indigent individual may:

(i) appear;

(ii) be represented by an attorney;

(iii) present evidence; and

(iv) examine witnesses.

(3) The indigent individual may contest the affidavit.

(4) If the court determines that the Public Defender is not entitled to a lien, the proceeding shall be dismissed.

(5) If the court determines that the Public Defender is entitled to a lien, the court shall determine the reasonable value of the services rendered to the indigent individual.

(d) (1) On adjudication, a lien shall be filed or docketed with the clerk of the circuit court or District Court where the services were performed or where the indigent individual works or resides.

(2) The lien shall:

(i) constitute a lien on the indigent individual’s property for 10 years from the date of filing or docketing unless the lien is discharged sooner; and

(ii) have the force and effect of a judgment at law.

(3) (i) The clerks of the circuit courts and the District Court shall provide separate books to record liens under this section.

(ii) The books shall be properly indexed in the name of the debtor.

(iii) The Public Defender may not be required to pay filing or recording fees.
Md. Code, Land Use § 16-401 — MD Code / Article glu / Title 16 / Subtitle 4 / Section 16-401
§16–401.
Status: in_force

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

(b) (1) “Adversely affect” means to:

(i) eliminate more than two employee positions assigned to perform bargaining unit work if the positions are:

1. authorized;

2. fully funded; and

3. A. vacant for less than 90 days; or

B. occupied at the time the Commission solicits a service contract; or

(ii) permanently and involuntarily reduce:

1. below the number of hours for regular full–time employment for more than five employees currently assigned to a regular full–time work schedule to perform bargaining unit work when the Commission solicits a service contract;

2. the pay grade for more than five employees currently assigned to a regular full–time work schedule to perform bargaining unit work when the Commission solicits a service contract; or

3. the base pay or fringe benefits otherwise applicable to a job classification covering more than five employees currently assigned on a full–time basis to perform bargaining unit work when the Commission solicits a service contract.

(2) “Adversely affect” does not include an action the Commission takes in accordance with:

(i) a bona fide disciplinary proceeding;

(ii) an applicable collective bargaining agreement in accordance with Subtitle 2 of this title; or

(iii) a reallocation or reassignment to another bargaining unit work or other duties that does not result in a change in job classification or grade.

(c) “Bargaining unit work” means work duties assigned or allocated to a position occupied within the preceding 90 days by an employee who is represented by a certified representative.

(d) “Certified representative” means an employee organization certified as an exclusive representative in accordance with Subtitle 2 of this title.

(e) “Secretary–treasurer” means the secretary–treasurer of the Commission.

(f) “Service contract” means a procurement contract for services that will be provided to the Commission.
Md. Code, Insurance § 16-205 — MD Code / Article gin / Title 16 / Subtitle 2 / Section 16-205
§16–205.
Status: in_force

(a) Each policy of life insurance shall contain a provision that if the age of the insured or of any other individual whose age is considered in determining the premium or benefit has been misstated, the amount payable or benefit accruing under the policy shall be the amount or benefit that the premium would have purchased had the correct age been stated.

(b) (1) If an application or policy expressly limits the insurable age and the correct age at the date of issue is outside the insurable age limit, the policy is voidable at the option of the insurer during the lifetime of the insured, but not later than 3 years after the date of issue of the policy.

(2) If the insurer exercises the option to void the policy, the insurer shall return to the insured the aggregate of gross premiums charged on the policy, less:

(i) dividends paid in cash or used to pay premiums on the policy; and

(ii) any indebtedness to the insurer on the policy, including interest due and accrued.

(3) The insurer may not exercise the option to void the policy more than 30 days after the correct age is established.

(4) Subject to paragraph (5) of this subsection, if the insurer does not exercise the option to void the policy or if the age discrepancy is not discovered within 3 years after the date of issue of the policy, the insurer may not void the policy and the amount payable shall be determined in accordance with subsection (a) of this section.

(5) If the premium rates of the insurer at the date of issue of the policy do not include a rate for the correct age, the amount payable shall be determined in accordance with established actuarial principles.
Md. Code, Business Regulation § 16-213 — MD Code / Article gbr / Title 16 / Subtitle 2 / Section 16-213
§16–213.
Status: in_force

A party to a proceeding before the Executive Director who is aggrieved by a final decision of the Executive Director in a contested case, as defined in § 10–202 of the State Government Article, may take an appeal as allowed in §§ 10–222 and 10–223 of the State Government Article.
Md. Code, Insurance § 16-212 — MD Code / Article gin / Title 16 / Subtitle 2 / Section 16-212
§16–212.
Status: in_force

(a) (1) Each policy of life insurance shall have the name of the beneficiary designated on the policy, or in the application or another form if attached to the policy, with a reservation of the right to designate or change the beneficiary after the policy is issued, unless the beneficiary is irrevocably designated.

(2) An insurer may include in the policy a provision that a designation or change of beneficiary is not binding on the insurer until endorsed on the policy or otherwise accepted by the insurer.

(b) (1) Subject to paragraph (2) of this subsection, a policy of life insurance may provide that the insurer may make a payment under the policy to:

(i) the estate of the insured;

(ii) any relative of the insured by blood, legal adoption, or connection by marriage; or

(iii) a person that appears to the insurer to be equitably entitled to the benefits because the person is a named beneficiary or has incurred expenses for the maintenance, medical attention, or burial of the insured.

(2) The insurer may make a payment under paragraph (1) of this subsection only if:

(i) within the period stated in the policy, which may not be less than 30 days after the death of the insured, the beneficiary designated in the policy does not make a claim under the policy or does not surrender the policy with proof of death;

(ii) the beneficiary is the estate of the insured;

(iii) the beneficiary is a minor;

(iv) the beneficiary dies before the insured; or

(v) the beneficiary is not legally competent to give a valid release.

(3) A policy of life insurance may include a provision that is similar to that described in paragraphs (1) and (2) of this subsection and is applicable to any other payment due under the policy.

(4) A policy of industrial life insurance also may provide that the insurer may refuse to endorse the name of any proposed beneficiary who does not appear to the insurer to have an insurable interest in the life of the insured.
Md. Code, Land Use § 16-311 — MD Code / Article glu / Title 16 / Subtitle 3 / Section 16-311
§16–311.
Status: in_force

(a) This subtitle and any collective bargaining agreement made under it may not impair the rights and responsibilities of the Commission to:

(1) determine the overall budget and mission of the Commission;

(2) maintain and improve the efficiency and effectiveness of operations;

(3) determine the services to be rendered and the operations to be performed;

(4) determine the location of facilities and the overall organizational structure, methods, processes, means, job classifications, and personnel by which operations are to be performed;

(5) direct and supervise employees;

(6) hire, select, and establish the standards governing promotion of employees and classify positions;

(7) relieve employees from duties because of lack of work or funds or when the Commission determines continued work would be inefficient or nonproductive;

(8) transfer and schedule employees;

(9) determine the size, grades, and composition of the workforce;

(10) set the standards of productivity and technology;

(11) establish employee performance standards and evaluate and assign employees, except that evaluation and assignment procedures shall be a subject for collective bargaining;

(12) establish and implement systems for awarding outstanding service increments, extraordinary performance awards, and other merit awards;

(13) introduce new or improved technology, research development, and services;

(14) control and regulate the use of machinery, equipment, and other property and facilities of the Commission, subject to negotiation related to matters affecting the health and safety of employees;

(15) maintain internal security standards;

(16) create, alter, combine, contract out, or abolish any job classification, operation, department, unit, or other division or service, subject to subsection (b) of this section;

(17) suspend, discharge, or otherwise discipline employees for cause, subject to the grievance procedure set forth in a collective bargaining agreement; and

(18) adopt and enforce regulations and policies necessary to carry out this section and all other managerial functions that are not inconsistent with federal or State law or the terms of a collective bargaining agreement.

(b) The Commission may not sign a contract that will displace employees in the bargaining unit unless the Commission gives written notice to the exclusive representative of the bargaining unit at least 90 days before signing the contract or within a different period of time agreed to by the parties.

(c) This section may not preclude or impair collective bargaining as to any subject matter included in any written collective bargaining agreement made between the Commission and the exclusive representative of the bargaining unit on or before December 31, 2001.
Md. Code, Education § 16-410 — MD Code / Article ged / Title 16 / Subtitle 4 / Section 16-410
§16–410.
Status: in_force

(a) The Board of Community College Trustees for Howard County consists of nine members appointed by the Governor with the advice and consent of the Senate.

(b) (1) Of the members, at least eight:

(i) Shall be residents of Howard County at the time of appointment; and

(ii) Shall maintain residency in Howard County throughout the term of appointment.

(2) The following, whichever is greater, shall constitute a quorum:

(i) Four members; or

(ii) A majority of members actively serving.

(c) Each meeting of the Board shall include an opportunity for public comment.

(d) (1) The Board shall make a video or audio recording of each meeting of the Board.

(2) The Board shall make a recording required under paragraph (1) of this subsection available to the public on the Board’s website without charge and, to the extent practicable, within 2 business days after the recording is made.

(e) As part of ongoing training for Board members and at least every 2 years, the Board members shall undergo training specific to board governance, structure, responsibilities, and roles.

(f) (1) Each year, the Board shall select an independent, nationally recognized survey instrument to carry out an anonymous survey on employee satisfaction at Howard Community College, and submit an unedited report on its survey findings directly to the Board.

(2) The Board shall redact any human resources or personnel–related feedback before any public release of survey results.
Md. Code, Commercial Law § 16-301 — MD Code / Article gcl / Title 16 / Subtitle 3 / Section 16-301
§16–301.
Status: in_force

In this subtitle, “artisan” includes any laborer, mechanic, repairman, tradesman, dry cleaner, and launderer.
Md. Code, Education § 16-419 — MD Code / Article ged / Title 16 / Subtitle 4 / Section 16-419
§16–419.
Status: in_force

(a) The Board of Community College Trustees for Washington County consists of seven members appointed by the Governor with the advice and consent of the Senate.

(b) Each of the members:

(1) Shall be residents of Washington County at the time of appointment; and

(2) Shall maintain residency in Washington County throughout the term of appointment.
Md. Code, Business Regulation § 16-602 — MD Code / Article gbr / Title 16 / Subtitle 6 / Section 16-602
§16–602.
Status: in_force

§16–602. IN EFFECT

** CONTINGENCY – IN EFFECT – CHAPTER 497 OF 2007 **

(a) Except as provided in § 16–602.1 of this subtitle, cigarettes may not be manufactured in this State or sold or offered for sale to any person in this State unless:

(1) the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section; and

(2) the manufacturer has filed a written certification with the Executive Director in accordance with § 16–603 of this subtitle.

(b) The performance standard for cigarettes sold or offered for sale in the State includes all of the requirements in subsection (e)(1) of this section.

(c) (1) Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) standard E2187–04 “Standard Test Method for Measuring the Ignition Strength of Cigarettes”.

(2) The Executive Director, in consultation with the State Fire Prevention Commission, may adopt a subsequent ASTM standard test method for measuring the ignition strength of cigarettes on a finding that the subsequent method does not result in a change in the percentage of full–length burns exhibited by any tested cigarette when compared to the percentage of full–length burns the same cigarette would exhibit when tested in accordance with ASTM standard E2187–04 and the performance standard of this section.

(d) Testing of cigarettes shall be conducted on 10 layers of filter paper.

(e) (1) No more than 25% of the cigarettes tested in a test trial shall exhibit full–length burns.

(2) Forty replicate tests shall comprise a complete test trial for each cigarette tested.

(f) The performance standard required by this section shall only be applied to a complete test trial.

(g) (1) Each laboratory that conducts tests in accordance with this section shall:

(i) have current accreditation pursuant to Standard ISO/IEC 17025 of the International Organization for Standardization, subsequent laboratory standardization, or another comparable accreditation as determined by the Executive Director; and

(ii) implement a quality control and quality assurance program that includes a procedure to determine the repeatability of the testing results.

(2) The repeatability value shall be no greater than 0.19.

(h) (1) Each cigarette listed in a certification that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard of this section shall have at least two nominally identical bands on the paper surrounding the tobacco column.

(2) At least one complete band shall be located at least 15 millimeters from the lighting end of the cigarette.

(3) For a cigarette on which the bands are positioned by design, at least two bands shall be located at least 15 millimeters from the lighting end and 10 millimeters from the filter end of the tobacco column.

(4) For an unfiltered cigarette, the two complete bands shall be located at least 15 millimeters from the lighting end and 10 millimeters from the labeled end of the tobacco column.

(i) (1) If the Executive Director determines that a cigarette cannot be tested in accordance with the test method required by this section, the manufacturer of the cigarette shall propose to the Executive Director a test method and performance standard for that cigarette.

(2) The Executive Director, in consultation with the State Fire Prevention Commission, may approve a test method and performance standard that the Executive Director determines is equivalent to the requirements of this section, and the manufacturer may use that test method and performance standard for certification of a cigarette in accordance with § 16–603 of this subtitle.

(3) (i) The Executive Director, in consultation with the State Fire Prevention Commission, shall approve a test method and performance standard used in another state if the Executive Director determines that:

1. the other state has enacted a reduced cigarette ignition propensity standard that includes a test method and performance standard that are the same as the requirements of this section; and

2. the officials responsible for implementing the requirements in the other state have approved of the alternative test method and performance standard for a particular cigarette under a legal provision comparable to this section.

(ii) A manufacturer may use a test method and performance standard approved under subparagraph (i) of this paragraph for certification in accordance with § 16–603 of this subtitle of the cigarette used in the approved test method.

(j) This section does not require additional testing for cigarettes that are tested in a manner consistent with the requirements of this section for any other purpose.

(k) (1) Each manufacturer shall retain copies of the reports of all tests conducted on all cigarettes offered for sale for 3 years.

(2) (i) On request, the manufacturer shall provide the data retained under paragraph (1) of this subsection to the Executive Director, the State Fire Prevention Commission, or the Attorney General within 60 days after receiving the request, for the purpose of ensuring compliance with this section.

(ii) A manufacturer who does not provide the data within 60 days of a request is subject to a civil penalty not to exceed $10,000 for each day after the 60th day that the violation continues.

(l) This subtitle shall be implemented in accordance with the implementation and substance of the New York fire safety standards for cigarettes.
Md. Code, Alcoholic Beverages and Cannabis § 16-2702 — MD Code / Article gab / Title 16 / Subtitle 27 / Section 16-2702
§16–2702.
Status: in_force

Sections 6–308 and 6–319 of this article do not apply to:

(1) a holder of a temporary license; or

(2) an individual consuming alcoholic beverages on the licensed premises of a holder of a temporary license.
Md. Code, Education § 16-504 — MD Code / Article ged / Title 16 / Subtitle 5 / Section 16-504
§16–504.
Status: reserved

(a) The government of the College is vested in the Board of Trustees of the College.

(b) (1) The Board of Trustees consists of nine voting members:

(i) Six members appointed by the Governor with the advice and consent of the Senate, including the student member;

(ii) One member jointly appointed by the President of the Senate and the Speaker of the House of Delegates, who shall serve as chair of the Board;

(iii) The Chief Executive Officer of the Baltimore City Public Schools, or the Chief Executive Officer’s designee, who shall serve as an ex officio member; and

(iv) The Executive Director of the Mayor’s Office of Employment Development, who shall serve as an ex officio member.

(2) Of the members:

(i) Each shall be a resident of the State;

(ii) A majority shall be residents of Baltimore City; and

(iii) One shall be a regularly enrolled student in good standing at the College.

(3) The members of the Board shall, to the extent practicable, consist of at least:

(i) One individual with a background in higher education;

(ii) One individual with a background in procurement and finance;

(iii) One individual with a background in workforce development; and

(iv) One high level executive from a large employer located in Baltimore City.

(c) (1) The student member shall have a term of 1 year beginning July 1 and ending on June 30.

(2) Except for the student member, the term is 6 years from July 1 of the year of appointment and until a successor is appointed and qualifies.

(3) The terms of the members are staggered, as required by the terms provided for members of the Board on July 1, 2017.

(4) A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term or until a successor is appointed and qualifies.

(5) A member may be reappointed but may not serve more than 2 consecutive full terms.

(d) Each member of the Board of Trustees:

(1) Serves without compensation; and

(2) Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.

(e) Except as provided in subsection (b)(1)(ii) of this section, the Board of Trustees may elect any other officers it requires.

(f) (1) The Board of Trustees shall meet regularly at such times and places as it determines.

(2) The Board of Trustees may adopt rules for the conduct of its meetings and the transaction of business.

(g) A majority of the voting members shall constitute a quorum for the transaction of business.
Md. Code, Local Government § 16-112 — MD Code / Article glg / Title 16 / Subtitle 1 / Section 16-112
§16–112.
Status: in_force

Each fiscal year, each county shall pay to each municipality in the county an amount of money equal to the amount received by the municipality for fiscal year 1967 to fiscal year 1968 under former Art. 81, § 30(d) of the Annotated Code, relating to apportionment of shares of taxes on banks and finance corporations.
Md. Code, Business Occupations and Professions § 16-5B-19 — MD Code / Article gbo / Title 16 / Subtitle 5B / Section 16-5B-19
§16–5B–19.
Status: in_force

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

(2) “AMC fee” means the appraisal management company annual federal registry fee.

(3) “Appraisal Subcommittee” means the Appraisal Subcommittee of the Federal Financial Institutions Examinations Council.

(4) “Fund” means the Appraisal Management Company Annual Federal Registry Fee Fund.

(b) (1) There is an Appraisal Management Company Annual Federal Registry Fee Fund.

(2) The purpose of the Fund is to hold the AMC fee collected from each registered appraisal management company in accordance with § 1109(a)(4) of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as amended by the Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010, until transmittal to the Appraisal Subcommittee.

(3) The Director of the Commission shall administer the Fund.

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

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

(5) The Fund consists only of the AMC fee collected from each registered appraisal management company by the Commission and deposited in the Fund each year.

(6) The Fund may be used only for the holding of AMC fees until transmittal to the Appraisal Subcommittee by the Commission at the designated time each year.

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

(ii) Any interest earnings of the Fund shall be credited to the General Fund of the State.

(c) (1) Each year, the Commission shall:

(i) collect from each registered appraisal management company the AMC fee and deposit the AMC fee into the Fund; and

(ii) transmit to the Appraisal Subcommittee the AMC fees held in the Fund.

(2) The schedule of AMC fees is as established by the Appraisal Subcommittee.

