Md. Code, Agriculture § 5-104 — MD Code / Article gag / Title 5 / Subtitle 1 / Section 5-104
§5–104.
Status: in_force

(a) The Secretary, after public hearing, may adopt appropriate rules and regulations to carry out the provisions of this subtitle, including rules and regulations providing for the collection and examination of samples of pesticides.

(b) The Secretary may:

(1) Declare any form of plant or animal life or virus which is injurious to plants, humans, domestic animals, articles, or substances to be a pest;

(2) Determine whether any pesticide is highly toxic to humans; and

(3) Subject pesticides to the requirements of § 5–105 of this subtitle.

(c) Uniform pesticide requirements between the several states and the federal government are desirable to avoid confusion that endangers the public health and that results from diverse requirements, particularly relating to the labeling and coloring of pesticides, and to avoid increased costs to the people of the State due to the necessity of complying with diverse requirements for manufacturing and selling pesticides. Consequently, the Secretary, after public hearing, may adopt the rules and regulations of the appropriate agency of the United States government relating to pesticides, if the rules and regulations are applicable to and conform with the primary standards established by this subtitle.
Md. Code, Public Utilities § 5-410 — MD Code / Article gpu / Title 5 / Subtitle 4 / Section 5-410
§5–410.
Status: in_force

(a) This section applies to:

(1) a telegraph company that has its principal office in the State;

(2) a telephone company that has its principal office in the State;

(3) a corporation formed as a Class 13 corporation under Article 23, § 28 of the Code of 1904; and

(4) a telephone company that owns lines and provides local exchange or interexchange service in the State with the approval of the Commission.

(b) A company described in subsection (a) of this section has the same power granted to telegraph and telephone companies by §§ 8-103, 8-104, 8-105, and 8-106(a) of this article and may:

(1) construct and lay lines underground or above ground on any route for which it is authorized to construct lines as a whole or in part; and

(2) except as provided in subsection (d) of this section, acquire by condemnation, in accordance with Title 12 of the Real Property Article, any property or right that the company considers necessary for its purposes.

(c) (1) Before using either the surface of or the ground beneath the streets or highways of Baltimore City, the company shall obtain the consent of the Mayor and City Council.

(2) This subsection does not apply to corporations that were in practical operation on June 1, 1910, and that had laid or constructed lines, pipes, mains, or other structures in Baltimore City, unless the corporations use new and additional streets and highways in Baltimore City for their lines, pipes, mains, or other structures.

(d) This section does not authorize a telephone company described in subsection (a)(4) of this section that, as of September 30, 1993, did not have the power of condemnation granted to a telegraph company under §§ 8-103, 8-104, 8-105, and 8-106(a) of this article, to acquire property for communications towers or buildings.
Md. Code, Transportation § 5-605 — MD Code / Article gtr / Title 5 / Subtitle 6 / Section 5-605
§5–605.
Status: reserved

(a) (1) By appropriate action of their respective governing bodies, any two or more political subdivisions may agree to create a joint board and delegate to it the power granted by this subtitle to adopt and enforce airport zoning regulations for any airport located wholly or partly in any one or more of the political subdivisions.

(2) If a joint board is created under this section, it may exercise the powers granted by this subtitle to a political subdivision or its legislative body to the extent that these powers have been delegated to it by the political subdivision and subject to the rules, restrictions, guides, and standards established by the governing bodies of the political subdivisions that created it.

(b) Each joint board shall consist of:

(1) Two representatives of each political subdivision that creates the joint board, appointed by the chief executive officer of the political subdivision; and

(2) One additional member, who shall be the chairman, elected by a majority of the appointed members.

(c) (1) Each member of a joint board serves for a term of 4 years and until his successor is appointed and qualifies.

(2) On written charges and after a public hearing, the respective appointing authority may remove any member of a joint board for cause.

(3) A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term.

(d) (1) Each joint board shall adopt rules for the conduct of its business.

(2) Meetings of a joint board shall be held at the call of the chairman or a majority of the joint board. All meetings of the board shall be open to the public.

(3) Each joint board shall keep minutes of its proceedings, showing the absence, vote, or failure to vote of each member on each question, and records of its examinations and other official actions. These minutes and records shall be filed immediately in the office of the joint board and shall be a public record.

(e) (1) At a meeting of a joint board, the chairman or, in his absence, the acting chairman may administer oaths and issue subpoenas and orders for the attendance of witnesses and the production of papers, books, and documents.

(2) If a person fails to comply with any subpoena or order issued under this subsection, the chairman or acting chairman may invoke the aid of a court of competent jurisdiction. The court may order that person to obey the subpoena or order or to give evidence about the matter in question.
Md. Code, Agriculture § 5-210.4 — MD Code / Article gag / Title 5 / Subtitle 2 / Section 5-210.4
§5–210.
Status: in_force

§5–210.4.

(a) The Secretary may bring an action for an injunction against a person who violates any provision of this subtitle.

(b) In an action for an injunction under this section, any finding of the Secretary after a hearing is prima facie evidence of each fact the Secretary determines.

(c) On a showing that a person is violating any provision of this subtitle, a court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law.