(d) Each year, the Commission shall send to the Appraisal Subcommittee:

(1) a roster of the appraisal management companies registered with the Commission; and

(2) a report on any fully adjudicated disciplinary actions taken against or any final decisions concerning an appraisal management company.
Md. Code, Education § 16-302 — MD Code / Article ged / Title 16 / Subtitle 3 / Section 16-302
§16–302.
Status: in_force

(a) Notwithstanding any other provisions of this subtitle, and subject to funds being appropriated, the Board of Community College Trustees for Allegany County, Anne Arundel County, Baltimore County, Carroll County, Cecil County, the College of Southern Maryland, Chesapeake College, Frederick County, Garrett County, Hagerstown Community College, Harford County, Howard County, Montgomery County, Prince George’s County, or Wor–Wic Community College may borrow money to acquire an interest in personal property, including fixtures, for the operation of the community college, on terms and conditions that the Board of Trustees considers proper.

(b) A borrowing under this section may be secured by the personal property acquired or revenues derived from the property.

(c) All multiyear financing agreements reflecting borrowing under this section shall be subject to cancellation by the Board of Trustees at the end of a fiscal year if sufficient funds are not appropriated to fund the agreement in subsequent years.

(d) (1) Borrowing under this section does not create or constitute a debt or obligation of the State or any political subdivision of the State other than a community college.

(2) Borrowing under this section does not constitute a debt or obligation of the General Assembly or pledge the faith and credit of the State within the meaning of Article III, § 34 of the Maryland Constitution.

(e) (1) This subsection does not apply to the Board of Community College Trustees for Garrett County.

(2) (i) Borrowing under this section shall be for the use of financing intermediate term lease purchasing agreements.

(ii) The term of any lease purchase agreement entered into under this section may not exceed the estimated life of the equipment subject to the financing agreement.

(f) (1) The Board of Community College Trustees for Garrett County may enter into a lease purchase agreement if the lease purchase agreement is consistent with the provisions of this section.

(2) The term of any lease purchase agreement entered into by the Board of Community College Trustees for Garrett County may not exceed the estimated life of the equipment subject to the financing agreement.
Md. Code, Insurance § 16-105 — MD Code / Article gin / Title 16 / Subtitle 1 / Section 16-105
§16–105.
Status: reserved

(a) This section does not apply to policies or contracts issued to an employee in connection with the funding of a pension, annuity, or profit-sharing plan that is qualified or exempt under § 401, § 403, § 404, or § 501 of the Internal Revenue Code, if participation in the plan is a condition of employment.

(b) Each policy of life insurance or annuity contract subject to this title shall have attached to or prominently printed on its face the following information:

(1) a notice to the policyholder that:

(i) for 10 days after the date the policy or annuity contract is delivered to the policyholder, the policyholder may surrender the policy or annuity contract to the insurer for cancellation by giving the insurer written notice of cancellation; and

(ii) the insurer shall return to the policyholder a pro rata premium for the unexpired term of the policy or annuity contract; or

(2) a similar notice to the policyholder that in the opinion of the Commissioner is not less favorable to the policyholder.
Md. Code, Transportation § 16-202 — MD Code / Article gtr / Title 16 / Subtitle 2 / Section 16-202
§16–202.
Status: in_force

(a) The privilege given to a nonresident to drive a motor vehicle on highways in this State may be suspended or revoked by the Administration in the same way and for the same reasons that a driver’s license issued under this title may be refused, suspended, or revoked.

(b) If the Administration receives a record of the conviction in this State of a nonresident driver of any offense under the motor vehicle laws of this State, the Administration may send a certified copy of the record to the motor vehicle administrator in the state in which the convicted person resides or is licensed to drive.

(c) If, after an appeal is taken or on failure to take an appeal, a nonresident’s privilege to drive is suspended, the Administration shall send written information of the suspension to the motor vehicle administrator of the state in which the person resides and of any other state in which he is licensed to drive.
Md. Code, Transportation § 16-818 — MD Code / Article gtr / Title 16 / Subtitle 8 / Section 16-818
§16–818.
Status: in_force

(a) An applicant for a commercial driver's license shall pay the Administration the following fees established by the Administration:

(1) Upon application for a new commercial driver's license or a commercial driver's license of a class other than that which the applicant holds:

(i) The base license fee if a commercial driver's instructional permit is required or an amount established by the Administration if an instructional permit is not required;

(ii) A commercial driver's license fee; and

(iii) The applicable fees listed in subsection (b) of this section;

(2) For the renewal of any class of commercial driver's license:

(i) A renewal fee;

(ii) A commercial driver's license fee; and

(iii) The applicable fees listed in subsection (b) of this section;

(3) For the conversion of a Maryland Class A, B, C, or D driver's license to a commercial driver's license:

(i) A renewal fee;

(ii) A commercial driver's license fee; and

(iii) The applicable fees listed in subsection (b) of this section; and

(4) For issuance of a duplicate or corrected commercial driver's license, a duplicate or corrected driver's license fee.

(b) In addition to the fees required by subsection (a) of this section, the applicant shall pay the Administration a fee established by the Administration for a required skills test or for a skills retest.

(c) Fees collected under this section:

(1) Shall be deposited in the Transportation Trust Fund; and

(2) Are not subject to the provisions of Title 8, Subtitle 4 of this article on the disposition of highway user revenues.
Md. Code, Health - General § 16-404 — MD Code / Article ghg / Title 16 / Subtitle 4 / Section 16-404
§16–404.
Status: in_force

(a) If there is any insurance, group health plan, or prepaid medical care coverage for part or all of the cost of the care provided, the Department shall seek to collect the proceeds of the insurance, plan, or coverage to the full extent required to pay for the charges for services set under § 16–201 of this title. The insured or policyholder may not withhold the payment and shall assign to the Department any benefits available under the policy for services rendered by the Department to any insured covered by the policy.

(b) The liability of a chargeable person for services provided to an individual with an intellectual disability may not exceed the greater of:

(1) The sum of any proceeds of insurance, group health plan, or prepaid medical care that the insurer or plan pays because of liability for the payment of or repayment for the cost of care provided to the individual; or

(2) The lesser of:

(i) The amount determined under § 16–405 of this subtitle; or

(ii) The amount set by the Department under § 16–203(b) of this title.

(c) The liability of responsible relatives for the cost of care of an individual with an intellectual disability in a residential, State facility ceases when the cost of care of the individual with an intellectual disability has been charged for a period or periods that total 16 years.
Md. Code, Education § 16-416 — MD Code / Article ged / Title 16 / Subtitle 4 / Section 16-416
§16–416.
Status: in_force

(a) There is a program of county scholarships for not more than 200 students at Prince George’s Community College.

(b) The county scholarships shall be awarded by the Community College on the basis of:

(1) Academic merit; and

(2) Financial need.

(c) Each scholarship shall pay for tuition for 1 year.

(d) Each year, the Prince George’s County Executive shall include money for the county scholarships in the county budget.
Md. Code, Environment § 16-204 — MD Code / Article gen / Title 16 / Subtitle 2 / Section 16-204
§16–204.
Status: in_force

(a) Any person that satisfies subsection (b) of this section may petition the circuit court in the county where the land is located within 30 days after receiving the decision of the Board. The appeal shall be heard on the record compiled before the Board.

(b) A party has standing to file a petition under subsection (a) of this section if the party:

(1) Meets the threshold standing requirements under federal law; and

(2) (i) Is the applicant; or

(ii) Participated in a public participation process through the submission of written or oral comments, unless an opportunity for public participation was not provided.

(c) (1) A contested case hearing may not occur on a decision of the Board in accordance with § 16–202 of this subtitle.

(2) Judicial review under this section shall be conducted in accordance with Title 1, Subtitle 6 of this article.
Md. Code, Business Regulation § 16-305 — MD Code / Article gbr / Title 16 / Subtitle 3 / Section 16-305
§16–305.
Status: in_force

A county licensee shall display the county license in a conspicuous place:

(1) in the place of business for which it is issued; or

(2) on the premises where the machine is located, if the licensee sells cigarettes through a vending machine.
Md. Code, Housing and Community Development § 16-210 — MD Code / Article ghs / Title 16 / Subtitle 2 / Section 16-210
§16–210.
Status: in_force

A bond stating in substance that it has been issued by the Montgomery Commission to help finance a housing project for persons of eligible income shall be considered to have been issued for that purpose in a proceeding in which the validity or enforceability of the bond or the security for the bond is in question.
Md. Code, Transportation § 16-805 — MD Code / Article gtr / Title 16 / Subtitle 8 / Section 16-805
§16–805.
Status: in_force

(a) (1) Any driver of a commercial motor vehicle holding a driver’s license issued by this State, who is convicted of violating any federal law, State law, or local ordinance relating to operating a motor vehicle in any other state, other than parking violations, shall notify the Administration in the manner specified by the Administration within 30 days of the date of conviction.

(2) Any driver of a commercial motor vehicle holding a commercial driver’s license issued by this State, who is convicted of violating any federal law, State law, or local ordinance relating to operating a motor vehicle in this or any other state, other than parking violations, shall notify the driver’s employer in writing of the conviction within 30 days of the date of conviction.

(b) Any driver of a commercial motor vehicle whose driver’s license is suspended, revoked, or canceled by any state, or who is disqualified from driving a commercial motor vehicle for any period, shall notify the driver’s employer of the suspension, revocation, cancellation, or disqualification before the end of the business day following the day that the driver received notice of that fact.

(c) Any individual who applies for employment as a driver of a commercial motor vehicle shall provide the employer, at the time of the application, with the following information for the 10 years preceding the date of application:

(1) A list of the names and addresses of the applicant’s previous employers for which the applicant was a driver of a commercial motor vehicle;

(2) The dates the applicant was employed by each employer; and

(3) The reason for leaving that employment.

(d) An applicant for employment as a driver of a commercial motor vehicle shall certify that all information furnished on the application is true and complete.

(e) Unless otherwise prohibited by law, an employer may require an applicant to provide information in addition to that required by subsection (c) of this section.
Md. Code, Alcoholic Beverages and Cannabis § 16-1306 — MD Code / Article gab / Title 16 / Subtitle 13 / Section 16-1306
§16–1306.
Status: in_force

(a) There is a beer tasting (BT) license.

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

(c) The license authorizes the holder to allow the consumption of beer for tasting if:

(1) the license holder is authorized to sell the beer; and

(2) the consumer is not charged for the beer.

(d) The Board shall regulate:

(1) the quantity of beer served to each individual;

(2) the number of bottles or other containers of beer from which this quantity is served; and

(3) the size of the bottles or other containers.

(e) In addition to the cost of a BW license or BWL license, the annual license fee is $100.
Md. Code, Housing and Community Development § 16-101 — MD Code / Article ghs / Title 16 / Subtitle 1 / Section 16-101
§16–101.
Status: in_force

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

(b) “Commissioner” means a Commissioner of the Montgomery Commission.

(c) “Housing project” means an undertaking or project, including lands, buildings and improvements, and real and personal property, that is planned, acquired, owned, used, developed, constructed, reconstructed, rehabilitated, or improved to provide:

(1) housing, a substantial part of which is for persons of eligible income; and

(2) streets, roads, sewer and water service, and other supporting public or private commercial, educational, cultural, recreational, community, or civic facilities needed for sound community development.

(d) “Montgomery Commission” means the Housing Opportunities Commission of Montgomery County.

(e) “Person of eligible income” means an individual or family that qualifies under § 16-108 of this subtitle.
Md. Code, Transportation § 16-112 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-112
§16–112.
Status: in_force

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

(2) “Credential holder” has the meaning stated in § 16–1001 of this title.

(3) “Display” means the manual surrender of the licensee’s license into the hands of the demanding officer for inspection.

(4) “Electronic credential” has the meaning stated in § 16–1001 of this title.

(b) Each individual driving a motor vehicle on any highway in this State shall have his license with him.

(c) (1) Each individual driving a motor vehicle on any highway in this State shall display the license to any uniformed police officer who demands it.

(2) A credential holder is deemed to have satisfied the display requirement under paragraph (1) of this subsection only if the uniformed police officer is able to access the verification system authorized under § 16–1003 of this title.

(d) Each individual driving a motor vehicle on any highway in this State shall, if requested by the officer, sign his usual signature in the presence of the officer so that the officer may determine whether he is the licensee.

(e) A person may not give the name of another person or give a false or fictitious name to any uniformed police officer who is attempting to determine the identity of a driver of a motor vehicle.
Md. Code, Housing and Community Development § 16-208 — MD Code / Article ghs / Title 16 / Subtitle 2 / Section 16-208
§16–208.
Status: in_force

(a) On request of the Montgomery Commission, the county may allocate by local law a part of the total guarantee authorized by this subtitle in an amount that the local law determines.

(b) (1) Without further approval by the County Council, the County Executive may approve by executive order the use of all or part of the allocation authorized under subsection (a) of this section as a bond guarantee.

(2) The Montgomery Commission may then issue bonds guaranteed by as much of the allocation as the County Executive has approved as a bond guarantee, and the proceeds of the bonds shall be used to:

(i) finance wholly or partly mortgage loans secured by housing; and

(ii) fund related reserves and costs approved under this subtitle.
Md. Code, Housing and Community Development § 16-310 — MD Code / Article ghs / Title 16 / Subtitle 3 / Section 16-310
§16–310.
Status: in_force

(a) (1) If the parties have not reached an agreement on or before December 1 on a collective bargaining agreement that would become effective the following July 1, the parties shall jointly appoint a mediator–arbitrator panel.

(2) If the parties are unable to agree on a jointly appointed mediator–arbitrator as required under § 16–311 of this subtitle, the labor relations administrator shall name the jointly appointed mediator–arbitrator on or before December 7.

(3) Notwithstanding appointment of the mediator–arbitrator panel, this subsection does not require beginning mediation–arbitration before the date set forth in subsection (b)(2) of this section.

(b) (1) During the collective bargaining:

(i) either party may declare an impasse and request the services of the mediator–arbitrator panel; or

(ii) the parties may jointly request the services of a mediator–arbitrator panel before an impasse is declared.

(2) If the mediator–arbitrator panel finds in the discretion of the panel that the parties are at a bona fide impasse, or on February 1, if they still have not agreed on a contract, whichever happens first, the mediator–arbitrator panel shall require the parties to submit:

(i) a joint memorandum listing all items to which the parties have previously agreed; and

(ii) a separate memorandum of the party’s last final offer presented in negotiations on all items to which the parties have not previously agreed.

(c) (1) On or before February 10, if the parties have not agreed on a contract, the mediator–arbitrator panel shall hold a nonpublic hearing on the parties’ proposals at a time, date, and place chosen by the mediator–arbitrator panel.

(2) Each party shall submit evidence or make oral and written argument in support of the party’s last final offer.

(3) The mediator–arbitrator panel may not open the hearing to a person who is not a party to the mediation–arbitration.

(d) (1) On or before February 15, the mediator–arbitrator panel shall issue a report choosing the final offer that the mediator–arbitrator panel determines to be more reasonable when viewed as a whole.

(2) Subject to paragraph (3) of this subsection, in determining the more reasonable offer, the mediator–arbitrator panel may consider only:

(i) past collective bargaining contracts between the parties, including the bargaining history that led to the agreement or the precollective bargaining history of employee wages, hours, benefits, and other working conditions;

(ii) a comparison of wages, hours, benefits, and conditions of employment of similar employees of other public employers in the Washington Metropolitan Area and in the State;

(iii) a comparison of wages, hours, benefits, and conditions of employment of similar employees of private employers in Montgomery County;

(iv) the public interest and welfare;

(v) the ability of the employer to finance any economic adjustments required under the proposed agreement;

(vi) the effects of any economic adjustments on the standard of public services normally provided by the employer; and

(vii) the annual increase or decrease in consumer prices for all items as shown in the most recent Consumer Price Index – Wage Earners and Clerical Workers (“CPI–W”) for the Washington Metropolitan Area.

(3) In considering the terms and conditions of the final offer regarding wages, the mediator–arbitrator panel shall first consider and give the highest priority to the ability of the Montgomery Commission to pay for additional short–term and long–term expenses by considering:

(i) the limits on the ability of the Montgomery Commission to raise revenue;

(ii) the added burden raising revenue would have on customers of the Montgomery Commission; and

(iii) the ability of the Montgomery Commission to continue providing the current level of service to its customers.

(4) In determining the more reasonable offer, the mediator–arbitrator panel shall consider that all items on which the parties agreed before the mediation–arbitration are integrated with each offer.

(5) The mediator–arbitrator panel may not receive or consider the history of collective bargaining relating to the immediate dispute, including any offers of settlement not contained in the offer submitted to the mediator–arbitrator panel.

(e) The mediator–arbitrator panel may not compromise or alter the final offer that the mediator–arbitrator panel chooses.

(f) (1) Subject to paragraphs (2) and (5) of this subsection and without ratification by the parties, the offer that the mediator–arbitrator panel chooses as integrated with the items on which the parties previously agreed is the final agreement between the Montgomery Commission and the exclusive representative.

(2) The economic provisions of the final agreement are subject to funding by the Montgomery Commission.

(3) Except as provided in paragraph (5) of this subsection, the Montgomery Commission shall appropriate money in the Montgomery Commission’s final budget for all economic provisions of the final agreement.

(4) The parties shall execute an agreement that incorporates the final agreement, including arbitration awards and all issues agreed to under this section.

(5) (i) On or before April 1 or a later date determined by mutual agreement of the parties due to extenuating circumstances, the Executive Director of the Montgomery Commission shall submit to the Montgomery Commission any term or condition of the final offer that requires:

1. an appropriation of funds or that may result in a present or future fiscal impact on the Montgomery Commission or its customers; or

2. action by the Montgomery Commission to implement the collective bargaining agreement.

(ii) The Montgomery Commission may accept or reject all or part of any term or condition that the Executive Director is required to submit under subparagraph (i) of this paragraph.

(g) The Montgomery Commission and the employee organization shall share the costs of the mediator–arbitrator panel’s services equally.
Md. Code, Alcoholic Beverages and Cannabis § 16-804 — MD Code / Article gab / Title 16 / Subtitle 8 / Section 16-804
§16–804.
Status: in_force

(a) There is a Class C beer and wine license.

(b) The license authorizes the license holder to sell beer and wine to a member of a club and a guest of the member, at retail, at the place described in the license, for on–premises consumption.

(c) The annual license fee is $70.
Md. Code, Election Law § 16-302 — MD Code / Article gel / Title 16 / Subtitle 3 / Section 16-302
§16–302.
Status: in_force

(a) A person may not fraudulently tamper with election records of any kind, whether on paper or in any other medium.

(b) A person who violates this section is guilty of a felony and is subject to imprisonment for not less than 1 year nor more than 5 years.
Md. Code, Environment § 16-503 — MD Code / Article gen / Title 16 / Subtitle 5 / Section 16-503
§16–503.
Status: in_force

(a) Whenever the Department believes a violation of any provision of this title or any regulation has occurred, the Department shall cause a written complaint to be served upon the alleged violator. The complaint shall specify the provision of law or regulation allegedly violated and the alleged fact that constitutes the violation. Subsequent to or concurrent with service of the complaint as provided in subsection (c) of this section, the Department may issue an order requiring necessary corrective action be taken within the time prescribed in its order.

(b) Any person named in the order may request in writing a hearing before the Department not later than 10 days after the date the order is served, in which case a hearing shall be scheduled within 10 days from the receipt of the request. A decision shall be rendered within 30 days from the date of the hearing. Notice of a hearing shall be served on the alleged violator in accordance with the provisions of subsection (c) of this section not less than 10 days before the time set for the hearing. The order shall become effective immediately according to its terms upon service.

(c) Except as otherwise provided, any notice, order, or other instrument issued by or under authority of the Department shall be served in accordance with § 1–204 of this article. Where service is made by mailing, proof of service may be made by the sworn statement or affidavit of the person who mailed the notice, order, or other instrument. The sworn statement or affidavit shall be filed with the Department.

(d) A verbatim record of the proceedings of hearings may be taken when necessary or advisable by the Department. A subpoenaed witness shall receive the same fees and mileage as in any civil action. If a witness refuses to obey a notice of hearing or subpoena issued under this section, any circuit court, upon the application of the Department, may issue an order requiring the person to appear, testify, or produce evidence as required. The failure to obey a court order may be punished by the court as contempt.

(e) (1) A person aggrieved by an order may appeal to the circuit court of the county in which the land is located.

(2) The court shall review the administrative record of the Department’s order.

(3) The court shall declare the Department’s order invalid if the court finds that the order:

(i) Is unconstitutional;

(ii) Exceeds the statutory authority or jurisdiction of the Department;

(iii) Results from an unlawful procedure;

(iv) Is affected by any other error of law;

(v) Is unsupported by competent, material, and substantial evidence in light of the entire record as submitted; or

(vi) Is arbitrary or capricious.
Md. Code, Business Regulation § 16-215 — MD Code / Article gbr / Title 16 / Subtitle 2 / Section 16-215
§16–215.
Status: in_force

(a) Unless authorized by a license, a person may not accept delivery of unstamped cigarettes.

(b) On receipt of a package of cigarettes, a retailer, subwholesaler, or vending machine operator immediately shall:

(1) examine the package to find out whether tobacco tax stamps are affixed properly to the package as required by § 12-304 of the Tax - General Article; and

(2) reject any unstamped or improperly stamped cigarettes by:

(i) returning them to the seller or consignor; or

(ii) delivering them to a common carrier for return to the seller or consignor.

(c) (1) There is a presumption that any unstamped cigarettes in the possession of a retailer, subwholesaler, vending machine operator, or wholesaler are held in violation of this subtitle.

(2) A retailer, subwholesaler, vending machine operator, or wholesaler who holds unstamped cigarettes has the burden to prove that the cigarettes are not held in violation of this subtitle.
Md. Code, Local Government § 16-309 — MD Code / Article glg / Title 16 / Subtitle 3 / Section 16-309
§16–309.
Status: in_force

(a) If the Legislative Auditor audits the financial records of a county, municipality, or special taxing district as provided in this subtitle, the county, municipality, or special taxing district shall pay the costs of the audit.

(b) (1) As soon as practical after completing an audit, the Legislative Auditor shall certify the total costs of the audit to the appropriate official of the county, municipality, or special taxing district.

(2) On receipt of the certification of costs, the official of the county, municipality, or special taxing district shall pay the Comptroller.
Md. Code, Health Occupations § 16-102 — MD Code / Article gho / Title 16 / Subtitle 1 / Section 16-102
§16–102.
Status: in_force

(a) This title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.

(b) This title does not affect the commercial sale or fitting of shoes or foot appliances.
Md. Code, Transportation § 16-117 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-117
§16–117.
Status: in_force

(a) The Administration shall keep a record of:

(1) Each driver’s license application that it receives;

(2) Each driver’s license that it issues; and

(3) Each licensee whose license to drive the Administration has suspended or revoked, and the reasons for the action.

(b) (1) The Administration shall file each accident report and abstract of court disposition records that it receives under the laws of this State.

(2) (i) The Administration shall keep convenient records or make suitable notations showing the convictions or traffic accidents in which each licensee has been involved and every probation before judgment disposition of any violation of the Maryland Vehicle Law. A record or notation of a probation before judgment disposition, or a first offense of driving with an alcohol concentration of 0.08 or more under § 16-205.1 of this title, shall be segregated by the Administration and shall be available only to:

1. The Administration;

2. Other driver licensing authorities;

3. The United States Secretary of Transportation;

4. Current and prospective employers, as defined in § 16-803(e) of this title, of drivers required to hold commercial drivers’ licenses;

5. The courts;

6. Criminal justice agencies; and

7. The defendant or the defendant’s attorney.

(ii) However, a record or notation of a probation before judgment, or a first offense of driving with an alcohol concentration of 0.08 or more under § 16-205.1 of this title, may not be received or considered by the courts until a plea of guilty or nolo contendere is made by the defendant or a finding of guilty is made by the court.

(3) These records or notations shall be made so that they are readily available for consideration by the Administration of any license renewal application and at any other suitable time.

(4) Accident reports and abstracts of court convictions pertaining to driving an emergency vehicle, if received by a person who was driving an emergency vehicle pursuant to the provisions of § 21-106 of this article, shall be segregated by the Administration and shall be available only to the Administration.

(5) Except as provided in this section, an employee of the Administration may not disclose any records or information regarding probation before judgment, or a first offense of driving with an alcohol concentration of 0.08 or more under § 16-205.1 of this title.

(c) If a charge of a Maryland Vehicle Law violation against any individual is dismissed by a court of competent jurisdiction, a record of the charge and dismissal may not be included in the individual’s driving record.
Md. Code, Education § 16-408 — MD Code / Article ged / Title 16 / Subtitle 4 / Section 16-408
§16–408.
Status: in_force

(a) (1) The Harford Community College Board of Trustees consists of nine members appointed from the county at large.

(2) Subject to paragraph (3) of this subsection, each of the members shall be:

(i) A resident of Harford County for the duration of the member’s term; and

(ii) Appointed by the Governor for terms of 5 years.

(3) No member may be a member of the Harford County Board of Education while serving as a member of the Board.

(b) A member of the Board may not serve for more than two consecutive 5–year terms.

(c) To the extent practicable, when appointing members to the Board, the Governor shall take into consideration the geographic and ethnic representation of Harford County so that all segments of the population of the county are represented on the Board.
Md. Code, Education § 16-503 — MD Code / Article ged / Title 16 / Subtitle 5 / Section 16-503
§16–503.
Status: in_force

(a) There is a Baltimore City Community College, formerly known as the New Community College of Baltimore located in Baltimore City, Maryland, which shall, with other educational institutions, provide the services and programs described in § 10-210 of this article.

(b) The College is an institution of higher education of the State of Maryland.

(c) Notwithstanding any other provision of this subtitle, the College shall be classified as a “local educational agency (LEA)”, as defined in federal law, for purposes of federal subsidies, grants, contracts, and other programs of support for which a community college is eligible.
Md. Code, Local Government § 16-101 — MD Code / Article glg / Title 16 / Subtitle 1 / Section 16-101
§16–101.
Status: in_force

(a) The fiscal year for each county, municipality, or special taxing district begins on July 1 of a calendar year and ends on June 30 of the next calendar year.

(b) Each county, municipality, and special taxing district shall use the fiscal year for:

(1) appropriating money;

(2) authorizing expenditures; and

(3) balancing books and accounts.
Md. Code, Local Government § 16-108 — MD Code / Article glg / Title 16 / Subtitle 1 / Section 16-108
§16–108.
Status: in_force

(a) In this section, “governmental charge” means a tax, a fee, or any other charge that a county or municipality collects.

(b) (1) A governing body of a county or municipality may allow a governmental charge to be paid by credit or debit card.

(2) The governing body of a county or municipality shall determine:

(i) the governmental charges that may be paid by credit or debit card; and

(ii) the types of credit or debit cards that will be accepted.

(c) (1) The governing body of a county or municipality may add a service charge to a governmental charge paid by a credit or debit card.

(2) The amount of the service charge:

(i) may not exceed the fee charged to the county or municipality for use of the credit or debit card; and

(ii) shall be determined at the time the governmental charge is paid.

(d) A county or municipality that allows governmental charges to be paid by credit or debit card shall provide notice with each property tax bill or other invoice for which payment by credit or debit card is authorized:

(1) that a credit or debit card may be used to pay the governmental charge;

(2) the types of credit and debit cards that may be used; and

(3) whether a service charge will be added to the governmental charge if a credit or debit card is used.
Md. Code, Housing and Community Development § 16-103 — MD Code / Article ghs / Title 16 / Subtitle 1 / Section 16-103
§16–103.
Status: in_force

This title applies only to Montgomery County.
Md. Code, Health Occupations § 16-302.1 — MD Code / Article gho / Title 16 / Subtitle 3 / Section 16-302.1
§16–302.
Status: in_force

§16–302.1.

(a) In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

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

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

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

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

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

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

(1) Is confidential;

(2) May not be redisseminated; and

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

(e) The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
Md. Code, Insurance § 16-120 — MD Code / Article gin / Title 16 / Subtitle 1 / Section 16-120
§16–120.
Status: in_force

Except as otherwise provided in this title, an insurer shall maintain records of insurance transactions related to each individual or group policy of life insurance and each individual or group annuity for a period of at least 7 years after the policy or annuity is no longer in effect.
Md. Code, Business Occupations and Professions § 16-701 — MD Code / Article gbo / Title 16 / Subtitle 7 / Section 16-701
§16–701.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, subject to the hearing provisions of § 16–602 of this title, the Commission may deny a real estate appraisal license to any applicant, deny a certificate to any applicant, reprimand any real estate appraiser licensee, reprimand any certificate holder, or suspend or revoke a real estate appraisal license or certificate if the real estate appraisal applicant, license holder, or certificate holder:

(i) fraudulently or deceptively obtains or attempts to obtain a license or certificate for the applicant, licensee, certificate holder, or for another;

(ii) fraudulently or deceptively uses a license or certificate;

(iii) commits an act or makes an omission in the provision of real estate appraisal services or certified real estate appraisal services that is an act of dishonesty, fraud, or misrepresentation if the applicant, licensee, or certificate holder intends:

1. to benefit substantially the applicant, licensee, certificate holder, or another person; or

2. to injure substantially another person;

(iv) is held civilly or criminally liable for deceit, fraud, or misrepresentation in the provision of real estate appraisal services or certified real estate appraisal services;

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

1. a felony; or

2. a misdemeanor that is directly related to the fitness and qualification of the applicant, licensee, or certificate holder to provide real estate appraisal services;

(vi) pays a finder’s fee or a referral fee to a person who lacks a license;

(vii) makes a false or misleading statement in:

1. the part of a written appraisal report about professional qualifications; or

2. testimony about professional qualifications;

(viii) violates the confidential nature of governmental records to which a licensee or certificate holder gained access in the provision of real estate appraisal services or certified real estate services;

(ix) accepts a fee for providing an independent appraisal service in violation of this title;

(x) fails to exercise reasonable diligence to develop, prepare, or communicate an appraisal;

(xi) is negligent or incompetent in developing, preparing, or communicating an appraisal;

(xii) violates any other provision of this title; or

(xiii) violates any regulation adopted under this title.

(2) Subject to the hearing provisions of § 16–602 of this title, the Commission shall deny a real estate appraisal license or certificate to an applicant if the applicant:

(i) has had an appraiser license, certificate, or credential revoked in any jurisdiction within the 5–year period immediately preceding the date of application;

(ii) has been convicted of or has entered a plea of guilty or nolo contendere to a felony in a domestic or foreign court:

1. during the 5–year period immediately preceding the date of application; or

2. at any time preceding the date of application if the felony involves an act of fraud or dishonesty, a breach of trust, or money laundering; or

(iii) fails to demonstrate good character or general fitness to provide real estate appraisal services in an honest and ethical manner.

(3) (i) Except as provided in paragraph (2) of this subsection, instead of or in addition to reprimanding a licensee or a certificate holder or suspending or revoking a license or a certificate under this subsection, the Commission may impose a penalty not exceeding $5,000 for each violation.

(ii) To determine the amount of the penalty imposed, the Commission shall consider:

1. the seriousness of the violation;

2. the harm caused by the violation;

3. the good faith of the licensee; and

4. any history of previous violations by the licensee.

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

(b) Except as provided in subsection (a)(2) of this section, the Commission shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or certificate or the reprimand of a licensee or certificate holder when an applicant, certificate holder, or licensee is convicted of a felony or a misdemeanor described in subsection (a)(1)(v) of this section:

(1) the nature of the crime;

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

(3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant, licensee, or certificate holder to provide real estate appraisal services;

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

(5) the behavior and activities of the applicant, licensee, or certificate holder before and after the conviction.
Md. Code, Transportation § 16-404 — MD Code / Article gtr / Title 16 / Subtitle 4 / Section 16-404
§16–404.
Status: in_force

(a) The Administration shall take the following actions for points accumulated within any 2–year period:

(1) Send a warning letter to each individual who accumulates 3 points;

(2) Require attendance at a driver improvement program conducted under § 16–212 of this title by each individual who accumulates 5 points, except that a Class A, B, or C licensee who submits evidence acceptable to the Administration that he is a professional driver may not be called in until he accumulates 8 points; and

(3) Except as provided in § 16–405 of this subtitle:

(i) Suspend the license of each individual who accumulates 8 points; and

(ii) Revoke the license of each individual who accumulates 12 points.

(b) (1) Except as provided in § 16–405 of this subtitle:

(i) If an individual accumulates 8 points, the Administration shall issue a notice of suspension; and

(ii) If an individual accumulates 12 points, the Administration shall issue a notice of revocation.

(2) Each notice shall:

(i) Be personally served or sent by certified mail, bearing a postmark from the United States Postal Service;

(ii) State the duration of the suspension or revocation; and

(iii) Advise the individual of his right, within 10 days after the notice is sent (Saturdays, Sundays, and legal holidays excepted), to file a written request for a hearing before the Administrator.

(3) Unless a hearing is requested, each notice of suspension or revocation is effective at the end of the 10–day period after the notice is sent.

(c) (1) Except as provided in paragraphs (2) and (3) of this subsection:

(i) An initial suspension may not be for less than 2 days nor more than 30 days; and

(ii) Any subsequent suspension may not be for less than 15 days nor more than 90 days.

(2) Subject to the provisions of paragraph (3) of this subsection, the following suspension periods may apply to a suspension for an accumulation of points under § 16–402(a)(28) of this subtitle for a violation of § 21–902(b) or (c) of this article or a suspension imposed under § 16–404.1(f)(1)(iii) of this subtitle:

(i) For a first conviction, not more than 6 months;

(ii) For a second conviction at least 5 years after the date of the first conviction, not more than 9 months;

(iii) For a second conviction less than 5 years after the date of the first conviction or for a third conviction, not more than 12 months; and

(iv) For a fourth or subsequent conviction, not more than 24 months.

(3) The Administration may issue a restrictive license for the period of the suspension to an individual who participates in the Administration’s Ignition Interlock System Program under § 16–404.1 of this subtitle.

(4) This subsection does not limit the authority of the Administration to issue a restrictive license or modify a suspension imposed under this subsection.

(d) (1) If the holder of a provisional driver’s license who is under the age of 18 years accumulates 5 or more points in a 12–month period, the Administration shall suspend the individual’s driver’s license:

(i) For a first offense, for 6 months; and

(ii) For a second or subsequent offense, for 1 year.

(2) An individual subject to a license suspension under this subsection may request a hearing as provided for a suspension or revocation under Title 12, Subtitle 2 of this article.
Md. Code, Land Use § 16-211 — MD Code / Article glu / Title 16 / Subtitle 2 / Section 16-211
§16–211.
Status: in_force

(a) The Commission and an employee organization certified as exclusive representative of a bargaining unit shall execute a collective bargaining agreement incorporating all matters agreed.

(b) If a collective bargaining agreement provides for a grievance procedure, that grievance procedure shall be the sole procedure for employees in the bargaining unit.

(c) The collective bargaining agreement may include an agency shop or other union security provision.

(d) The collective bargaining agreement supersedes any conflicting regulation or administrative policy of the Commission.

(e) A single–year or multiple–year collective bargaining agreement shall expire at the close of the appropriate fiscal year.

(f) (1) Except as provided in paragraph (2) of this subsection, a collective bargaining agreement shall be effective on the approval of the Commission and the membership of the employee organization representing the bargaining unit.

(2) The economic requirements of a collective bargaining agreement shall be effective on approval by the Montgomery County Council and Prince George’s County Council.
Md. Code, Health Occupations § 16-317 — MD Code / Article gho / Title 16 / Subtitle 3 / Section 16-317
§16–317.
Status: in_force

(a) The Board may issue a limited license for training to an applicant who:

(1) Meets all the requirements of this title for a license to practice podiatry, except the National Board of Podiatric Medical Examiners - Part III examination;

(2) Has an appointment for postgraduate clinical training in podiatry or as a podiatric instructor in:

(i) A health care facility licensed or approved by the Department;

(ii) A program approved by the Council on Education of the American Podiatry Association;

(iii) A program approved by the Board; or

(iv) A program affiliated with the Council of Podiatric Medical Education;

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

(4) Pays to the Board the application fee set by the Board.

(b) The Board shall include on any limited license that the Board issues:

(1) The name of the health care facility or program to which the individual holds an appointment; and

(2) The expiration date of the limited license.

(c) A limited license temporarily authorizes the licensee to practice podiatry, while the license is effective, only on:

(1) Patients of the health care facility or program named on the license; or

(2) Patients of a health care facility or program that is:

(i) Affiliated for training purposes with the health care facility or program named on the limited license; and

(ii) Approved by the Board.

(d) A limited license may be issued for a term of 1 year and may be renewed annually.
Md. Code, Education § 16-701 — MD Code / Article ged / Title 16 / Subtitle 7 / Section 16-701
§16–701.
Status: in_force

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

(b) “Agreement” means a written contract between a public employer and an employee organization.