(d) An action for an injunction under this section is in addition to, and not instead of, criminal prosecution taken under § 5-211 of this subtitle or imposition of civil penalties under § 5-210.2 of this subtitle.
Md. Code, Family Law § 5-315 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-315
§5–315.
Status: in_force

(a) Within 5 days after a petition for guardianship of a child is filed with a juvenile court, the clerk shall send a copy of the petition, with the notice of filing that was attached to the petition, to:

(1) the local department;

(2) each of the child’s living parents who has not waived the right to notice;

(3) each living parent’s last attorney of record in the CINA case; and

(4) the child’s last attorney of record in the CINA case.

(b) Notice under this section shall be by first-class mail.

(c) Notice under this section shall be sent to a parent’s last address known to the juvenile court.
Md. Code, Economic Development § 5-206 — MD Code / Article gec / Title 5 / Subtitle 2 / Section 5-206
§5–206.
Status: in_force

(a) Except as otherwise provided in this subtitle, the Department may set the terms and conditions for loans and grants made under this subtitle.

(b) The Department shall:

(1) determine whether to approve loan requests from qualified applicants for loans under this subtitle;

(2) set the terms and conditions for loans made under this subtitle; and

(3) determine that the applicant was unable to obtain the financing necessary for the activities on affordable terms through the normal lending channels.

(c) The maximum amount of a loan made with money from the Economic Development Administration of the United States Department of Commerce may not exceed the limit it sets by regulation.

(d) The proceeds of a loan may be used for working capital, equipment, furnishings, fixtures, or the construction, rehabilitation, or purchase of real property for the activities that the Department approves.

(e) The Department may authorize a flexible repayment schedule for a loan under this subtitle.
Md. Code, Transportation § 5-906 — MD Code / Article gtr / Title 5 / Subtitle 9 / Section 5-906
§5–906.
Status: in_force

Any person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
Md. Code, Economic Development § 5-522 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-522
§5–522.
Status: in_force

The Fund consists of:

(1) premiums for guaranteeing loans under § 5-525(a) of this subtitle;

(2) premiums for guaranteeing equity investments under § 5-525(b) of this subtitle;

(3) repayments of principal of and interest on direct loans made under § 5-525(c) of this subtitle;

(4) proceeds from the sale, disposition, lease, or rental of collateral for direct loans or loan guaranties made under § 5-525 of this subtitle; and

(5) all other receipts of the Authority under this part.
Md. Code, Transportation § 5-217 — MD Code / Article gtr / Title 5 / Subtitle 2 / Section 5-217
§5–217.
Status: in_force

(a) An agent or employee of the Administration or member of the Commission may not:

(1) Contract with the Administration for the delivery of goods or services at any State-owned airport;

(2) Have any direct or indirect interest in a contract with the Administration concerning the delivery of goods or services at any State-owned airport; or

(3) Have any direct or indirect interest in the sale or purchase by the Administration of any property, except for employee participation in programs established by Subtitle 12 of this title.

(b) Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
Md. Code, Health - General § 5-408.1 — MD Code / Article ghg / Title 5 / Subtitle 4 / Section 5-408.1
§5–408.
Status: in_force

§5–408.1.

Except as provided in § 5–408(a)(2) of this subtitle, this subtitle does not deny the right of a donor to provide by a document described in § 5–509 of this title for the ultimate disposition and repose of the donor’s last remains.
Md. Code, Agriculture § 5-305 — MD Code / Article gag / Title 5 / Subtitle 3 / Section 5-305
§5–305.
Status: in_force

(a) The Secretary shall determine whether any plant infestation, plant infection or animal or human disease with a known or suspected arthropod vector exists which may be controlled or its spread retarded by aircraft dissemination of pesticides.

(b) If the Secretary determines that an infestation, infection, or disease exists, he may control or retard its spread by aircraft dissemination of pesticides, notwithstanding any other provision of law.

(c) To carry out the provisions of this section, the Secretary may expend funds appropriated in the State budget or otherwise for use in controlling incipient, emergency, or persistent insect, fungus, or disease outbreaks which the Secretary determines require immediate elimination as a menace to the economic welfare and health of the people of the State.

(d) The Secretary may receive and expend funds from any person for the purposes of this section. He may employ personnel and execute work undertaken pursuant to this section by contract or open account as he deems to be in the best interest of the State.

(e) The Secretary may cooperate with any other state or any other state or federal agency in determining the necessity for and conducting aircraft dissemination of pesticides. In the case of human diseases, the Secretary shall cooperate with the Maryland Department of Health.
Md. Code, Natural Resources § 5-1004 — MD Code / Article gnr / Title 5 / Subtitle 10 / Section 5-1004
§5–1004.
Status: reserved

(a) (1) The lands between Viers Mill Road and Georgia Avenue described in the 1980 Highway Needs Inventory as the right-of-way reserved for the Rockville facility in Montgomery County, being owned by the State, shall be:

(i) Designated as the Matthew Henson State Park; and

(ii) Held by the State as a State park under the protection and administration of the Department.

(2) Matthew Henson State Park shall also include:

(i) The land identified in the Aspen Hill Master Plan as Significant Parcel 13, with the exception of any land that was the subject of a lease between any person and an agency of the State government on or before June 5, 2002; and

(ii) The State-owned land bordering on the northeast portion of Significant Parcel 13 in the Aspen Hill Master Plan.

(3) Except as provided in subsection (c) of this section, the Department shall exercise the same power of adopting regulations and managing Matthew Henson State Park as is done for any other State park.