(c) “Arbitration” means a procedure by which parties involved in a grievance submit their differences to an impartial third party for a final and binding decision.

(d) “Board” means the Public Employee Relations Board.

(e) “Collective bargaining” has the meaning stated in § 3–101(d) of the State Personnel and Pensions Article.

(f) “Confidential employee” means a public employee whose unrestricted access to personnel, budgetary, or fiscal data subject to use by the public employer in collective bargaining, or whose close, continuing working relationship with those responsible for negotiating on behalf of the public employer, would make the employee’s membership in an employee organization as a rank and file employee incompatible with the employee’s duties.

(g) “Employee organization” has the meaning stated in § 22–101 of the State Government Article.

(h) “Exclusive representative” has the meaning stated in § 22–101 of the State Government Article.

(i) “Fact–finding” means a process conducted by the Board that includes:

(1) The identification of the major issues in an impasse;

(2) The review of the positions of the parties; and

(3) A resolution of factual differences by an impartial individual or panel.

(j) (1) “Faculty” means employees whose assignments involve academic responsibilities, including teachers and department heads.

(2) “Faculty” does not include officers, supervisory employees, confidential employees, part–time faculty, or student assistants.

(k) “Grievance” means a dispute concerning the application or interpretation of the terms of a collective bargaining agreement.

(l) “Impasse” means a failure by a public employer and an exclusive representative to achieve agreement in the course of negotiations.

(m) “Officer” means the president, a vice president, a dean, or any other similar official of the community college as appointed by the board of community college trustees.

(n) “Part–time faculty” means employees whose assignments involve academic responsibilities, including teachers, counselors, and department heads, who are designated with part–time faculty status by the president of the community college.

(o) (1) “Public employee” means an employee employed by a public employer.

(2) “Public employee” includes faculty and part–time faculty at the Baltimore City Community College.

(3) “Public employee” does not include:

(i) Officers;

(ii) Supervisory or confidential employees; or

(iii) Student assistants.

(p) (1) “Public employer” means the board of community college trustees for a community college.

(2) “Public employer” includes the Board of Trustees of Baltimore City Community College for the purposes of collective bargaining with faculty and part–time faculty.
Md. Code, Alcoholic Beverages and Cannabis § 16-1601 — MD Code / Article gab / Title 16 / Subtitle 16 / Section 16-1601
§16–1601.
Status: in_force

(a) (1) (i) The aggregate number of all Class A beer licenses, beer and wine licenses, and beer, wine, and liquor licenses in each election district may not be more than one for every 5,000 individuals.

(ii) The Board shall determine the population of each election district by using the most recent published population report of the County Planning Commission.

(2) Except as provided in subsection (b) of this section, the Board may not issue a new Class A license if, in the election district in which the license would be located:

(i) the ratio already exceeds one Class A license for every 5,000 individuals; or

(ii) the issuance of the license would cause the ratio to exceed one Class A license for every 5,000 individuals.

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

(1) a winery that applies for a Class A wine license under § 16–1701 of this title; or

(2) the renewal or transfer of a license.
Md. Code, Business Regulation § 16-216 — MD Code / Article gbr / Title 16 / Subtitle 2 / Section 16-216
§16–216.
Status: in_force

(a) The Executive Director shall pay into the General Fund of the State all license fees collected under this title.

(b) The General Assembly intends that these license fees be used to:

(1) administer this title; and

(2) enforce the Maryland Cigarette Sales Below Cost Act.
Md. Code, Estates and Trusts § 16-103 — MD Code / Article get / Title 16 / Subtitle 1 / Section 16-103
§16–103.
Status: in_force

(a) A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity’s principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner’s address at the time of registration.

(b) A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
Md. Code, Business Occupations and Professions § 16-215 — MD Code / Article gbo / Title 16 / Subtitle 2 / Section 16-215
§16–215.
Status: in_force

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

(1) a statement of the total receipts and expenditures of the Commission; and

(2) any other information that reflects the work of the Commission.
Md. Code, Commercial Law § 16-501 — MD Code / Article gcl / Title 16 / Subtitle 5 / Section 16-501
§16–501.
Status: in_force

In this subtitle, “hotel” includes any ordinary, inn, boarding house, hotel, or motel.
Md. Code, Business Occupations and Professions § 16-311 — MD Code / Article gbo / Title 16 / Subtitle 3 / Section 16-311
§16–311.
Status: in_force

(a) The Commission shall:

(1) transmit to the Appraisal Subcommittee of the Federal Financial Institutions Examinations Council a roster of State certified and licensed appraisers as required by § 1109(a)(1) of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989; and

(2) collect and transmit to the appropriate federal authority those fees required by § 1109(a)(2) of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.

(b) (1) There is a Federal Appraisal Fee Fund within the Commission.

(2) The Fund is a special account to be used to disburse money to the appropriate federal authority under subsection (a)(2) of this section.
Md. Code, Transportation § 16-502 — MD Code / Article gtr / Title 16 / Subtitle 5 / Section 16-502
§16–502.
Status: in_force

(a) There is a driver education program, established as part of the highway safety program of this State.

(b) The purpose of the driver education program is to provide a complete program of driver education to eligible individuals.
Md. Code, Housing and Community Development § 16-104 — MD Code / Article ghs / Title 16 / Subtitle 1 / Section 16-104
§16–104.
Status: in_force

The General Assembly finds that:

(1) there is unsafe and unsanitary housing in the county and there is a critical shortage of decent, safe, and sanitary housing that persons of eligible income can afford to rent or buy;

(2) as a result, persons of eligible income must occupy overcrowded and congested housing or must pay too much of their income for shelter;

(3) these conditions cause too much public money to be spent for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities;

(4) there is a public emergency in the county caused in part by rapidly rising construction costs, operating and maintenance expenses, and the increase in conversions of rental housing to condominiums;

(5) the serious problems created by these inflationary conditions and conversions include:

(i) a major displacement of large numbers of tenants, including elderly individuals and individuals with disabilities, from their housing;

(ii) a scarcity of low and moderate income housing on the market as demand for such housing increases;

(iii) too few rental units available, planned, or under construction to replace the rental units being converted into condominiums; and

(iv) frustration of general plan concepts of balanced housing mix and adequate housing for all economic segments of the community;

(6) the shortage of decent, safe, and sanitary housing cannot be wholly relieved through private enterprise, and therefore building housing for persons of eligible income and spending public money to help get it built or ready for use do not compete with private enterprise;

(7) to remedy these conditions, construction and operation of such housing as set forth in this title are valid public purposes and essential government functions for which public money may be spent; and

(8) this title is necessary in the public interest.
Md. Code, Transportation § 16-811 — MD Code / Article gtr / Title 16 / Subtitle 8 / Section 16-811
§16–811.
Status: in_force

(a) An applicant is entitled to receive the commercial driver’s license applied for if the applicant:

(1) Passes the examination required by this subtitle;

(2) Is eligible to drive pursuant to the Commercial Driver’s License Information System and the National Driver Register;

(3) Surrenders any previously issued commercial driver’s instructional permit or license; and

(4) Pays the fees prescribed by this subtitle.

(b) (1) Each commercial driver’s license issued by the Administration shall be identified clearly as to its specific class. A Class M license may be issued in combination with any other class of license.

(2) The Administration shall assign an identifying number to each license it issues.

(c) Each commercial driver’s license issued by the Administration shall:

(1) Be marked “commercial driver’s license” or “CDL”; and

(2) Include the following information:

(i) The licensee’s:

1. Full name and current mailing address;

2. Physical description including sex, height, and weight;

3. Color photograph or photo-image;

(ii) The date of issuance;

(iii) The date of expiration; and

(iv) Any other information required by the Code of Federal Regulations or the Administration.

(d) Before issuing a commercial driver’s license, the Administration shall obtain driving record information from the National Driver Register and any state in which the individual has been licensed.

(e) Within 10 days after issuing a commercial driver’s license, the Administration shall notify the Commercial Driver’s License Information System of that fact, providing all information required to ensure the identification of the licensee.
Md. Code, Insurance § 16-601 — MD Code / Article gin / Title 16 / Subtitle 6 / Section 16-601
§16–601.
Status: in_force

(a) (1) A stock insurer or mutual insurer may issue individual and group variable life insurance contracts that provide for payment varying directly with the investment experience of a segregated asset account if the stock insurer or mutual insurer:

(i) is authorized to issue life insurance contracts in the State; and

(ii) is authorized by the Commissioner to issue individual and group variable life insurance contracts.

(2) A stock insurer or mutual insurer may issue individual and group variable annuity contracts that provide for payment varying directly with the investment experience of a segregated asset account if the stock insurer or mutual insurer:

(i) is authorized to issue annuity contracts in the State; and

(ii) is authorized by the Commissioner to issue individual and group variable annuity contracts.

(b) To be authorized to issue variable contracts, a stock insurer or mutual insurer shall comply with regulations adopted by the Commissioner.

(c) The regulations of the Commissioner may include:

(1) requirements for a minimum capital and surplus in excess of the amount otherwise required for the issuance of life insurance contracts and annuity contracts that are not variable contracts; and

(2) other requirements that the Commissioner considers appropriate to safeguard the interests of variable contract holders, other policyholders, insurers, and the public.
Md. Code, Land Use § 16-212 — MD Code / Article glu / Title 16 / Subtitle 2 / Section 16-212
§16–212.
Status: in_force

(a) The Commission shall include in its annual proposed operating budget submitted to the county executives of Montgomery County and Prince George’s County adequate funding to carry out a collective bargaining agreement.

(b) Unless the Montgomery County Council and Prince George’s County Council approve the Commission’s budget so as to approve the terms of the collective bargaining agreement, the Commission and the employee organization, within 5 days after the annual joint county council budget meeting under § 18–106 of this article, shall reopen the negotiated agreement and bargain with respect to the provisions of the agreement not approved by the county councils.

(c) If a provision of a collective bargaining agreement is ruled invalid or is not funded by Montgomery County or Prince George’s County, the remainder of the agreement remains in effect unless reopened under subsection (b) of this section.
Md. Code, Education § 16-401 — MD Code / Article ged / Title 16 / Subtitle 4 / Section 16-401
§16–401.
Status: in_force

(a) (1) The Board of Community College Trustees for Anne Arundel County consists of 10 members appointed by the Governor, with the advice and consent of the Senate.

(2) Each member shall be a resident of Anne Arundel County.

(3) Except as provided in subsection (b)(2) of this section:

(i) The term of a member is 4 years; and

(ii) A member may not serve for more than three consecutive full terms.

(b) (1) One of the members shall be a regularly enrolled student in good standing at Anne Arundel Community College.

(2) The student member shall:

(i) Be nominated in the manner determined by the student body of Anne Arundel Community College;

(ii) Have the qualifications required to be student body president of Anne Arundel Community College; and

(iii) Serve for a term of 1 year, beginning July 1 and ending on June 30.

(c) To the extent practicable, when appointing the members of the Board, the Governor shall take into consideration the geographic and ethnic representation of Anne Arundel County so that all segments of the population of the county are represented on the Board.
Md. Code, Housing and Community Development § 16-107.1 — MD Code / Article ghs / Title 16 / Subtitle 1 / Section 16-107.1
§16–107.
Status: in_force

§16–107.1.

The Montgomery Commission shall:

(1) prepare written minutes of each meeting as soon as practicable after the meeting; and

(2) stream live video of the open meetings of the Montgomery Commission.
Md. Code, Alcoholic Beverages and Cannabis § 16-1401 — MD Code / Article gab / Title 16 / Subtitle 14 / Section 16-1401
§16–1401.
Status: in_force

(a) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 4–102 (“Applications to be filed with local licensing board”);

(2) § 4–106 (“Payment of notice expenses”);

(3) § 4–108 (“Application form required by Comptroller”);

(4) § 4–111 (“Payment of license fees”);

(5) § 4–113 (“Refund of license fees”); and

(6) § 4–114 (“Fees for licenses issued for less than 1 year”).

(b) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”) of Division I of this article apply in the county:

(1) § 4–103 (“Application on behalf of partnership”), subject to § 16–1405 of this subtitle;

(2) § 4–104 (“Application on behalf of corporation or club”), subject to § 16–1405 of this subtitle;

(3) § 4–105 (“Application on behalf of limited liability company”), subject to § 16–1405 of this subtitle;

(4) § 4–107 (“Criminal history records check”), subject to §§ 16–1403 and 16–1404 of this subtitle;

(5) § 4–109 (“Required information on application –– In general”), subject to § 16–1405 of this subtitle;

(6) § 4–110 (“Required information on application –– Petition of support”), subject to § 16–1405.1 of this subtitle; and

(7) § 4–112 (“Disposition of license fees”), subject to § 16–1406 of this subtitle.
Md. Code, Health Occupations § 16-402 — MD Code / Article gho / Title 16 / Subtitle 4 / Section 16-402
§16–402.
Status: in_force

(a) Except as otherwise provided in this section, a podiatrist may practice only under the name on the license of the podiatrist.

(b) This section does not prohibit a podiatrist from practicing in a professional association, limited liability company, or in any other group practice otherwise allowed by law.

(c) This section does not prohibit a podiatrist from advertising under a trade name in connection with the practice of podiatry if:

(1) The use of the trade name is not deceptive or misleading;

(2) The advertisement in which the trade name appears includes:

(i) The name of the licensed podiatrist; or

(ii) The name of the licensed podiatrist and the name of the business entity under which podiatric services are provided;

(3) The name of the licensed podiatrist who provides podiatric services appears on:

(i) The billing invoices; and

(ii) Any billing receipts given to a patient; and

(4) Treatment records are maintained and clearly identify the licensed podiatrist who performed the podiatric treatment or service for any patient.
Md. Code, Health Occupations § 16-308 — MD Code / Article gho / Title 16 / Subtitle 3 / Section 16-308
§16–308.
Status: in_force

(a) (1) The Board may place a licensee on inactive status, if the licensee submits to the Board:

(i) An application for inactive status on the form required by the Board; and

(ii) The inactive status fee set by the Board.

(2) The Board shall issue a license to an individual who is on inactive status if the individual is otherwise entitled to be licensed under this title and submits to the Board:

(i) Satisfactory evidence of compliance with the continuing education requirements the Board adopts for this purpose;

(ii) A reinstatement fee set by the Board;

(iii) A licensure affidavit;

(iv) Federation of boards certification of good standing;

(v) The response to an inquiry to the national Healthcare Integrity and Protection Data Bank;

(vi) History of malpractice cases;

(vii) Proof of out-of-state practice preceding the request for reinstatement that is sufficient to demonstrate current clinical proficiency, as specified in regulations adopted by the Board; and

(viii) Proof of passing the Ethics-Jurisprudence Examination as administered by the Board within the last licensing cycle preceding the individual’s reinstatement application.

(3) The Board shall reinstate the license of a podiatrist who has been on inactive status and who does not meet the requirements of paragraph (2)(vii) of this subsection, if the podiatrist meets the continuing medical education requirements prescribed by the Board.

(b) The Board shall reinstate the license of a podiatrist who has been on inactive status and who has failed to renew the license for 1 licensing cycle or a 2-year period, whichever is longer, for any reason, if the podiatrist:

(1) Meets the renewal requirements of § 16-307(c) through (f) of this subtitle and subsection (a) of this section;

(2) Pays to the Board all past-due renewal fees and the reinstatement fee set by the Board; and

(3) Meets the requirements for obtaining a new license under this subtitle.
Md. Code, Health Occupations § 16-313 — MD Code / Article gho / Title 16 / Subtitle 3 / Section 16-313
§16–313.
Status: in_force

(a) Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 16-311 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 individual may be represented at the hearing by counsel.

(d) 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 title and any hearings or proceedings before it.

(e) If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.

(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) If, after a hearing, an individual is found in violation of § 16-311 of this subtitle, the individual shall pay the costs of the hearing as specified in a regulation adopted by the Board.
Md. Code, Criminal Procedure § 16-205 — MD Code / Article gcp / Title 16 / Subtitle 2 / Section 16-205
§16–205.
Status: in_force

Representation of an indigent individual by the Office or by a panel attorney shall continue until the final disposition of the case or until the assigned attorney is relieved by the Public Defender or order of the court in which the case is pending.
Md. Code, Estates and Trusts § 16-109 — MD Code / Article get / Title 16 / Subtitle 1 / Section 16-109
§16–109.
Status: in_force

(a) A transfer-on-death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this title and is not testamentary.

(b) This title does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this State.
Md. Code, Business Occupations and Professions § 16-5B-06 — MD Code / Article gbo / Title 16 / Subtitle 5B / Section 16-5B-06
§16–5B–06.
Status: in_force

(a) A person applying for registration as an appraisal management company shall designate an individual to serve as a controlling person that will be the main contact for all communication between the Commission and the appraisal management company.

(b) The controlling person designated under subsection (a) of this section shall:

(1) have never had a license or certificate to act as an appraiser refused, denied, canceled, revoked, or surrendered in any state, unless the license or certificate was subsequently granted or reinstated;

(2) be of good character and reputation, as determined by the Commission; and

(3) submit to a background investigation, as determined by the Commission.
Md. Code, Insurance § 16-206 — MD Code / Article gin / Title 16 / Subtitle 2 / Section 16-206
§16–206.
Status: in_force

(a) (1) Each participating ordinary life insurance policy shall contain a provision that:

(i) each year the insurer shall determine and apportion any divisible surplus under the policy that will accrue on the policy anniversary or other dividend date specified in the policy; and

(ii) the dividends arising from the apportionment shall be credited each year beginning not later than the end of the third policy year.

(2) Each participating industrial life insurance policy shall contain a provision that:

(i) each year the insurer shall determine and apportion any divisible surplus under the policy that will accrue on the policy anniversary or other dividend date specified in the policy; and

(ii) the dividends arising from the apportionment shall be credited each year beginning not later than the end of the fifth policy year.

(3) The policy may not contain a provision that the payment of any dividend payable under this section is contingent on the payment of any premium due on or after the date when the dividend becomes payable.

(b) (1) Subject to paragraph (2) of this subsection, each policy shall contain a provision that the party entitled to the dividend may elect to have the dividend:

(i) paid in cash;

(ii) applied to the payment of any premium then due;

(iii) applied to provide paid-up additions to the policy; or

(iv) left to accumulate at an interest rate not less than the rate specified in the policy.

(2) A term policy need not provide the dividend options specified in paragraph (1)(iii) and (iv) of this subsection.

(3) Each participating ordinary life insurance policy shall contain a provision that a specified option becomes effective unless the party entitled to the dividend notifies the insurer in writing of a different option within 30 days after the date on which the dividend is payable.

(c) If a participating policy provides that the benefit under any paid-up nonforfeiture provision is to be participating, the policy may provide that any divisible surplus apportioned while the insurance is in force under the nonforfeiture provision shall be applied in any manner specified in the policy.

(d) This section does not prohibit an insurer from granting to the party entitled to the dividends the right to elect another dividend option offered by the insurer in addition to the options required by this section, whether or not the additional option is specified in the policy.

(e) This section does not prohibit payment of additional dividends on default of payment of premiums or on termination of the policy.
Md. Code, Insurance § 16-402 — MD Code / Article gin / Title 16 / Subtitle 4 / Section 16-402
§16–402.
Status: in_force

(a) Each annuity contract and each pure endowment contract shall contain a provision that a grace period of not less than 30 days shall be allowed within which any stipulated payment to the insurer due after the first may be made.

(b) The annuity contract or pure endowment contract continues in full force during the grace period.

(c) The insurer may charge interest on a payment made during the grace period at a rate specified in the annuity contract or pure endowment contract, not exceeding 6% per year, for the number of days that elapse in the grace period before the payment.

(d) If a claim arises under the annuity contract or pure endowment contract due to death during the grace period before the overdue payment to the insurer or any deferred payments of the current contract year are made, the amount of the payments, with interest on any overdue payments, may be deducted from any amount payable under the annuity contract or pure endowment contract in settlement.
Md. Code, Alcoholic Beverages and Cannabis § 16-1904 — MD Code / Article gab / Title 16 / Subtitle 19 / Section 16-1904
§16–1904.
Status: in_force

(a) The holder of a Class B or Class D license or an individual designated by the license holder who is employed in a supervisory capacity shall be:

(1) certified by an approved alcohol awareness program; and

(2) present on the licensed premises during the hours in which alcoholic beverages may be sold.

(b) A license holder who violates this section is subject to:

(1) for the first offense, a $100 fine; and

(2) for each subsequent offense, a fine not exceeding $500 or a suspension or revocation of the license or both.

(c) At least one individual who is listed on the license as a license holder shall maintain a current certificate reflecting the completion of an alcohol awareness program while the individual is listed on the license.
Md. Code, Housing and Community Development § 16-303 — MD Code / Article ghs / Title 16 / Subtitle 3 / Section 16-303
§16–303.
Status: in_force

(a) (1) The Montgomery Commission shall recognize the right of an employee organization certified under this subtitle as the exclusive representative of a bargaining unit to represent the employees of the bargaining unit in collective bargaining and in the settlement of grievances.

(2) If a single employee organization is certified to represent more than one bargaining unit, the Montgomery Commission shall negotiate a single contract with that organization covering all employees the organization represents.

(b) (1) An employee organization certified as the exclusive representative of a bargaining unit shall:

(i) serve as the only bargaining agent for the unit in collective bargaining; and

(ii) except as provided in subsection (c) of this section, represent all employees in the unit fairly and without discrimination.

(2) An employee organization meets the requirements of paragraph (1)(ii) of this subsection as long as its actions are not arbitrary, discriminatory, or in bad faith toward an employee in the bargaining unit.

(c) (1) The exclusive representative may require an employee who does not pay membership dues or equivalent fees to pay:

(i) the reasonable costs and fees, including expenses for staff time and materials, arbitrator fees, and related attorney’s fees, for filing a grievance or arbitrating a matter that arises under a collective bargaining agreement negotiated under this subtitle brought by the exclusive representative at the request of the employee; and

(ii) any anticipated proportional costs and fees before a grievance is filed or arbitration is pursued.

(2) Failure by the employee to pay the costs and fees required under paragraph (1) of this subsection shall relieve the exclusive representative of any further responsibility to the employee.

(3) A dispute concerning the reasonableness of the costs and fees imposed under paragraph (1) of this subsection shall be submitted to the labor relations administrator in accordance with the procedures established under § 16–318 of this subtitle for unfair labor practices.

(d) (1) An exclusive representative’s duty of fair representation owed to a public employee who is in the bargaining unit shall be limited to the negotiation and enforcement of the terms of the collective bargaining agreement with the public employer.

(2) Nothing in this subsection may be construed to limit an employee organization from providing only to the organization’s members legal, economic, or job–related services or benefits outside the collective bargaining agreement.
Md. Code, Local Government § 16-203 — MD Code / Article glg / Title 16 / Subtitle 2 / Section 16-203
§16–203.
Status: in_force

(a) The annual salary of the County Treasurer of St. Mary’s County is:

(1) $76,000 for calendar year 2023;

(2) $89,000 for calendar year 2024;

(3) $102,000 for calendar year 2025;

(4) $115,000 for calendar year 2026; and

(5) beginning in calendar year 2027 and each calendar year thereafter, equal to the salary of the Register of Wills for St. Mary’s County.

(b) The County Treasurer of St. Mary’s County shall devote full time to the duties of office.
Md. Code, State Finance and Procurement § 16-201 — MD Code / Article gsf / Title 16 / Subtitle 2 / Section 16-201
§16–201.
Status: in_force

This subtitle is broadly applicable to all contracts with public bodies, except where a section refers only to the State.
Md. Code, Land Use § 16-501 — MD Code / Article glu / Title 16 / Subtitle 5 / Section 16-501
§16–501.
Status: in_force

In this subtitle, “full–time park employee” means an individual employed by the county Parks and Recreation Department who:

(1) works at least 37.5 hours each week, excluding Commission holidays; and

(2) has been employed by the Department for more than 1 year without interruption.
Md. Code, Environment § 16-203 — MD Code / Article gen / Title 16 / Subtitle 2 / Section 16-203
§16–203.
Status: in_force

Notwithstanding any other provision of law, a landowner shall be exempt from all local permit requirements to perform routine maintenance and repair of a bulkhead.
Md. Code, Education § 16-415 — MD Code / Article ged / Title 16 / Subtitle 4 / Section 16-415
§16–415.
Status: in_force

(a) Except for rentals of property under impartial policies that establish fees for various classes of renters, the Board of Trustees of Prince George’s Community College may not lease any property to any private person unless it complies with this section.

(b) The Board of Trustees shall advertise at least 2 weeks before the bids are due in one or more newspapers published in Prince George’s County.

(c) The lease shall be awarded to the highest responsible bidder and conform to any qualifications set by the Board of Trustees.
Md. Code, Alcoholic Beverages and Cannabis § 16-205 — MD Code / Article gab / Title 16 / Subtitle 2 / Section 16-205
§16–205.
Status: in_force

(a) The Board shall meet at least once a month.

(b) The County Commissioners shall set:

(1) the annual salaries of the regular members of the Board; and

(2) the salary of the substitute member on a per diem basis.

(c) The Board may:

(1) employ:

(i) a secretary;

(ii) inspectors; and

(iii) clerical and other assistants as are necessary; and

(2) set the compensation of the employees.
Md. Code, Health - General § 16-206 — MD Code / Article ghg / Title 16 / Subtitle 2 / Section 16-206
§16–206.
Status: in_force

(a) For juvenile screening and treatment services that a unit of the Department provides under § 9–227(b)(1)(ii) of the Human Services Article, the Department shall bill and collect the cost of care as provided in this subtitle and as if the recipient of services were not a ward of this State.

(b) The Department of Juvenile Services shall pay for juvenile screening and treatment services that any person other than the Department provides under § 9–227(b)(1)(ii) of the Human Services Article. However, the Department later shall bill and collect this cost of care as provided in this subtitle.
Md. Code, Education § 16-314 — MD Code / Article ged / Title 16 / Subtitle 3 / Section 16-314
§16–314.
Status: in_force

(a) The board of trustees may provide for sole source procurement contracts in accordance with the provisions of this section.

(b) (1) Whenever the procurement officer determines that there is only one available source for the subject of a procurement contract, the procurement officer may award the procurement contract without competition to that source.

(2) Before awarding a procurement contract to a sole source, the procurement officer shall obtain:

(i) The approval of the board of trustees; and

(ii) Any other approval required by law.
Md. Code, Insurance § 16-312 — MD Code / Article gin / Title 16 / Subtitle 3 / Section 16-312
§16–312.
Status: in_force

(a) This section applies to policies of life insurance issued on or after January 1, 1986, and is in addition to any other applicable provisions of this subtitle.

(b) On default of a premium payment due on a policy anniversary, any cash surrender value available under the policy may not differ from the sum of the greater of the basic cash value calculated in accordance with subsection (c) of this section and zero and the present value of any existing paid-up additions less any indebtedness to the insurer on the policy by more than 0.2% of:

(1) the amount of insurance if the insurance is a uniform amount; or

(2) the average amount of insurance at the beginning of each of the first 10 policy years.

(c) The basic cash value on any anniversary equals the remainder of:

(1) the present value of the future guaranteed benefits, calculated as of the anniversary, that would have been provided by the policy, excluding any existing paid-up additions and before the deduction of any indebtedness to the insurer on the policy; less

(2) the present value of the nonforfeiture factors, calculated under subsection (e) of this section, corresponding to the premiums that would have fallen due on or after the anniversary.

(d) The effects on the basic cash value of supplemental life insurance, annuity benefits, or family coverage as described under the applicable provisions of §§ 16–305, 16–307, 16–308(b), and 16–309 of this subtitle shall be the same as the effects on cash surrender values under those applicable provisions.

(e) (1) The nonforfeiture factor for each policy year shall be equal to the percentage of the adjusted premium for that policy year calculated in accordance with the applicable provisions of § 16-307, § 16-308(b), or § 16-309 of this subtitle.

(2) Except as required under paragraph (4) of this subsection, the percentage of the adjusted premium shall be the same percentage for each policy year between:

(i) the second policy anniversary; and

(ii) the later of:

1. the fifth policy anniversary; or

2. the first policy anniversary when there is a cash surrender value available under the policy, excluding any paid-up additions but including any indebtedness on the policy, of at least 0.2% of the amount of insurance if the insurance is a uniform amount or of the average amount of insurance at the beginning of each of the first 10 policy years.

(3) The percentage of the adjusted premium after the later of the 2 policy anniversaries specified in paragraph (2) of this subsection shall apply for at least 5 consecutive policy years.

(4) The basic cash value may not be less than the value that would be obtained if the adjusted premiums for the policy calculated under the applicable provisions of § 16-307, § 16-308(b), or § 16-309 of this subtitle were substituted for the nonforfeiture factors in the calculation of the basic cash value.

(f) Adjusted premiums and present values referred to in this section shall be calculated for each policy on the same mortality and interest bases that are used to demonstrate compliance of the policy with other applicable provisions of this subtitle.

(g) Cash surrender values referred to in this section include endowment benefits provided by the policy.

(h) (1) Any cash surrender value available under a policy, other than on default of a premium due on a policy anniversary, and any paid-up nonforfeiture benefit available under a policy on default of a premium payment shall be determined in a manner consistent with the manner specified to determine the analogous minimum amounts under the applicable provisions of §§ 16-303 through 16-306, § 16-309, and § 16-311 of this subtitle.

(2) Any cash surrender value and any paid-up nonforfeiture benefits granted in connection with additional benefits similar to those under § 16-311(d)(1) through (7) of this subtitle shall conform to the principles of this section.
Md. Code, Transportation § 16-110.1 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-110.1
§16–110.
Status: in_force

§16–110.1.

(a) For an unrestricted license, each applicant is required to have:

(1) Simultaneously:

(i) A minimum visual acuity of 20/40 in each eye; and

(ii) A continuous field of vision of at least 140 degrees; and

(2) Binocular vision.

(b) If the applicant’s vision can be corrected by glasses or contact lenses to meet the standards of this section, the Administration may issue the applicant a restricted license, endorsed “corrective lenses”.

(c) (1) The Administration may issue a restricted license to an applicant who has simultaneously:

(i) A visual acuity of at least 20/40 in one or both eyes; and

(ii) A continuous field of vision of at least 110 degrees and with at least 35 degrees lateral to the midline of each side.

(2) To qualify for a restricted license under this subsection, the Administration may require an applicant to submit a report of examination by a licensed ophthalmologist or optometrist for evaluation by the Administration or its Medical Advisory Board.

(3) A license issued under this subsection:

(i) Shall be endorsed “outside mirrors each side”; and

(ii) May be subject to additional restrictions imposed by the Administration, based on recommendations of the applicant’s ophthalmologist or optometrist, or any other evaluation that the Administration determines appropriate.

(d) (1) The Administration may only issue a restricted noncommercial driver’s license to an applicant who does not otherwise meet the vision standards under this section but who has simultaneously:

(i) A visual acuity of at least 20/70 in one or both eyes; and

(ii) A continuous field of vision of at least 110 degrees and with at least 35 degrees lateral to the midline of each side.

(2) To qualify for a restricted license under this subsection, the Administration may require an applicant to submit a report of examination by a licensed ophthalmologist or optometrist for evaluation by the Administration or its Medical Advisory Board.

(3) A license issued under this subsection:

(i) Shall be endorsed “outside mirrors each side”; and

(ii) May be subject to additional restrictions imposed by the Administration, based on recommendations of the applicant’s ophthalmologist or optometrist, or any other evaluation that the Administration determines appropriate.

(e) If an applicant does not meet the vision standards under this subtitle, the Administration may issue a restricted license to the applicant subject to any restrictions the Administration determines appropriate for public safety, including any restriction described in § 16-110.3 of this subtitle, if:

(1) The applicant is evaluated and recommended for approval by the Medical Advisory Board; and

(2) The applicant successfully completes a driver’s training course required by the Administration.

(f) An individual issued a restricted driver’s license under this section who has had vision correction surgery resulting in the individual’s meeting the requirements for an unrestricted license may:

(1) Apply to the Administration for a corrected license without the vision restriction; or

(2) Until the time of a license renewal or issuance of a corrected license, carry written certification from a licensed ophthalmologist or optometrist that the individual meets the vision requirements for an unrestricted license under this section.
Md. Code, Transportation § 16-114 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-114
§16–114.
Status: in_force

(a) In this section, “mutilated” includes any imperfection of or in a driver’s license, after its issuance, that renders it unsuitable for identification purposes or for verifying its authenticity and validity.

(b) If a driver’s license is lost, stolen, mutilated, or destroyed, the licensee immediately shall apply for and, after furnishing information satisfactory to the Administration and payment of the required fee, is entitled to obtain a duplicate license. If the duplicate license being applied for is of a type requiring a photo and the licensee is temporarily absent from this State, the Administration may issue a regular license bearing the notation that it is valid without a photo until 15 days after the licensee first returns to this State.

(c) A licensee who is at least 21 years may apply for a duplicate license that includes a frontal photograph of the licensee.

(d) If a person recovers an original license for which a duplicate has been issued, the person promptly shall surrender the original license to the Administration.
Md. Code, Estates and Trusts § 16-110 — MD Code / Article get / Title 16 / Subtitle 1 / Section 16-110
§16–110.
Status: in_force

(a) (1) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for:

(i) Registrations in beneficiary form; and

(ii) Implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary.

(2) The terms and conditions established under this subsection may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary’s descendants to take in the place of the named beneficiary in the event of the beneficiary’s death.

(3) (i) Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for “lineal descendants per stirpes”.

(ii) This designation substitutes a deceased beneficiary’s descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary’s domicile at the owner’s death governing inheritance by descendants of an intestate.

(4) Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity’s terms and conditions.

(b) The following are illustrations of registrations in beneficiary form which a registering entity may authorize:

(1) Sole owner-sole beneficiary: John S. Brown TOD (or POD) John S. Brown, Jr.

(2) Multiple owners-sole beneficiary: John S. Brown, Mary B. Brown Jt. Ten. TOD John S. Brown, Jr.

(3) Multiple owners-primary and secondary (substituted) beneficiaries: John S. Brown, Mary B. Brown Jt. Ten. TOD, John S. Brown, Jr. Sub Bene Peter Q. Brown or John S. Brown, Mary B. Brown Jt. Ten. TOD, John S. Brown, Jr. LDPS.
Md. Code, Transportation § 16-813 — MD Code / Article gtr / Title 16 / Subtitle 8 / Section 16-813
§16–813.
Status: in_force

(a) (1) An individual may not drive, operate, or be in physical control of a commercial motor vehicle while the individual has any alcohol concentration in the individual’s blood or breath.

(2) Notwithstanding the provisions of paragraph (1) of this subsection and for the purpose of disqualifying an individual’s commercial instructional permit or commercial driver’s license for a violation of § 16–812(a) of this subtitle, an individual may not drive, operate, or be in physical control of a commercial motor vehicle while the individual has an alcohol concentration of 0.04 or greater in the individual’s blood or breath.

(b) A person who drives, operates, or is in physical control of a commercial motor vehicle while having alcohol in the person’s system or who, subject to § 16–205.1 of this title, refuses to take a chemical test to determine the alcohol concentration, shall be placed out of service for the 24–hour period immediately following the time the police officer or employer detects alcohol in the driver’s blood or breath.
Md. Code, Alcoholic Beverages and Cannabis § 16-1402 — MD Code / Article gab / Title 16 / Subtitle 14 / Section 16-1402
§16–1402.
Status: in_force

The Board may charge an administrative fee not exceeding $500 for processing an application for a new license.
Md. Code, Insurance § 16-102 — MD Code / Article gin / Title 16 / Subtitle 1 / Section 16-102
§16–102.
Status: in_force

An insurer that is authorized to issue ordinary life insurance in the State may issue wholesale life insurance.
Md. Code, Health Occupations § 16-103 — MD Code / Article gho / Title 16 / Subtitle 1 / Section 16-103
§16–103.
Status: in_force

(a) All osseous surgical procedures of the ankle, arthrodeses of 2 or more tarsal bones, and complete tarsal osteotomies that are performed by a licensed podiatrist shall be performed in a licensed hospital or ambulatory surgical center, subject to the provisions of § 19-351 of the Health - General Article.

(b) A licensed podiatrist who performs an osseous surgical procedure of the ankle, arthrodesis of 2 or more tarsal bones, or a complete tarsal osteotomy in a licensed ambulatory surgical center must:

(1) Have current surgical privileges at a licensed hospital for the same procedure; and

(2) Meet the requirements of the ambulatory surgical center.

(c) Nothing in this title shall prohibit a licensed hospital or ambulatory surgical center from establishing qualifications or delineating privileges for the performance of surgical procedures of the human foot or ankle, the anatomical structures that attach to the human foot, or the soft tissue below the mid-calf by a licensed podiatrist in the hospital or ambulatory surgical center.
Md. Code, Alcoholic Beverages and Cannabis § 16-1305 — MD Code / Article gab / Title 16 / Subtitle 13 / Section 16-1305
§16–1305.
Status: in_force

(a) There is a Maryland Wine Festival (MWF) license.