(b) (1) Any land acquired under subsection (a) of this section is subject to all of the public general laws enacted by the General Assembly that are not inconsistent with this section. However, the provisions of this section prevail over any other State law enacted before July 1, 1989.

(2) If specifically authorized by an act of the General Assembly, a part of the Matthew Henson State Park may be used for transportation purposes.

(c) (1) Subject to the availability of local, State, or federal funds, including any necessary matching funds, and subject to the provisions of paragraph (2) of this subsection:

(i) A hiker/biker or other recreational trail may be constructed within Matthew Henson State Park; and

(ii) A public pavilion, named in honor of Senator Idamae Garrott, may be constructed within Matthew Henson State Park.

(2) Prior to the construction of a hiker/biker or other recreational trail or pavilion in Matthew Henson State Park, the Department of Natural Resources or other appropriate governmental agency shall:

(i) Review all studies concerning the environmental impact and trail alignment options prepared for the Montgomery County Planning Board;

(ii) Determine that construction, including the location and method of construction, is consistent with the environmentally sensitive nature of the Park and is in the public interest; and

(iii) Obtain the approval of the Montgomery County Planning Board, the Montgomery County Council, and the County Executive.
Md. Code, Natural Resources § 5-705 — MD Code / Article gnr / Title 5 / Subtitle 7 / Section 5-705
§5–705.
Status: in_force

Any person who causes any fire by violating § 5-704(a) or (b) or § 5-712 of this subtitle is liable to the State and county where the fire occurs in an action for debt to the full amount of all expenses incurred by the State or county in fighting and extinguishing the fire.
Md. Code, Estates and Trusts § 5-202 — MD Code / Article get / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

The petition shall state the reasons why any information required by § 5–201 of this subtitle cannot be furnished by the petitioner.
Md. Code, Corporations and Associations § 5-119 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-119
§5–119.
Status: in_force

(a) The relationship between an individual rendering professional services as an employee of a domestic or foreign professional corporation and the client or patient of the individual is the same as if the individual were rendering the services as a sole practitioner.

(b) The relationship between a domestic or foreign professional corporation and the client or patient for whom an employee of the corporation is rendering professional services is the same as that between the client or patient and the employee.
Md. Code, State Finance and Procurement § 5-401 — MD Code / Article gsf / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

(a) To establish relative priorities and avoid duplication and conflicts, the Department shall advise the Governor on the means and methods available to coordinate the plans and programs of all units of the State government.

(b) To avoid duplication and conflicts, the Department shall advise the Governor on the means and methods available to coordinate the plans and programs of federal, State, regional, and local governments.
Md. Code, Transportation § 5-801 — MD Code / Article gtr / Title 5 / Subtitle 8 / Section 5-801
§5–801.
Status: in_force

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

(b) “Airport” means any airport licensed by the Administration.

(c) “Cumulative noise exposure” means a calculated or measured value for the exposure to aircraft noise in a 24-hour period at a given location.

(d) “Impacted land use area” means an area within a noise zone occupied by a land use with a limit for cumulative noise exposure that is less than the actual cumulative noise exposure in that area.

(e) “Limit for cumulative noise exposure” means the maximum cumulative noise exposure for a given land use that is compatible with that land use.

(f) “Noise zone” means an area of land surrounding an airport within which the cumulative noise exposure is equal to or greater than the lowest limit for cumulative noise exposure established by the Executive Director.

(g) “Substantially alter” includes reconstruct, rebuild, replace, or substantially change or repair.
Md. Code, Local Government § 5-202 — MD Code / Article glg / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

The legislative body of a municipality may adopt ordinances to:

(1) assure the good government of the municipality;

(2) protect and preserve the municipality’s rights, property, and privileges;

(3) preserve peace and good order;

(4) secure persons and property from danger and destruction; and

(5) protect the health, comfort, and convenience of the residents of the municipality.
Md. Code, Insurance § 5-917 — MD Code / Article gin / Title 5 / Subtitle 9 / Section 5-917
§5–917.
Status: in_force

(a) Credit shall be allowed when reinsurance is ceded to an assuming insurer that:

(1) has its head office or is domiciled in and licensed in a reciprocal jurisdiction;

(2) has and maintains on an ongoing basis:

(i) minimum capital and surplus, or its equivalent, calculated according to the methodology of its domiciliary jurisdiction, in an amount to be set forth in regulation; or

(ii) if the assuming insurer is an association, including incorporated and individual unincorporated underwriters:

1. minimum capital and surplus equivalents, net of liabilities, calculated according to the methodology applicable in its domiciliary jurisdiction; and

2. a central fund containing a balance in an amount the Commissioner requires by regulation;

(3) maintains a minimum solvency or capital ratio, as the Commissioner requires by regulation;

(4) if the assuming insurer is an association, including incorporated and individual unincorporated underwriters, maintains a minimum solvency or capital ratio:

(i) in the reciprocal jurisdiction where the assuming insurer has its head office or is domiciled; and

(ii) where it is also licensed;

(5) agrees and provides adequate assurance to the Commissioner, in a form the Commissioner specifies by regulation, to provide prompt written notice and explanation to the Commissioner:

(i) if the assuming insurer falls below any minimum requirement set forth in item (2), (3), or, if applicable, (4) of this subsection; or