(b) The Board may issue the license to a holder of a retail license, Class 3 winery license, or Class 4 limited winery license.

(c) The license authorizes the holder to display and sell wine that is produced and processed in the State.

(d) A license holder shall display and sell wine:

(1) at retail for on– and off–premises consumption; and

(2) during the hours and days designated for the Maryland Wine Festival in Carroll County.

(e) The County Commissioners:

(1) may choose 1 weekend each year during the month of July, August, or September for the Maryland Wine Festival; and

(2) shall choose a location that is not already licensed.

(f) The license holder may hold another license of a different class or nature.

(g) The license fee is $200.

(h) The Board shall adopt regulations to carry out this section.
Md. Code, Alcoholic Beverages and Cannabis § 16-401 — MD Code / Article gab / Title 16 / Subtitle 4 / Section 16-401
§16–401.
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) § 2–207 (“Class 5 brewery license”);

(7) § 2–210 (“Class 8 farm brewery license”);

(8) § 2–211 (“Residency requirement”);

(9) § 2–212 (“Additional licenses”);

(10) § 2–213 (“Additional fees”);

(11) § 2–214 (“Sale or delivery restricted”);

(12) § 2–216 (“Interaction between manufacturing entities and retailers”);

(13) § 2–217 (“Distribution of alcoholic beverages — Prohibited practices”); and

(14) § 2–218 (“Restrictive agreements between producers and retailers — Prohibited”).

(b) Section 2–215 (“Beer sale on credit to retail dealer prohibited”) of Division I of this article does not apply in the county.

(c) The following sections of Title 2, Subtitle 2 (“Manufacturer’s Licenses”) of Division I of this article apply in the county:

(1) § 2–206 (“Class 4 limited winery license”), subject to § 16–403 of this subtitle;

(2) § 2–208 (“Class 6 pub–brewery license”), subject to § 16–404 of this subtitle; and

(3) § 2–209 (“Class 7 micro–brewery license”), subject to § 16–405 of this subtitle.
Md. Code, Health Occupations § 16-202 — MD Code / Article gho / Title 16 / Subtitle 2 / Section 16-202
§16–202.
Status: in_force

(a) (1) The Board consists of 7 members.

(2) Of the 7 Board members:

(i) 5 shall be licensed podiatrists; and

(ii) 2 shall be consumer members.

(3) The Governor shall appoint the podiatrist members, with the advice of the Secretary, from a list of names submitted by the Maryland Podiatric Medical Association. The number of names on the list shall be twice the number of vacancies.

(4) The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate.

(b) (1) The list submitted by the Maryland Podiatric Medical Association shall consist of names of nominees chosen by a majority of its members present at a meeting called for that purpose.

(2) At least 2 weeks before the meeting required by paragraph (1) of this subsection, the Secretary of the Association shall mail to its members, at the addresses that appear on the records of the Association, notice stating the time, place, and purpose of the meeting.

(c) Each podiatrist member of the Board shall be:

(1) A licensed practicing podiatrist of recognized ability and integrity;

(2) A resident of this State who has practiced actively in this State for at least 5 years immediately before appointment; and

(3) A licensed podiatrist with peer review experience.

(d) Each consumer member of the Board:

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

(2) May not be or ever have been a podiatrist or in training to become a podiatrist;

(3) May not have a household member who is a podiatrist or in training to become a podiatrist;

(4) May not participate or ever have participated in a commercial or professional field related to podiatry;

(5) May not have a household member who participates in a commercial or professional field related to podiatry; and

(6) May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.

(e) While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board.

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

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

(2) The terms of the members are staggered as required by the terms provided for members of the Board on July 1, 1981.

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

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

(5) A member may not serve more than 2 consecutive full terms.

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

(h) (1) The Governor shall remove a member for continued neglect of duty, incompetence, or unprofessional or dishonorable conduct.

(2) The Governor shall remove a member whom the Governor finds to have been absent from 2 successive Board meetings without adequate reason.
Md. Code, Local Government § 16-109 — MD Code / Article glg / Title 16 / Subtitle 1 / Section 16-109
§16–109.
Status: in_force

(a) This section applies only to commission counties.

(b) The county commissioners of a county shall:

(1) impose taxes on property within the county subject to taxation; and

(2) provide for the collection of the taxes.

(c) The imposition of taxes required under this section may be made by the county commissioners of a county wholly or partly by estimate.

(d) The county commissioners of a county shall use property tax revenue to:

(1) support the courts;

(2) compensate jurors and county or State witnesses;

(3) pay outpensions established by the county commissioners or by the trustees of the poor;

(4) pay the funeral expenses of the poor; and

(5) pay and discharge all claims on or against the county that have been expressly or impliedly authorized by law.
Md. Code, Education § 16-607 — MD Code / Article ged / Title 16 / Subtitle 6 / Section 16-607
§16–607.
Status: in_force

(a) The Board of Trustees may:

(1) Appoint an individual, other than the attorney to the Board of Trustees, as hearing examiner; and

(2) Adopt rules governing proceedings before the hearing examiner.

(b) The hearing examiner:

(1) May hold an initial hearing on any matter brought before the Board of Trustees; and

(2) Shall submit to the Board of Trustees and to the parties findings of fact and conclusions of law, a transcript of the proceedings, and exhibits.

(c) The Board of Trustees shall:

(1) Hear arguments, if requested by a party; and

(2) After considering the arguments and the record, decide the matter.

(d) The decision of the Board of Trustees may not be appealed.
Md. Code, Health Occupations § 16-302 — MD Code / Article gho / Title 16 / Subtitle 3 / Section 16-302
§16–302.
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 be of good moral character.

(c) The applicant shall be at least 18 years old.

(d) The applicant shall be a graduate of a school or college of podiatric medicine that is accredited by the Council on Education of the American Podiatric Medical Association and approved by the Board.

(e) Except as otherwise provided in this title, the applicant shall pass:

(1) The National Board of Podiatric Medical Examiners licensing examination; and

(2) A written examination on the Board’s statute and regulations administered by the Board under § 16–304 of this subtitle.

(f) The Board may require an applicant to complete a postgraduate podiatric residency program in:

(1) A health care facility licensed or approved by the Department;

(2) A program approved by the Council on Education of the American Podiatric Medical Association or its successor; or

(3) A program approved by the Board.

(g) (1) The Board shall require as part of its examination or licensing procedures that an applicant for a license to practice podiatry demonstrate an oral competency in the English language.

(2) Graduation from a recognized English–speaking undergraduate school after at least 3 years of enrollment, or from a recognized English–speaking professional school is acceptable as proof of proficiency in the oral communication of the English language under this section.

(3) By regulation, the Board shall develop a procedure for testing individuals who because of their speech impairment are unable to complete satisfactorily a Board approved standardized test of oral competency.

(4) If any disciplinary charges or action that involves a problem with the oral communication of the English language are brought against a licensee under this title, the Board shall require the licensee to take and pass a Board approved standardized test of oral competency.

(h) The applicant shall submit to a criminal history records check in accordance with § 16–302.1 of this subtitle.
Md. Code, Business Occupations and Professions § 16-501 — MD Code / Article gbo / Title 16 / Subtitle 5 / Section 16-501
§16–501.
Status: in_force

(a) After June 30, 1991, and except as otherwise provided in this title, an individual shall be certified by the Commission to provide certified real estate appraisal services before the individual may provide certified real estate appraisal services in the State.

(b) Notwithstanding subsection (a) of this section, a licensed real estate appraiser who is not certified may:

(1) help a certified real estate appraiser to prepare a certified appraisal report; and

(2) cosign the report.
Md. Code, Election Law § 16-1002 — MD Code / Article gel / Title 16 / Subtitle 10 / Section 16-1002
§16–1002.
Status: in_force

A person who violates § 16–201(b)(6) or (7) or § 16–903 of this title without knowing that the act is illegal shall pay a civil penalty and have the matter adjudicated in accordance with § 13–604 of this article.
Md. Code, Criminal Procedure § 16-302 — MD Code / Article gcp / Title 16 / Subtitle 3 / Section 16-302
§16–302.
Status: in_force

The Board of Trustees shall:

(1) study and observe the operation of the Office;

(2) coordinate the activities of the regional advisory boards; and

(3) advise the Public Defender on panels of attorneys, fees, and other matters about the operation of the public defender system.
Md. Code, Business Occupations and Professions § 16-505 — MD Code / Article gbo / Title 16 / Subtitle 5 / Section 16-505
§16–505.
Status: in_force

(a) An applicant for a certificate shall:

(1) submit to the Commission an application on the form that the Commission provides;

(2) pay to the Commission an application fee set by the Commission;

(3) apply to the Central Repository for a national and State criminal history records check on a form approved by the Director of the Central Repository;

(4) submit to the Central Repository a complete set of legible fingerprints taken at any designated State or local law enforcement office in the State or other agency or location approved by the Secretary of Public Safety and Correctional Services;

(5) pay the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check; and

(6) pay the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to the State criminal history records.

(b) The Central Repository shall provide to the Commission:

(1) the national and State criminal history records of each applicant requiring a criminal history records check under subsection (a) of this section and a printed statement listing any convictions and pleas of guilty or nolo contendere to any criminal charge; and

(2) an acknowledged receipt of the application for a criminal history records check by an applicant requiring a criminal history records check.

(c) Information obtained by the Commission from the Central Repository under this section shall be confidential and may be disseminated only to the individual who is the subject of the criminal history records check.
Md. Code, Alcoholic Beverages and Cannabis § 16-204 — MD Code / Article gab / Title 16 / Subtitle 2 / Section 16-204
§16–204.
Status: in_force

The County Commissioners shall designate a chair from among the regular members of the Board.
Md. Code, Transportation § 16-904 — MD Code / Article gtr / Title 16 / Subtitle 9 / Section 16-904
§16–904.
Status: in_force

The Administration shall send a copy of each document and record described under § 16-903 of this subtitle to the Bureau of Diplomatic Security, Office of Foreign Missions, of the U.S. Department of State.
Md. Code, Agriculture § 16-109 — MD Code / Article gag / Title 16 / Subtitle 1 / Section 16-109
§16–109.
Status: in_force

§16–109. ** CONTINGENCY – IN EFFECT – CHAPTER 131 OF 2019 **

(a) If the Secretary finds that covered produce is in violation of the requirements of the Program, the Secretary may file a petition for condemnation of the covered produce in the circuit court of the county in which the covered produce was found.

(b) If a circuit court issues an order for condemnation of covered produce based on a finding that the produce is adulterated and unfit for human consumption, the finding shall be based on scientific fact, information, or criteria.

(c) (1) Subject to paragraphs (2) and (3) of this subsection, if a circuit court issues an order for condemnation of covered produce under this section, the covered produce shall be disposed of in the manner the court orders.

(2) If a circuit court orders the sale of covered produce:

(i) The proceeds from the sale, less the expenses associated with the condemnation procedure, including court costs, fees, and storage costs, shall be paid into the General Fund of the State; and

(ii) The sale of covered produce shall comply with the requirements of the Program.

(3) On execution and delivery of a good and sufficient bond prohibiting the sale or any other disposal of the covered produce that would violate the requirements of the Program, the circuit court may order that the covered produce be delivered to the owner of the covered produce, subject to the supervision of the Secretary.

(d) If the circuit court orders covered produce to be condemned, after the covered produce is released under bond or destroyed, the person intervening as a claimant of the covered produce is responsible for expenses associated with the condemnation procedure, including court costs, fees, and storage costs.

(e) (1) All proceedings held under this section shall be at the suit of and in the name of the State.

(2) Subject to paragraph (3) of this subsection, to the extent possible, the proceedings for libel actions shall conform to the proceedings for admiralty actions.

(3) Either party in a libel action may demand a jury trial of any issue of fact joined in any case.

(f) This section may not be construed to limit or alter any other authority provided in State or federal law for condemnation or seizure.
Md. Code, Transportation § 16-110 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-110
§16–110.
Status: in_force

(a) The Administration shall:

(1) Establish qualifications for the safe operation of the various classes, types, sizes, or combinations of vehicles; and

(2) Examine each applicant to determine the applicant’s qualifications for the license class applied for.

(b) Except as otherwise provided in this title, the Administration shall examine each applicant for an original driver’s license or for a class of driver’s license higher than that which the applicant currently holds.

(c) The examination shall include:

(1) A test of the applicant’s:

(i) Vision;

(ii) Ability to read and understand highway signs regulating, warning, and directing traffic; and

(iii) Knowledge of the traffic laws of this State and safe driving practices;

(2) A demonstration of the applicant’s ability to exercise reasonable control in driving a motor vehicle; and

(3) Any other additional physical or mental examination that the Administration considers necessary to determine an applicant’s fitness to drive a motor vehicle safely.

(d) If an applicant is qualified to take the required examinations for the license applied for, the applicant shall appear in person for examination at any one of the places in this State that the Administration has designated for this purpose.

(e) (1) (i) Subject to subparagraph (ii) of this paragraph, for a required driver skills examination or driver road examination, each applicant shall provide a motor vehicle of a type appropriate to test the applicant’s ability to drive all vehicles that may be driven under the license class applied for.

(ii) An applicant may not use an autocycle to test the applicant’s ability to drive under subparagraph (i) of this paragraph.

(2) Except as provided in paragraphs (3) and (4) of this subsection, when the holder of a learner’s instructional permit appears for the driving test, the permit holder shall be accompanied by an individual qualified under § 16–105 of this subtitle to accompany the holder of a learner’s permit while driving on a highway. That individual shall have his driver’s license with him.

(3) The holder of a Class M (motorcycle) learner’s instructional permit may:

(i) Transport a motorcycle to the driving test by truck or other vehicle unaccompanied by another individual, if the permit holder is licensed to drive the truck or other vehicle; or

(ii) Be accompanied by a person transporting a motorcycle to the test by truck or other vehicle, if that person is licensed to drive the truck or other vehicle.

(4) The holder of a learner’s instructional permit may be driven to the examination station and to the starting point where the examiner begins the test by any individual authorized to drive the class of vehicle in which the test is being given. That individual shall have a valid driver’s license in the individual’s possession.

(f) If the applicant does not pass the examination for the license class applied for, the Administration may issue the applicant any license of a lower class for which the applicant qualifies.

(g) Except as provided in subsection (h) of this section, the Administration may waive any driver’s license examination provided for under this title if the applicant:

(1) Holds a valid driver’s license issued under this subtitle;

(2) Is applying for a Class M license and has successfully completed the Administration approved basic motorcycle safety course; or

(3) Holds a valid license from:

(i) Another state;

(ii) A territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico; or

(iii) A province or territory of Canada.

(h) The Administration may not waive a vision examination required under this section unless the applicant:

(1) Is applying for a corrected driver’s license under § 16–114.1 of this subtitle; and

(2) Has passed a vision examination acceptable to the Administration within the last 12 months.
Md. Code, Business Occupations and Professions § 16-312 — MD Code / Article gbo / Title 16 / Subtitle 3 / Section 16-312
§16–312.
Status: reserved

(a) A licensed real estate appraiser shall:

(1) maintain a principal place of business; and

(2) in that principal place of business, display conspicuously the license issued under this subtitle.

(b) (1) Each licensee promptly shall give the Commission written notice of any change of name or address from that which appears on the current license.

(2) On receipt of notice, the Commission shall issue to the licensee a new license for the unexpired term.

(3) A licensee who is not a resident of the State may not be required to maintain a place of business in this State if the licensee maintains an active place of business in another state.
Md. Code, Health - General § 16-402 — MD Code / Article ghg / Title 16 / Subtitle 4 / Section 16-402
§16–402.
Status: in_force

When an individual enters a facility for comprehensive evaluation and when an individual with an intellectual disability is admitted to a public facility, each proponent of the admission shall be advised in writing, in clear and simple terms, of those provisions of this title that apply to that individual.
Md. Code, Transportation § 16-1005 — MD Code / Article gtr / Title 16 / Subtitle 10 / Section 16-1005
§16–1005.
Status: in_force

The Administration may adopt regulations to carry out this subtitle.
Md. Code, Land Use § 16-504 — MD Code / Article glu / Title 16 / Subtitle 5 / Section 16-504
§16–504.
Status: in_force

The county planning board shall employ full–time park employees and part–time employees as necessary to carry out the functions and programs of Title 25, Subtitle 8 of this article.
Md. Code, Alcoholic Beverages and Cannabis § 16-1802 — MD Code / Article gab / Title 16 / Subtitle 18 / Section 16-1802
§16–1802.
Status: in_force

The Board may impose a late fee of $50 for each day the application is late, up to a maximum amount of $500.
Md. Code, Agriculture § 16-102 — MD Code / Article gag / Title 16 / Subtitle 1 / Section 16-102
§16–102.
Status: in_force

§16–102. ** CONTINGENCY – IN EFFECT – CHAPTER 131 OF 2019 **

(a) There is a Maryland Produce Safety Program in the Department.

(b) The purpose of the Program is to reduce the risk of adverse impacts on human health from the consumption of contaminated produce.

(c) The Program shall conform with the federal standards for growing, harvesting, packing, and holding produce for human consumption.

(d) (1) The Secretary shall administer and enforce the Program.

(2) The Secretary may:

(i) Delegate the Secretary’s authority to enforce the standards for sprouts established under 21 C.F.R. Part 112, Subpart M, to the Secretary of Health;

(ii) Grant a qualified exemption to a farm; and

(iii) On notice and opportunity to be heard, and in accordance with 21 C.F.R. Part 112, Subpart R, suspend or revoke a qualified exemption granted to a farm by the Secretary.
Md. Code, Local Government § 16-406 — MD Code / Article glg / Title 16 / Subtitle 4 / Section 16-406
§16–406.
Status: in_force

The governing body of a county or municipality may exercise any incidental powers necessary to carry out the express powers granted in this subtitle.
Md. Code, Commercial Law § 16-208 — MD Code / Article gcl / Title 16 / Subtitle 2 / Section 16-208
§16–208.
Status: in_force

(a) If the owner of property subject to a lien institutes an action of replevin and establishes a right to the issuance of a writ but for the defendant’s alleged lien under this subtitle, the court shall issue the writ.

(b) (1) In the trial of the replevin action, the court shall determine:

(i) The amount of the lien claim, if any; and

(ii) The amount of any expenses properly incurred or accrued before the trial, including storage and advertising.

(2) If judgment is for the defendant:

(i) It may include reasonable attorney’s fees; and

(ii) It shall be either for the property replevied or for the amounts determined in accordance with paragraph (1) of this subsection.

(3) The defendant has the burden of proof to establish his lien claim to the same extent as if he were a plaintiff in an action to secure judgment on an open account.
Md. Code, Business Regulation § 16-207 — MD Code / Article gbr / Title 16 / Subtitle 2 / Section 16-207
§16–207.
Status: in_force

(a) Unless a license is renewed for a 1–year term as provided in this section, the license expires on the first April 30 after its effective date.

(b) At least 1 month before a license issued under this subtitle expires, the issuing official shall mail to the licensee, at the last known address of the licensee, a renewal notice that states:

(1) the date on which the current license expires;

(2) the date by which the issuing official must receive the renewal application for the renewal to be issued and mailed before the license expires; and

(3) the amount of the renewal fee.

(c) Before a license issued under this subtitle expires, the licensee may renew it for an additional 1–year term, if the licensee:

(1) otherwise is entitled to be licensed;

(2) submits to the issuing official a renewal application on the form that the issuing official requires; and

(3) pays to the issuing official:

(i) the license fee required under § 16–204 of this subtitle; and

(ii) if the license is issued by the Executive Director, the renewal fee required under § 16–204(h) of this subtitle.

(d) The issuing official shall renew the license of each licensee who meets the requirements of this section.
Md. Code, Commercial Law § 16-502 — MD Code / Article gcl / Title 16 / Subtitle 5 / Section 16-502
§16–502.
Status: in_force

(a) A hotel keeper has a lien on the baggage or other property in the hotel which belong to or are under the control of a guest for any charge due or to become due to the hotel keeper for:

(1) The price or value of food or accommodation;

(2) The amount of any loan or advance; or

(3) The amount provided by cashing a check, draft, or otherwise.

(b) The hotel keeper may retain possession of the property to which the lien attaches until all charges due or to become due to him are paid.

(c) If the charges which give rise to the lien are unpaid 15 days after they become due, the hotel keeper may sell the property to which the lien attaches at public sale.

(d) The hotel keeper shall publish notice of the time, place, and terms of the sale at least twice in one or more newspapers of general circulation in the county where the hotel is located. The first publication of notice shall be at least 10 days before the sale.

(e) (1) The proceeds of the sale shall be applied, in the following order, to:

(i) The expenses of the sale; and

(ii) The amount of the lien claim.

(2) After application of the proceeds in accordance with paragraph (1) of this subsection, any remaining balance shall be paid to the owner of the property.
Md. Code, Housing and Community Development § 16-301 — MD Code / Article ghs / Title 16 / Subtitle 3 / Section 16-301
§16–301.
Status: in_force

This subtitle does not apply to:

(1) an attorney in the General Counsel’s office;

(2) an employee who assists or acts in a confidential capacity for an individual who formulates, determines, or carries out management policies in the field of labor-management relations;

(3) a Montgomery Commission merit system employee during the employee’s initial probationary period; or

(4) a supervisor, as defined in § 2(11) of the National Labor Relations Act, 29 U.S.C. § 152(11).
Md. Code, Housing and Community Development § 16-201 — MD Code / Article ghs / Title 16 / Subtitle 2 / Section 16-201
§16–201.
Status: in_force

(a) Montgomery County may provide by local law for the county’s guarantee of the principal and interest on bonds that the Montgomery Commission issues:

(1) to finance the acquisition, provision, development, or rehabilitation of housing at rental rates and prices not being offered in adequate quantity by the private sector; or

(2) to finance wholly or partly:

(i) mortgage loans secured by the housing; and

(ii) fund-related reserves and costs that are approved under this subtitle.

(b) When a mortgage loan is financed partly by bonds guaranteed by Montgomery County and partly by bonds not so guaranteed, the part of the mortgage loan that is financed by bonds not so guaranteed shall be insured by:

(1) the Federal Housing Administration;

(2) the Maryland Housing Fund;

(3) a private mortgage insurer that is:

(i) authorized to do business in the State; and

(ii) approved by the Federal National Mortgage Association or the Federal National Mortgage Loan Corporation; or

(4) more than one of these insurers.
Md. Code, State Finance and Procurement § 16-303 — MD Code / Article gsf / Title 16 / Subtitle 3 / Section 16-303
§16–303.
Status: in_force

(a) The Attorney General may institute proceedings to debar a person under § 16-202(b) or § 16-203 of this title from:

(1) being considered for the award of, being awarded, or performing a contract with a public body if the Attorney General believes that the person is subject to debarment under § 16-202(b) of this title; or

(2) being considered for the award of, being awarded, or performing a contract with the State if the Attorney General believes that the person is subject to debarment under § 16-203 of this title.

(b) The Attorney General may recommend whether the Board should suspend a person under § 16-305 of this subtitle.

(c) The Attorney General:

(1) shall investigate the matters to be determined by the Board in a hearing under this title;

(2) as a party to any proceeding brought under this title, shall present to the Board the evidence that the Attorney General considers appropriate; and

(3) may recommend:

(i) whether the Board should debar the person; and

(ii) the appropriate time period of the debarment.

(d) (1) If the Attorney General reasonably believes that a person may have information or may be in possession, custody, or control of any original or copy of any book, record, report, memorandum, paper communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated, which the Attorney General believes is relevant to, or may lead to the discovery of, evidence relevant to the subject matter of an investigation of a possible basis for debarment under this title, the Attorney General, before initiating debarment proceedings or recommending suspension as provided for in this title, may serve on the person a written investigative demand which requires the person to perform any one or more of the following:

(i) to be examined under oath;

(ii) to answer written interrogatories; or

(iii) to produce documentary material and permit inspection and copying of such material.

(2) The demand of the Attorney General shall:

(i) state the grounds for debarment under investigation;

(ii) describe the class of documentary material to be produced under the demand with sufficient specificity to indicate fairly the material demanded;

(iii) contain a copy of the written interrogatories;

(iv) prescribe a reasonable time of not less than 3 days after the demand is served at which time the person must appear to testify, within which time the person must answer the written interrogatories, and within which time the documentary materials must be produced;

(v) specify the place for the taking of testimony and for the production of documentary materials; and

(vi) identify the member of the Office of the Attorney General who will:

1. take testimony;

2. receive the answers to the written interrogatories; and

3. review the documentary material to be made available for inspection and copying.

(3) A petition to extend the time for compliance or to modify or set aside a demand issued under this subsection may be filed at any time before the date specified in the demand in the circuit court of the county of the petitioner’s residence or principal place of business.
Md. Code, Environment § 16-101 — MD Code / Article gen / Title 16 / Subtitle 1 / Section 16-101
§16–101.
Status: reserved

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

(b) “Board” means the Board of Public Works.

(c) “County” includes Baltimore City unless otherwise indicated.

(d) “Department” means the Department of the Environment.

(e) “Dredging” means the removal or displacement by any means of soil, sand, gravel, shells, or other material, whether or not of intrinsic value, from any State or private wetlands.

(f) (1) “Filling” means:

(i) The displacement of navigable water by the depositing into State or private wetlands of soil, sand, gravel, shells, or other materials; or

(ii) The artificial alteration of navigable water levels by any physical structure, drainage ditch, or otherwise.

(2) “Filling” includes storm drain projects which flow directly into tidal waters of the State.

(3) “Filling” does not include:

(i) Drainage of agricultural land;

(ii) In–place replacement or repair of shore erosion control structures using substantially similar materials and construction design; or

(iii) Planting of wetlands vegetation when no grading or fill in State or private wetlands is necessary.

(g) “Landward boundary of wetlands” means the common boundary between wetlands, as defined in this section, and lands not included within the definitions of wetlands appearing in this section.

(h) “Licensed marine contractor” has the meaning stated in Title 17, Subtitle 3 of this article.

(i) (1) “Nonwater–dependent project” means a temporary or permanent structure that, by reason of its intrinsic nature, use, or operation, does not require location in, on, or over State or private wetlands.

(2) “Nonwater–dependent project” includes:

(i) A dwelling unit on a pier;

(ii) A restaurant, a shop, an office, or any other commercial building or use on a pier;

(iii) A temporary or permanent roof or covering on a pier;

(iv) A pier used to support a nonwater–dependent use; and

(v) A small–scale renewable energy system on a pier, including:

1. A solar energy system and its photovoltaic cells, solar panels, or other necessary equipment;

2. A geothermal energy system and its geothermal heat exchanger or other necessary equipment; and

3. A wind energy system and its wind turbine, tower, base, or other necessary equipment.

(3) “Nonwater–dependent project” does not include:

(i) A fuel pump or other fuel–dispensing equipment on a pier;

(ii) A sanitary sewage pump or other wastewater removal equipment on a pier;

(iii) A pump, a pipe, or any other equipment attached to a pier and associated with a shellfish nursery operation under a permit issued by the Department of Natural Resources under § 4–11A–23 of the Natural Resources Article; or

(iv) An office on a pier for managing marina operations, including monitoring vessel traffic, registering vessels, providing docking services, and housing electrical or emergency equipment related to marina operations.

(j) “Person” means any natural person, partnership, joint–stock company, unincorporated association or society, the federal government, the State, any unit of the State, a political subdivision, or other corporation of any type.

(k) (1) “Pier” means any pier, wharf, dock, walkway, bulkhead, breakwater, piles, or other similar structure.

(2) “Pier” does not include any structure on pilings or stilts that was originally constructed beyond the landward boundaries of State or private wetlands.

(l) (1) “Private wetlands” means any land not considered “State wetland” bordering on or lying beneath tidal waters, which is subject to regular or periodic tidal action and supports aquatic growth.

(2) “Private wetlands” includes wetlands, transferred by the State by a valid grant, lease, patent, or grant confirmed by Article 5 of the Maryland Declaration of Rights, to the extent of the interest transferred.

(m) (1) “Public notice” means the public notice and public informational hearing procedures established in § 5–204(b) through (e) of this article.

(2) “Public notice” does not mean notice as provided for in § 16–303 of this title.

(n) “Regular or periodic tidal action” means the rise and fall of the sea produced by the attraction of the sun and moon uninfluenced by wind or any other circumstance.

(o) “Secretary” means the Secretary of the Environment.

(p) “State wetlands” means any land under the navigable waters of the State below the mean high tide, affected by the regular rise and fall of the tide. Wetlands of this category which have been transferred by the State by valid grant, lease, patent, or grant confirmed by Article 5 of the Maryland Declaration of Rights shall be considered “private wetland” to the extent of the interest transferred.
Md. Code, Election Law § 16-801 — MD Code / Article gel / Title 16 / Subtitle 8 / Section 16-801
§16–801.
Status: in_force

(a) A person may not willfully:

(1) conceal, damage, or destroy voting equipment used or intended to be used on the day of election; or

(2) remove voting equipment from the custody of the election judges or other election officials.

(b) A person who violates this section is guilty of a felony and is subject to a fine of not more than $10,000 or imprisonment for not more than 3 years or both.
Md. Code, Commercial Law § 16-603 — MD Code / Article gcl / Title 16 / Subtitle 6 / Section 16-603
§16–603.
Status: in_force

After the filing and mailing of the notice of lien, if any person makes any payment to the patient, his attorney, heirs, or personal representative as compensation for the injuries, without paying the hospital the amount of the lien as provided in § 16-601 of this subtitle or as much of the lien as may be satisfied by any money due under any final judgment or under any compromise or settlement agreement after paying the amount of any prior lien, he is liable to the hospital for a period of one year from the date of making payment to the patient, his attorney, heirs, or personal representative.
Md. Code, Business Occupations and Professions § 16-503 — MD Code / Article gbo / Title 16 / Subtitle 5 / Section 16-503
§16–503.
Status: in_force

(a) To qualify for a certificate for residential or general real estate appraisal, an applicant shall be an individual who meets the requirements of this section.

(b) (1) An applicant shall:

(i) be of good character and reputation;

(ii) be at least 18 years old; and

(iii) satisfy the minimum real estate appraiser qualifications for residential certification or general certification, as appropriate, established under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.

(2) An applicant shall have completed:

(i) at least 1,500 hours providing real estate appraiser services as a real estate appraiser trainee under the supervision of a certified appraiser; or

(ii) the Real Property Appraiser Qualification Criteria of the Practical Applications of Real Estate Appraisal program adopted by the Appraisal Foundation Appraiser Qualifications Board authorized under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.

(3) Classroom hours of study required under this section may be conducted by:

(i) an accredited university, college, or community or junior college;

(ii) an approved appraisal society, institute, or association; or

(iii) another school that the Commission approves.

(4) The Commission shall approve all courses of study required under this section.

(5) The Commission may not require an applicant to hold a bachelor’s degree or higher to qualify for residential certification under this section.

(c) An applicant shall pass the examination for a certificate for residential or general real estate appraisal given by the Commission or the Commission’s designee under this subtitle.

(d) (1) If an applicant is not a resident of the State, the applicant shall submit to the Commission an irrevocable consent, as provided under this subsection.

(2) The consent required under this subsection shall specify that service of process on the Secretary of State shall bind the applicant in any action about the provision of certified real estate appraisal services against the applicant in any county of the State.

(e) An applicant shall meet any other requirement that the Commission adopts by regulation.

(f) The Commission shall adopt additional requirements under this section if necessary to comply with the minimum real estate appraiser qualifications established under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
Md. Code, Education § 16-402 — MD Code / Article ged / Title 16 / Subtitle 4 / Section 16-402
§16–402.
Status: in_force

(a) The Board of Community College Trustees for Baltimore County consists of 15 members appointed by the Governor, with the advice and consent of the Senate.

(b) Of the members:

(1) 1 serves at large; and

(2) 14 serve from the 7 councilmanic districts in Baltimore County, 2 from each district.

(c) (1) The term of a member is 5 years and begins on July 1.

(2) A member may not serve for more than 2 consecutive terms.

(d) (1) The Governor shall appoint a chairperson from among the members of the Board as of July 1, 1997.

(2) The chairperson appointed by the Governor shall serve until June 30, 2000.

(3) For the year beginning July 1, 2000, and each year thereafter, the Board shall elect a chairperson from among the members of the Board.
Md. Code, Alcoholic Beverages and Cannabis § 16-901 — MD Code / Article gab / Title 16 / Subtitle 9 / Section 16-901
§16–901.
Status: in_force

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

(b) (1) The license authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license.

(2) The license holder shall deliver the beer, wine, or liquor in a sealed package or container that may not be opened or its contents consumed on the licensed premises.

(c) The license may not be issued for a drugstore unless the applicant:

(1) has been doing business at the location applied for in the license for at least 1 year before the date of the application for the license;

(2) is the assignee of a business established for at least 1 year before the date of the application for the license at the location applied for; or

(3) has been engaged in the retail drug business for at least 3 years.

(d) The annual license fee is:

(1) from July 1, 2014, to June 30, 2017, $850; and

(2) beginning on July 1, 2017, $1,000.
Md. Code, Business Occupations and Professions § 16-5B-07 — MD Code / Article gbo / Title 16 / Subtitle 5B / Section 16-5B-07
§16–5B–07.
Status: in_force

An appraisal management company may not:

(1) knowingly employ a person in a position in which the person has the responsibility to order appraisals or to review completed appraisals who has had a license or certificate to act as an appraiser refused, denied, canceled, revoked, or surrendered in any state, unless the license or certificate was subsequently granted or reinstated;

(2) knowingly enter into an independent contractor arrangement for real estate appraisal services with a person who has had a license or certificate to act as an appraiser refused, denied, canceled, revoked, or surrendered in any state, unless the license or certificate was subsequently granted or reinstated; or

(3) knowingly enter into a contract, an agreement, or any other business relationship, for the purpose of obtaining real estate appraisal services, with an entity that employs, has entered into an independent contract arrangement with, or has entered into a contract, an agreement, or any other business relationship with a person who has ever had a license or certificate to act as an appraiser refused, denied, canceled, revoked, or surrendered in any state, unless the license or certificate was subsequently granted or reinstated.
Md. Code, Transportation § 16-1002 — MD Code / Article gtr / Title 16 / Subtitle 10 / Section 16-1002
§16–1002.
Status: in_force

(a) The Administration may issue an electronic credential to an individual in addition to, and not instead of, a license or an identification card if the Administration has issued to the individual:

(1) A license; or

(2) An identification card under § 12–301 of this article.

(b) The Administration may enter into agreements with an agency of the State, another state, or the United States, or through a national association of motor vehicle agencies, to facilitate the issuance, use, and verification of electronic credentials issued by the Administration or another state.

(c) The Administration may create an electronic credential that:

(1) Is capable of producing both a full profile and a limited profile; and

(2) Satisfies the purpose for which the profile is being presented.

(d) The Administration shall design the electronic credential in a manner that allows the credential holder to maintain physical possession of the device on which the electronic credential is accessed during verification.
Md. Code, Land Use § 16-102 — MD Code / Article glu / Title 16 / Subtitle 1 / Section 16-102
§16–102.
Status: in_force

(a) The Commission shall implement a merit system adopted under this subtitle.

(b) The merit system includes each employee of the Commission, except:

(1) the commissioners;

(2) the executive director, secretary–treasurer, and general counsel appointed by the Commission under § 15–109 of this article;

(3) (i) the Inspector General; and

(ii) any temporary term employee of the Office of the Inspector General appointed under § 15–503 of this article;

(4) a part–time or temporary employee under Subtitle 2 or Subtitle 5 of this title;

(5) in Montgomery County, each position excluded under § 20–204(b) of this article; and

(6) in Prince George’s County:

(i) the deputy chief of park police as provided in § 17–305 of this article; and

(ii) each director and deputy director as provided in § 20–204(c) of this article.
Md. Code, Insurance § 16-204 — MD Code / Article gin / Title 16 / Subtitle 2 / Section 16-204
§16–204.
Status: in_force

(a) Each policy of life insurance shall contain a provision that the policy, or the policy and the application for the policy if a copy of the application is endorsed on or attached to the policy when issued, constitute the entire contract between the parties.

(b) If the application is made part of the policy, the policy shall contain a provision that the statements in the application, in the absence of fraud, are considered representations and not warranties.
Md. Code, Education § 16-107 — MD Code / Article ged / Title 16 / Subtitle 1 / Section 16-107
§16–107.
Status: in_force

(a) Each board of trustees may carry comprehensive liability insurance to protect the board, its agents and employees, and the agents and employees of any community college under its jurisdiction. The purchase of the insurance is for an educational purpose and is a valid educational expense.