(ii) if any regulatory action is taken against the assuming insurer for serious noncompliance with applicable law;

(6) consents in writing to:

(i) the jurisdiction of the courts of the State;

(ii) the appointment of the Commissioner as agent for service of process; and

(iii) if the Commissioner requires, include in the reinsurance agreement the appointment of the Commissioner as agent for service of process;

(7) consents in writing to pay all final judgments, wherever enforcement is sought, obtained by a ceding insurer or its legal successor, that have been declared enforceable in the jurisdiction where the judgment was obtained;

(8) agrees to include in each reinsurance agreement a provision requiring the assuming insurer to provide security in an amount equal to 100% of the assuming insurer’s liabilities attributable to reinsurance ceded under that agreement if the assuming insurer resists:

(i) enforcement of a final judgment that is enforceable under the law of the jurisdiction where the judgment was obtained; or

(ii) a properly enforceable arbitration award, whether obtained by the ceding insurer or by its legal successor on behalf of the ceding insurer’s resolution estate;

(9) confirms that:

(i) the assuming insurer is not participating in any solvent scheme of arrangement that involves the State’s ceding insurers; or

(ii) if the assuming insurer enters into a solvent scheme of arrangement:

1. the assuming insurer agrees to notify the ceding insurer and the Commissioner; and

2. the assuming insurer will provide security in an amount equal to 100% of the assuming insurer’s liabilities to the ceding insurer, in a form consistent with the requirements of §§ 5–908 through 5–911 and 5–914 of this subtitle and as the Commissioner specifies by regulation;

(10) on request by the Commissioner, provides, on behalf of the assuming insurer and any legal predecessors, documentation to the Commissioner required under regulations the Commissioner adopts;

(11) maintains a practice of prompt payment of claims under reinsurance agreements, in accordance with regulations the Commissioner adopts; and

(12) has a supervisory authority that confirms to the Commissioner on an annual basis that the assuming insurer complies with the requirements of items (2), (3), and, if applicable, (4) of this subsection:

(i) as of the immediately preceding December 31; or

(ii) at the annual date otherwise statutorily reported to the reciprocal jurisdiction.

(b) (1) The Commissioner shall timely create and publish a list of reciprocal jurisdictions.

(2) The Commissioner’s list shall:

(i) include any reciprocal jurisdiction as defined in § 5–901(g)(1) and (2) of this subtitle; and

(ii) consider any other reciprocal jurisdiction included on the NAIC list of reciprocal jurisdictions published through the NAIC committee process.

(3) The Commissioner may approve a jurisdiction that does not appear on the NAIC list of reciprocal jurisdictions in accordance with regulations the Commissioner adopts.

(4) (i) The Commissioner may not remove a jurisdiction that meets the requirements of a reciprocal jurisdiction from the list of reciprocal jurisdictions.

(ii) 1. Except as provided in subsubparagraph 2 of this subparagraph, the Commissioner may remove a jurisdiction from the list of reciprocal jurisdictions on a determination that the jurisdiction no longer meets the requirements of a reciprocal jurisdiction in accordance with a process set forth in regulations the Commissioner adopts.

2. The Commissioner may not remove from the list of reciprocal jurisdictions a jurisdiction as defined in § 5–901(g)(1) or (2) of this subtitle.

(5) On removal of a jurisdiction from the list of reciprocal jurisdictions, credit for reinsurance ceded to an assuming insurer that has its home office or is domiciled in that jurisdiction shall be allowed, if otherwise allowed under this subtitle.

(c) (1) The Commissioner shall timely create and publish a list of assuming insurers that have satisfied the conditions set forth in this section and to which cessions shall be granted credit in accordance with this section.

(2) The Commissioner may add an assuming insurer to the list under paragraph (1) of this subsection:

(i) if an NAIC–accredited jurisdiction has added the assuming insurer to a list of assuming insurers; or

(ii) if, on initial eligibility, the assuming insurer submits information to the Commissioner:

1. as required under subsection (a)(5) through (9) of this section; and

2. complies with any additional requirements that the Commissioner may impose by regulation, except to the extent that the requirements conflict with an applicable covered agreement.

(d) (1) If the Commissioner determines that an assuming insurer no longer meets one or more of the requirements under this section, the Commissioner may revoke or suspend the eligibility of the assuming insurer for recognition under this subsection in accordance with procedures set forth in regulation.

(2) While an assuming insurer’s eligibility is suspended:

(i) a reinsurance agreement issued, amended, or renewed after the effective date of the suspension may not qualify for credit; but

(ii) credit may be allowed only to the extent that the assuming insurer’s obligations under the contract are secured in accordance with § 5–914 of this subtitle.

(3) If an assuming insurer’s eligibility is revoked:

(i) credit for reinsurance may not be granted after the effective date of the revocation with respect to:

1. any reinsurance agreements entered into by the assuming insurer after the date of revocation; or

2. any reinsurance agreements entered into prior to the date of revocation; but

(ii) credit for reinsurance may be granted to the extent that the assuming insurer’s obligations under the contract are secured in a form acceptable to the Commissioner and consistent with § 5–914 of this subtitle.

(e) Subject to a legal process of rehabilitation, liquidation, or conservation, the ceding insurer or its representative may seek or obtain an order requiring the assuming insurer to post security for all outstanding liabilities if the court in which proceedings are pending determines the order appropriate.