(b) The Commission may adopt standards for the policies, including a minimum liability coverage which may not be less than $100,000 per occurrence. Any policy purchased after the adoption of these standards shall conform to them.

(c) Each board of trustees complies with this section if it is self–insured, for at least $100,000 and not more than $500,000 per occurrence, under the rules and regulations of the State Insurance Commissioner.

(d) This section does not prevent any board of trustees, on its own behalf, from raising the defense of sovereign immunity described under § 5–519 of the Courts Article.
Md. Code, Education § 16-501 — MD Code / Article ged / Title 16 / Subtitle 5 / Section 16-501
§16–501.
Status: in_force

(a) The establishment of Baltimore City Community College is based on the findings and policies set forth in this section.

(b) (1) Public higher education should be accessible to all those who seek and qualify for admission.

(2) There is a need for an effective comprehensive urban community college in Baltimore City offering educational programs that will stimulate the participation of individuals, be responsive to the needs of the community, and afford open access to individuals with a variety of educational backgrounds.

(3) Businesses in the Baltimore metropolitan area are undergoing an economic transition and need and must be ready to make extensive use of and provide financial support for an effective, well-managed urban institution to train and educate their employees and prospective employees in skills and fields of study of importance to the region’s business community.

(4) A partnership between the State and business community is essential to attain the requisite level of financial support to create and sustain a quality institution that is responsive to the technological and continuing education needs of businesses.

(c) The purpose of the College is to provide quality, accessible, and affordable education to the citizens of Baltimore in the areas of basic skills, technical and career education, continuing education, and the arts and sciences.
Md. Code, Alcoholic Beverages and Cannabis § 16-502 — MD Code / Article gab / Title 16 / Subtitle 5 / Section 16-502
§16–502.
Status: in_force

Except as provided in § 16–503 of this subtitle, a holder of a wholesaler’s license may sell or deliver alcoholic beverages to a holder of a retail license from 6 a.m. to midnight on every day except Sunday.
Md. Code, Environment § 16-303 — MD Code / Article gen / Title 16 / Subtitle 3 / Section 16-303
§16–303.
Status: in_force

(a) The Secretary may:

(1) Modify, correct, or update the boundary maps established under § 16-301 of this subtitle; or

(2) Amend the regulations adopted under § 16-302 of this subtitle.

(b) The Secretary shall notify members of the public and affected property owners of proposed changes to wetlands maps or regulations as follows:

(1) A public hearing on proposed changes shall be held in each county in which affected wetlands are located; and

(2) Notice of proposed changes and of the public hearing shall be:

(i) Published in the Maryland Register;

(ii) Published at least once not more than 30 days and not fewer than 10 days before the date of the hearing in at least 1 newspaper published within and having a general circulation in every county where the affected wetlands are located, according to the advice of the county executive or president of the county commissioners;

(iii) Posted by the Department in the offices of each county government at locations that will best inform the public according to the advice of the county executive or president of the county commissioners; and

(iv) For proposed changes to wetlands maps and not for proposed changes to regulations, mailed by the Department by certified mail not less than 30 days before the public hearing to each owner shown on the tax records as an owner of land affected by a modification, correction, or update of the boundary map.

(c) Each revised map and amended regulation shall be filed among the land records in accordance with § 16-301(d) of this subtitle.

(d) (1) Subject to the provisions of paragraph (2) of this subsection, the amendment of a wetlands boundary map under this section may not be deemed to alter the boundaries of the Chesapeake Bay Critical Area designated under § 8-1807 of the Natural Resources Article.

(2) The boundaries of the Critical Area may be amended under § 8-1809 of the Natural Resources Article.
Md. Code, Transportation § 16-503 — MD Code / Article gtr / Title 16 / Subtitle 5 / Section 16-503
§16–503.
Status: in_force

(a) Subject to the regulations adopted under § 16-505(b) of this subtitle on the required offering of the program:

(1) The complete program shall be offered to all eligible individuals before they may obtain a provisional license under § 16-111 of this title; and

(2) Any individual to whom the program initially is offered remains eligible to enroll in the program until the individual becomes eligible to qualify for a provisional license.

(b) Once enrolled in the program, an individual is considered eligible until the individual completes the course.
Md. Code, Education § 16-304 — MD Code / Article ged / Title 16 / Subtitle 3 / Section 16-304
§16–304.
Status: in_force

(a) Each county governing body may appropriate money to pay the cost of establishing and operating a community college or regional community college.

(b) (1) The county governing body shall make appropriations by major functions established by the Commission.

(2) The major functions established by the Commission shall conform generally to those contained in the then-current College and University Industry Audit Guide issued by the American Institute of Certified Public Accountants.

(c) (1) A community college may not spend more on any major function than the amount appropriated for it.

(2) (i) Transfers of appropriations between major functions shall be submitted in writing and approved by the county governing body before they are made, and if the county governing body fails to act on a request for a transfer within 30 days, the request automatically is approved as requested; and

(ii) Except in Baltimore City, where the provisions of the city charter govern, transfers of appropriations within a major function may be made at the direction of the board of trustees and the county governing body shall be notified within 30 days of the transfer.

(d) Each county governing body may borrow money to purchase land and construct capital improvements for a community college. Money may be borrowed on terms and conditions the county governing body considers proper, subject to any requirements of local law applicable to the creation of public debt.

(e) (1) Except in Baltimore City and Anne Arundel County, where the provisions of the appropriate charter govern, each county governing body may appropriate money to establish a reserve fund for future plant maintenance and repair at a community college.

(2) If a reserve fund for future plant maintenance and repair is established, it shall be treated as an additional major function for the purposes of this section.

(3) Expenditures from the reserve fund for maintenance and repair may not be made unless approved in the same manner as the budget of the community college is approved.

(4) Funds appropriated under this subsection may not be considered “current expenses” for purposes of § 16-305(c)(2) of this subtitle.
Md. Code, Education § 16-410.1 — MD Code / Article ged / Title 16 / Subtitle 4 / Section 16-410.1
§16–410.
Status: in_force

§16–410.1.

On or before January 1, 2026, and each 6 months thereafter until a faculty union contract is finalized, the Board of Community College Trustees for Howard County shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the status of the faculty union contract.
Md. Code, Insurance § 16-203 — MD Code / Article gin / Title 16 / Subtitle 2 / Section 16-203
§16–203.
Status: in_force

(a) Each policy of life insurance shall contain a provision that the policy is incontestable, except for nonpayment of premiums, after the policy has been in force during the lifetime of the insured for 2 years after its date of issue.

(b) The incontestability provision described in subsection (a) of this section does not apply to policy provisions that relate to disability benefits or to additional benefits for death by accident or accidental means.

(c) A provision in a policy of life insurance that provides that the policy is incontestable after a specified period:

(1) precludes only a contest of the validity of the policy; and

(2) does not preclude the assertion of defenses based on provisions in the policy that exclude or restrict coverage, whether or not the restrictions or exclusions are excepted in the provision.
Md. Code, Housing and Community Development § 16-205 — MD Code / Article ghs / Title 16 / Subtitle 2 / Section 16-205
§16–205.
Status: in_force

(a) The local law implementing this subtitle shall provide procedures for review and approval of the issuance of bonds guaranteed by the county government.

(b) (1) The procedures shall include requirements for the County Executive to:

(i) comment on the feasibility of the proposed bond guarantee and each housing project contemplated by the proposed bond guarantee; and

(ii) recommend whether the proposed bond guarantee should be approved and any terms and conditions for approval.

(2) If the County Executive recommends approval, the recommendation shall include a statement that the proposed housing project is fully self-supporting.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, a recommendation by the County Executive to approve the proposed bond guarantee shall be supported by an acceptable independent feasibility study or studies that the Montgomery Commission submits.

(ii) The County Executive may waive the feasibility study requirement for a housing project financed, insured, or assisted by the State or the federal government.
Md. Code, Transportation § 16-708 — MD Code / Article gtr / Title 16 / Subtitle 7 / Section 16-708
§16–708.
Status: in_force

(a) Subject to the provisions of subsection (b) of this section, an act or omission of an official or employee of this State done or omitted under, or in enforcement of, the provisions of the Compact shall be subject to judicial review under the provisions of Title 10, Subtitle 2 (Administrative Procedure Act) of the State Government Article.

(b) Judicial review of the validity of a conviction in another state reported under Article III of the Compact shall be limited to establishing the identity of the individual who was convicted in another state.
Md. Code, Land Use § 16-314 — MD Code / Article glu / Title 16 / Subtitle 3 / Section 16-314
§16–314.
Status: in_force

(a) Employees may:

(1) form, join, or assist an employee organization;

(2) bargain collectively through a representative that the employees have chosen;

(3) engage in other lawful concerted activities for the purpose of collective bargaining; and

(4) refrain from any of the activities described in this subsection.

(b) (1) An employee or group of employees in the bargaining unit may:

(i) present to the Commission at any time a grievance arising under a collective bargaining agreement; and

(ii) have the grievance adjusted without the intervention of the exclusive representative of the bargaining unit.

(2) The Commission shall hear the grievance and participate in its adjustment.

(3) An adjustment may not be inconsistent with the collective bargaining agreement.

(4) The Commission shall give prompt notice of all adjustments to the exclusive representative.
Md. Code, Alcoholic Beverages and Cannabis § 16-2401 — MD Code / Article gab / Title 16 / Subtitle 24 / Section 16-2401
§16–2401.
Status: in_force

Title 4, Subtitle 9 (“Judicial Review”) of Division I of this article applies in the county without exception or variation.
Md. Code, Health Occupations § 16-305 — MD Code / Article gho / Title 16 / Subtitle 3 / Section 16-305
§16–305.
Status: in_force

(a) The Board shall issue a license to any applicant who, by the affirmative vote of a majority of the full authorized membership of the Board, meets the requirements of this title.

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

(1) The signature of the Secretary of Health attesting that the individual meets the requirements of this title; and

(2) A serial number that corresponds to an entry in the registration records of the Board.

(c) (1) On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 16–302.1 of this subtitle, in determining whether to grant a license, the Board shall consider:

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

(ii) The nature of the crime;

(iii) The circumstances surrounding the crime;

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

(v) Subsequent work history;

(vi) Employment and character references; and

(vii) Any other evidence that demonstrates whether the applicant poses a threat to the public health or safety.

(2) The Board may not issue a license if the criminal history record information required under § 16–302.1 of this subtitle has not been received.
Md. Code, Agriculture § 16-105 — MD Code / Article gag / Title 16 / Subtitle 1 / Section 16-105
§16–105.
Status: in_force

§16–105. ** CONTINGENCY – IN EFFECT – CHAPTER 131 OF 2019 **

(a) The Secretary may:

(1) Enter a covered farm, including a farm that has a qualified exemption, at a reasonable time, to inspect farm facilities, covered produce inventory, and any records that are required to be kept under § 16–104 of this title;

(2) Copy any record that is required to be kept under § 16–104 of this title;

(3) Take a reasonable sample of covered produce inventory to determine whether the farm is in compliance with the requirements of the Program; and

(4) Enter a farm that claims it is not subject to the requirements of the Program, based on the average annual monetary value of produce sold by the farm during the previous 3–year period, to inspect and verify the farm’s produce sales records.

(b) (1) Subject to paragraph (2) of this subsection, if the Secretary finds that a farm is in violation of the requirements of the Program, the Secretary may issue and enforce a written or printed stop–sale order to the farm.

(2) A stop–sale order issued by the Secretary under this subsection shall remain in effect until the Secretary:

(i) Finds the farm to be in compliance with the requirements of the Program; and

(ii) Provides a written release from the stop–sale order.
Md. Code, Alcoholic Beverages and Cannabis § 16-403 — MD Code / Article gab / Title 16 / Subtitle 4 / Section 16-403
§16–403.
Status: in_force

(a) This section applies to a Class 4 limited winery license in the county.

(b) A holder of a Class 4 limited winery license that applies for a Class A wine license under § 16–701 of this title is exempt from any license population quota limitation established under § 16–1601 of this title.
Md. Code, Environment § 16-401 — MD Code / Article gen / Title 16 / Subtitle 4 / Section 16-401
§16–401.
Status: in_force

This subtitle does not affect any past or future accretion to land under private ownership bounding on or surrounded by the waters of the Chincoteague, Isle of Wight, or Sinepuxent Bay.
Md. Code, Land Use § 16-305 — MD Code / Article glu / Title 16 / Subtitle 3 / Section 16-305
§16–305.
Status: in_force

(a) (1) A petition for an election of an exclusive representative may be submitted to the Labor Commissioner by:

(i) an employee organization that demonstrates that at least 30% of the eligible employees in the bargaining unit support representation by an exclusive representative for collective bargaining;

(ii) an employee, a group of employees, or an employee organization that demonstrates that at least 35% of the eligible employees in the bargaining unit certify that a majority of the eligible employees in the bargaining unit no longer support the current exclusive representative; or

(iii) subject to paragraph (2) of this subsection, the Commission, demonstrating that one or more employee organizations have presented to it a claim, supported by substantial proof, to be certified as the exclusive representative.

(2) The Labor Commissioner may accept a petition from the Commission only if the Labor Commissioner finds, on investigation of the petition, that a valid question of representation exists.

(b) Elections shall be conducted by:

(1) the Labor Commissioner; and

(2) secret ballot.

(c) Each ballot shall contain:

(1) the name of each employee organization that submits a valid petition;

(2) the name of any other employee organization supported by a valid petition signed by more than 10% of the eligible employees in the bargaining unit; and

(3) an option for no representation.

(d) (1) If none of the choices on the ballot receives a majority of the votes cast, the Labor Commissioner shall conduct a runoff election.

(2) In the runoff election, the ballot shall contain the two choices receiving the highest number of votes cast in the initial election.

(e) (1) After the election, the Labor Commissioner shall certify the employee organization that received a majority of the votes cast as the exclusive representative.

(2) An employee organization may not be certified as an exclusive representative except as provided in this subtitle.

(f) Elections may not be conducted within 2 years after a valid election held under this section.
Md. Code, Local Government § 16-301 — MD Code / Article glg / Title 16 / Subtitle 3 / Section 16-301
§16–301.
Status: in_force

Each county, municipality, and special taxing district shall adopt the fiscal year specified in § 16–101 of this title as its period for recording and reporting its fiscal transactions.
Md. Code, Business Occupations and Professions § 16-707 — MD Code / Article gbo / Title 16 / Subtitle 7 / Section 16-707
§16–707.
Status: in_force

(a) The Commission may impose on a person who violates this title a civil penalty not exceeding $5,000 for each violation, whether or not the person is licensed or holds a certificate under this title.

(b) In setting the amount of a civil penalty, the Commission shall consider:

(1) the seriousness of the violation;

(2) the good faith of the violator;

(3) any previous violations;

(4) the harmful effect of the violation on the complainant, the public, and the business of home inspections or real estate appraisals;

(5) the assets of the violator; and

(6) any other relevant factors.
Md. Code, Housing and Community Development § 16-308.1 — MD Code / Article ghs / Title 16 / Subtitle 3 / Section 16-308.1
§16–308.
Status: in_force

§16–308.1.

An employee organization certified as exclusive representative shall disclose to the employees represented by the employee organization all offers regarding wages made by the Montgomery Commission during collective bargaining negotiations conducted under this subtitle.
Md. Code, Land Use § 16-301 — MD Code / Article glu / Title 16 / Subtitle 3 / Section 16-301
§16–301.
Status: in_force

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

(b) “Arbitration” means a procedure by which the parties involved in a grievance submit their differences to an impartial third party for a final and binding decision.

(c) “Bargaining unit” means all employees except a confidential employee.

(d) “Collective bargaining” means the performance by the exclusive representative of the bargaining unit and the Commission of their mutual obligations to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment.

(e) “Collective bargaining agreement” means a written contract between the Commission and an employee organization implementing collective bargaining.

(f) “Confidential employee” means an employee who:

(1) acts in a confidential capacity and formulates and effectuates Commission policies that relate to collective bargaining with employees; or

(2) has access to confidential information not generally available to employees regarding the formulation and effectuation of Commission policies that relate to collective bargaining.

(g) “Employee” means a police officer who is ranked as a sergeant or below employed by the Commission.

(h) “Employee organization” means an organization that has as one of its primary purposes representing employees in collective bargaining.

(i) “Exclusive representative” means an employee organization that has been certified by the Labor Commissioner as representing the employees in the bargaining unit.

(j) “Grievance” means a dispute concerning the application or interpretation of the terms of a collective bargaining agreement or the regulations of the Commission that relate to terms and conditions of employment.

(k) “Impasse” means failure of the Commission and an exclusive representative to enter into a collective bargaining agreement at least 30 days before the day on which the Commission’s budget is due for submission to the Montgomery County Council and the Prince George’s County Council.

(l) “Labor Commissioner” means the Commissioner of Labor and Industry or the Commissioner’s designee.

(m) “Mediation” means assistance by an impartial third party to reconcile a dispute arising out of collective bargaining through interpretation, suggestion, and advice.

(n) “Strike” means the action:

(1) of an employee, in concert with others, to:

(i) refuse to report to work;

(ii) be willfully absent from the employee’s position;

(iii) stop or slow down work; or

(iv) abstain wholly or partially from the proper performance of duties; and

(2) taken for the purpose of inducing, influencing, or coercing a change in wages, hours, or other terms and conditions of employment.
Md. Code, Business Regulation § 16-309 — MD Code / Article gbr / Title 16 / Subtitle 3 / Section 16-309
§16–309.
Status: in_force

(a) Except as provided in subsection (b) of this section, a person who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of $100.

(b) A person who violates § 16–308.1 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:

(1) except as provided in items (2) and (3) of this subsection, $300;

(2) for a second violation occurring within 2 years after the first violation, $1,000; and

(3) for a third or subsequent violation occurring within 2 years after the preceding violation, $3,000.
Md. Code, Business Occupations and Professions § 16-4A-04 — MD Code / Article gbo / Title 16 / Subtitle 4A / Section 16-4A-04
§16–4A–04.
Status: in_force

(a) A home inspector licensed by the Commission shall maintain general liability insurance in the amount of at least $150,000.

(b) (1) An applicant shall submit proof of the insurance required under this section to the Commission with the license application.

(2) The Commission may not issue a license to an applicant unless the applicant submits proof of the insurance.

(c) Unless an applicant meets the insurance requirements of this section, the Commission may not renew the license.

(d) A licensee shall give the Commission notice of the cancellation of insurance required under this section at least 10 days before the effective date of the cancellation.