(f) Except as expressly prohibited by this subtitle or other law, this section does not limit or alter the capacity of parties to a reinsurance agreement to agree on requirements for security or other terms in that reinsurance agreement.

(g) (1) Credit may be taken under this section:

(i) only for reinsurance agreements entered into, amended, or renewed on or after the date when the assuming insurer has satisfied the requirements to assume reinsurance under this section; and

(ii) only with respect to losses incurred and reserves reported on or after the later of:

1. the date when the assuming insurer has met all eligibility requirements under subsection (a) of this section; or

2. the effective date of the new reinsurance agreement, amendment, or renewal.

(2) If credit is not available under this section, this section does not alter or impair a ceding insurer’s right to take credit for reinsurance if the reinsurance qualifies for credit under another provision of this subtitle.

(3) Except as allowed by the terms of the agreement, this section does not authorize an assuming insurer to withdraw or reduce the security provided under any reinsurance agreement.

(4) This section does not limit or in any way alter the capacity of parties to any reinsurance agreement to renegotiate the agreement.

(h) (1) This section does not preclude an assuming insurer from providing the Commissioner with information on a voluntary basis.

(2) Subsection (a)(6) of this section does not limit or alter the capacity of parties to a reinsurance agreement to agree to alternative dispute resolution mechanisms, except to the extent those agreements are unenforceable under insolvency or delinquency laws.
Md. Code, Natural Resources § 5-424 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-424
§5–424.
Status: in_force

“Urban and community forestry” means the management of forests and trees in urban and community areas to improve their health, vigor, and composition.
Md. Code, Family Law § 5-1311 — MD Code / Article gfl / Title 5 / Subtitle 13 / Section 5-1311
§5–1311.
Status: in_force

(a) The Department shall establish and maintain a child welfare training academy to provide training on best practices for the following individuals:

(1) child welfare staff;

(2) child welfare administrators;

(3) foster parents; and

(4) kinship caregivers.

(b) The Department may provide training on best practices for the following individuals:

(1) the State Citizens’ Review Board for Children staff and volunteers; and

(2) Court–Appointed Special Advocate staff and volunteers.
Md. Code, Education § 5-402 — MD Code / Article ged / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

(a) Beginning on July 1, 2020, and continuing until June 30, 2032, there is an Accountability and Implementation Board.

(b) The Board is an independent unit of State government.

(c) (1) (i) The purpose of the Board is to hold State and local governments, including county boards, accountable for implementing the Blueprint for Maryland’s Future and evaluating the outcomes achieved against the goals of the Blueprint for Maryland’s Future and the Commission during the implementation period.

(ii) The Board shall strive to provide equal access to a high–quality education with equitable outcomes for each Maryland student regardless of the student’s race, ethnicity, gender, address, disability status, socioeconomic status, or the language spoken in the student’s home.

(2) To achieve its purpose, the Board shall:

(i) Develop a Comprehensive Implementation Plan for the Blueprint for Maryland’s Future that all units of State and local government responsible for implementing the Blueprint for Maryland’s Future will follow;

(ii) Hold State and local governments accountable for implementing the Comprehensive Implementation Plan;

(iii) Monitor implementation of the Comprehensive Implementation Plan during the implementation period; and

(iv) Evaluate the outcomes achieved during implementation of the Blueprint for Maryland’s Future.

(d) (1) (i) The Board is composed of seven members appointed by the Governor, with the advice and consent of the Senate, chosen from a slate prepared by the Nominating Committee established under § 5–403 of this subtitle.

(ii) When appointing members of the Board, the Governor shall select from the slate of nominees nominated in accordance with § 5–403(c) of this subtitle.

(iii) The Governor shall appoint members to the Board within 30 days after the date on which the Governor receives the slate of nominees nominated in accordance with § 5–403(c) of this subtitle.

(2) The Board shall consist of individuals who collectively:

(i) Reflect, to the extent practicable, the geographic, racial, ethnic, cultural, and gender diversity of the State; and

(ii) Have a high level of knowledge and expertise in:

1. Early education through secondary education policy;

2. Postsecondary education policy;

3. Teaching in public schools;

4. Strategies used by top–performing state and national education systems in the world;

5. Leading and implementing systemic change in complex organizations; and

6. Financial auditing and accounting.

(3) The Governor, the President of the Senate, and the Speaker of the House of Delegates jointly shall appoint a chair of the Board from among the Board’s members.

(4) A member of the Board:

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

(ii) Is entitled to reimbursement for expenses under the Standard State Travel Regulations for duties performed under this subtitle.

(5) (i) The term of a member is 6 years.

(ii) The terms of the members are staggered as follows:

1. The terms of three initial members shall terminate on July 1, 2024;

2. The terms of two initial members shall terminate on July 1, 2025; and

3. The terms of two initial members shall terminate on July 1, 2026.

(iii) A member may be renominated by the Nominating Committee.

(6) A majority of Board members constitutes a quorum.

(7) Action by the Board requires the affirmative vote of a majority of the appointed members.

(e) (1) The Board shall appoint an executive director and hire staff sufficient to carry out its powers and duties under this subtitle.

(2) The Board may retain any necessary accountants, financial advisers, or other consultants.

(3) (i) For fiscal year 2021, the Governor shall include an appropriation of at least $1,500,000 in the annual budget bill for the establishment of the Board.

(ii) For fiscal years 2022 through 2032, the Governor shall include in the annual budget bill an appropriation of at least $1,800,000 for the Board, which includes funds to support 15 professional staff.

(iii) 1. For each of fiscal years 2022 through 2024, the Governor shall include an appropriation of at least $3,000,000 in the annual budget bill for the Board to be used in accordance with this subparagraph.

2. The Board shall use the funds provided under this subparagraph to provide technical assistance to county boards to develop and implement the plan required under § 5–404 of this subtitle.

3. The Board may allocate a portion of the funds provided under this subparagraph to the CTE Committee to provide technical assistance to county boards to meet the requirements under § 21–207 of this article.

(f) The Board may:

(1) Adopt regulations to carry out the provisions of this subtitle;

(2) Adopt bylaws for the conduct of its business;

(3) Maintain offices at a place the Board designates in the State;

(4) Accept loans, grants, or assistance of any kind from any entity of federal, State, or local government, an institution of higher education, or a private source;

(5) Enter into contracts or other legal instruments, including, as necessary, contracts with independent experts to fulfill any of its duties under this subtitle;

(6) Sue or be sued; and

(7) Subpoena data needed to complete its functions and duties under this subtitle.

(g) (1) Except as provided in this subsection, the Board is exempt from:

(i) Title 10 and Division II of the State Finance and Procurement Article; and

(ii) The provisions of Division I of the State Personnel and Pensions Article that govern the State Personnel Management System.

(2) The Board is subject to the Public Information Act.

(3) (i) The Board is subject to the Open Meetings Act.

(ii) 1. Each open Board meeting shall be made available to the public through live video streaming.

2. The Board shall make publicly available on the Internet a complete, unedited archived video recording of each open meeting for a minimum of 5 years after the date of the meeting.

(4) The Board and its officers and employees are subject to the Maryland Public Ethics Law.

(5) The Board and its employees are subject to Title 12, Subtitle 4 of the State Finance and Procurement Article.

(h) (1) The Board is not intended to usurp or abrogate:

(i) The operational authority of the Department, the Governor’s Workforce Development Board, the Maryland Higher Education Commission, the Department of Commerce, or the Maryland Department of Labor; or

(ii) The day–to–day decision making of county boards, local superintendents, institutions of higher education, or other stakeholders with a role to play in the implementation of the Blueprint for Maryland’s Future.

(2) The Board may not usurp or abrogate the lawful collective bargaining process due educators and others in the State.

(3) (i) The Board shall have plenary authority over all matters within its jurisdiction under this subtitle, including the intended outcomes of the Blueprint for Maryland’s Future.

(ii) In the event of a conflict between a decision or policy of the Board and the decision or policy of another entity on a matter within the Board’s jurisdiction, the Board’s decision or policy shall control.
Md. Code, Courts and Judicial Proceedings § 5-1003 — MD Code / Article gcj / Title 5 / Subtitle 10 / Section 5-1003
§5–1003.
Status: in_force

(a) (1) A prisoner may not maintain a civil action until the prisoner has fully exhausted all administrative remedies for resolving the complaint or grievance.

(2) Except as provided in paragraph (3) of this subsection, an administrative remedy is exhausted when the prisoner has pursued to completion all appropriate proceedings for appeal of the administrative disposition, including any available proceedings for judicial review.

(3) Judicial review following administrative consideration shall be the exclusive judicial remedy for any grievance or complaint within the scope of the administrative process, unless the prisoner’s complaint or grievance was found to be meritorious and monetary damages were not available through the administrative remedy available to the prisoner.

(b) (1) When a prisoner files a civil action, the prisoner shall attach to the initial complaint proof that administrative remedies have been exhausted.

(2) The attachment shall include proof:

(i) That the prisoner has filed a complaint or grievance with the appropriate agency;

(ii) Of the administrative disposition of the complaint or grievance; and

(iii) That the prisoner has appealed the administrative disposition to the appropriate authority, including proof of judicial review, if available.

(3) On receipt of a prisoner’s initial complaint that does not have attached to it proof that the prisoner has fully exhausted the administrative remedies available, the court shall dismiss the case without prejudice and grant the prisoner reasonable leave to amend the complaint and to provide the proof necessary to demonstrate that the prisoner has fully exhausted the administrative remedies.

(c) A court shall dismiss a civil action if the prisoner filing the action has not completely exhausted the administrative remedies.
Md. Code, Corporations and Associations § 5-320 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-320
§5–320.
Status: in_force

(a) The corporators may amend the charter of a religious corporation formed under this part at any time they consider appropriate.

(b) (1) If an amendment is adopted under this section, the corporators shall adopt and sign articles of amendment for the religious corporation. These articles shall set forth the amendment and state that the amendment was approved by the corporators.

(2) At least three of the corporators shall acknowledge the articles and verify under oath the matters and facts contained in the articles.

(3) The corporators shall file the articles of amendment for record with the Department.
Md. Code, Business Occupations and Professions § 5-210 — MD Code / Article gbo / Title 5 / Subtitle 2 / Section 5-210
§5–210.
Status: in_force

The Board exercises its powers, duties, and functions subject to the authority of the Secretary.
Md. Code, Labor and Employment § 5-308 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-308
§5–308.
Status: in_force

(a) Subject to subsection (b) of this section, the Board shall advise, consult with, propose, and recommend to the Commissioner reasonable regulations:

(1) to prevent conditions that are detrimental to safety and health in each employment or place of employment in the State; and

(2) that the Board finds are necessary to protect and to improve the safety and health of employees on the basis of circumstantial evidence and information that:

(i) is developed by the Commissioner;

(ii) is available to the Commissioner; or

(iii) is submitted by an interested person to the Board at a public hearing held under § 5–310(d) of this subtitle.

(b) To carry out the requirements of subsection (a) of this section with respect to public bodies, the Board shall:

(1) give specific consideration to the workplace conditions and safety and health concerns of employees; and

(2) recommend higher standards, if warranted.
Md. Code, Economic Development § 5-1002 — MD Code / Article gec / Title 5 / Subtitle 10 / Section 5-1002
§5–1002.
Status: in_force

(a) Subject to the availability of funds, the Department, in consultation with the Department of Veterans and Military Families, shall establish a program to provide no–interest loans under this subtitle to:

(1) small business employers of reserve component members who are called to active duty;

(2) businesses owned by reserve component members who are called to active duty;

(b) If the availability of funds is limited, in making loans under this subtitle, the Department, in consultation with the Department of Veterans and Military Families, shall give priority to the businesses described in subsection (a)(2) and (3) of this section.

(c) In making loans under this subtitle, the Department, in consultation with the Department of Veterans and Military Families, shall take into consideration how to maximize the number of veterans and reserve component members who would benefit from loans made under this subtitle.
Md. Code, General Provisions § 5-902 — MD Code / Article ggp / Title 5 / Subtitle 9 / Section 5-902
§5–902.
Status: in_force

(a) The court may compel compliance with the Ethics Commission’s order by:

(1) issuing an order to cease and desist from the violation; or

(2) granting other injunctive relief.

(b) (1) The court may also:

(i) impose a fine:

1. not exceeding $5,000 for a violation of this title;

2. with each day that the violation occurs being a separate offense; and

3. which shall be paid to the State Treasurer and deposited in the General Fund; or

(ii) except as provided in paragraph (2) of this subsection, void an official act of an official or employee if:

1. the official or employee had a conflict of interest that is prohibited by this title;

2. the act arose from or concerned the subject matter of the conflict;

3. the proceeding was brought within 90 days after the act occurred; and

4. the court determines that the conflict had an impact on the act.

(2) The court may not void an official act that:

(i) appropriates public funds;

(ii) imposes a tax; or

(iii) provides for the issuance of a bond, a note, or any other evidence of public obligation.

(c) After hearing the case, the court may grant all or part of the relief sought.
Md. Code, Economic Development § 5-804 — MD Code / Article gec / Title 5 / Subtitle 8 / Section 5-804
§5–804.
Status: in_force

A person that wishes to have a site in the State designated as a foreign trade zone shall apply for designation approval to the foreign trade zone grantee in the State that is closest to the site before applying to another foreign trade zone grantee in the State for designation approval.
Md. Code, Health - General § 5-807 — MD Code / Article ghg / Title 5 / Subtitle 8 / Section 5-807
§5–807.
Status: in_force

A person shall have the immunity from liability under § 5-637 of the Courts Article for any action as a member of the Committee or for giving information to, participating in, or contributing to the function of the Committee or subcommittee.
Md. Code, Financial Institutions § 5-405 — MD Code / Article gfi / Title 5 / Subtitle 4 / Section 5-405
§5–405.
Status: in_force

(a) Except as provided in this section, or otherwise expressly provided by State law, a banking institution may not have a bank service corporation.

(b) If the Commissioner approves, a banking institution may have a bank service corporation.

(c) On application of the banking institution, a bank service corporation shall be approved if:

(1) The Commissioner determines that approval is:

(i) Reasonably required to protect the welfare of the general economy of the State and of the banking institution; and

(ii) Not detrimental to the public interest or to the banking institution;

(2) The approval imposes the same conditions that federal law requires or permits as to a bank service corporation owned exclusively by national banking associations; and

(3) The transaction complies with the rules, regulations, and conditions that the Commissioner adopts.

(d) This section does not apply to any bank service corporation organized before July 1, 1984.
Md. Code, Corporations and Associations § 5-312 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-312
§5–312.
Status: in_force

(a) If any church organized since 1800 as a religious corporation under any law of the State did not file its plan or articles of incorporation for record in the proper office within the time required by law, but subsequently files its plan or articles of incorporation in the proper office:

(1) The church is a lawful religious corporation;

(2) The date of incorporation is the date of the plan or articles of incorporation; and

(3) If otherwise lawful, every action of the church from the date of incorporation is valid.

(b) There is a conclusive presumption in every court of the State that a plan or articles of incorporation of a religious corporation were properly filed for record in the appropriate office and that these records were lost or destroyed, if:

(1) It appears from the record book of the religious corporation or from any other source that the church adopted a valid plan or articles of incorporation; and

(2) There is no book or record in the appropriate office for recording the plan or the articles of incorporation of religious corporations.

(c) Any plan or articles of incorporation entitled to the presumption under subsection (b) of this section, shall be filed with the Department and, if the original cannot be found, the Department may record the plan or articles of incorporation from the record book of the religious corporation.
Md. Code, Health - General § 5-512 — MD Code / Article ghg / Title 5 / Subtitle 5 / Section 5-512
§5–512.
Status: in_force

(a) A practitioner or an operator of a crematory or reduction facility may not require an authorizing agent to obtain appointment as personal representative of the decedent’s estate as a condition precedent to making final arrangements or authorizing cremation, alkaline hydrolysis, or natural organic reduction of a decedent.

(b) A person may not authorize cremation, alkaline hydrolysis, or natural organic reduction when a decedent has left instructions in a document that the decedent does not wish to be cremated or be subject to alkaline hydrolysis or natural organic reduction.
Md. Code, Environment § 5-402 — MD Code / Article gen / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

There is a Maryland Potomac Water Authority, established as a governmental unit and body politic and corporate, vested with the authority granted under the Constitution and laws of the State. The Maryland Potomac Water Authority has and shall exercise authority to conserve, control, and use for beneficial service storm and floodwaters of the rivers and streams of the Potomac River watershed in the district. The Authority may adopt and use a corporate seal, contract, sue and be sued, and perform any other corporate act to carry out this subtitle.
Md. Code, Labor and Employment § 5-209 — MD Code / Article gle / Title 5 / Subtitle 2 / Section 5-209
§5–209.
Status: in_force

(a) An employee or authorized representative of employees may request inspection of a place of employment if the employee or representative believes, in good faith, that:

(1) there is imminent danger to an employee; or

(2) due to a violation of an occupational safety and health standard, there is a threat of physical harm to an employee.

(b) To request an inspection, an employee or representative shall sign and submit to the Commissioner or authorized representative of the Commissioner a written notice that describes, with reasonable particularity, the grounds for the notice.

(c) On receipt of a notice made in accordance with this section, the Commissioner shall determine whether there are reasonable grounds to believe that imminent danger or a threat exists.

(d) (1) If the Commissioner determines that there are reasonable grounds, the Commissioner shall conduct an inspection as soon as practical to determine whether the danger or threat exists.

(2) If the Commissioner determines that there are no reasonable grounds, the Commissioner shall give the person who submitted the request written notice of that determination.

(e) (1) Subject to paragraph (2) of this subsection, the Commissioner shall give the employer whose place of employment is to be inspected or an agent of the employer a copy of the notice that requested the inspection, no later than at the time of the inspection.

(2) On request of the person who submits a notice, the name of the person and the name of each employee to whom the notice refers shall be omitted from the copy of the notice to be given to the employer and from each other record to be disclosed under this title.
Md. Code, Family Law § 5-3A-45 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-45
§5–3A–45.
Status: in_force

(a) Except as otherwise provided by law, a person may not charge or receive, from or for a parent or prospective adoptive parent, any compensation for a service in connection with:

(1) placement of an individual to live with a preadoptive family; or

(2) an agreement for custody in contemplation of adoption.

(b) (1) In this subsection, “Administration” means the Social Services Administration of the Department.

(2) This section does not:

(i) prohibit payment, by an interested person, of:

1. a customary and reasonable charge or fee for adoption counseling, hospital, legal, or medical services;

2. reasonable expenses for transportation for medical care associated with the pregnancy or birth of the child;

3. reasonable expenses for food, clothing, and shelter for a birth mother if, on written advice of a physician, the birth mother is unable to work or otherwise support herself because of medical reasons associated with the pregnancy or birth of the child; or

4. reasonable expenses associated with any required court appearance relating to the adoption, including transportation, food, and lodging expenses; or

(ii) prevent the Administration, or a person that the Administration licenses or supervises, from receiving and accepting reasonable reimbursement for costs of an adoptive service in connection with adoption, if:

1. the reimbursement is in accordance with standards set by regulation of the Administration; and

2. the ability to provide this reimbursement does not affect:

A. the acceptability of any individual for adoptive services; or

B. the choice of the most suitable prospective adoptive parent.

(c) Each State’s Attorney shall enforce this section.

(d) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 3 months or both, for each offense.
Md. Code, Business Occupations and Professions § 5-316 — MD Code / Article gbo / Title 5 / Subtitle 3 / Section 5-316
§5–316.
Status: in_force

The Board may reinstate the license of an individual whose license has been suspended or revoked under § 5-314 of this subtitle if the individual:

(1) applies to the Board for reinstatement of the license; and

(2) provides to the Board adequate evidence that the applicant is qualified to have the license reinstated.
Md. Code, Economic Development § 5-323 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-323
§5–323.
Status: in_force

Financial assistance from the Fund may not exceed the lesser of:

(1) $10,000,000; or

(2) 20% of the Fund balance.
Md. Code, Natural Resources § 5-1701 — MD Code / Article gnr / Title 5 / Subtitle 17 / Section 5-1701
§5–1701.
Status: in_force

(a) (1) The Board of Public Works shall adopt regulations establishing procedures and standards for awarding any oil or natural gas lease for production or reserve under lands or waters of the State.

(2) An area leased for reserve may not be put into production until the lessee obtains a lease for production pursuant to § 5-1702 of this subtitle.

(b) The Board of Public Works shall adopt regulations establishing a system by which persons may periodically nominate areas beneath lands or waters of the State for possible leasing for production or reserve of oil or natural gas.

(c) The Board of Public Works may not enter into any lease under this section that would preclude or interfere with the public or private harvesting of finfish or shellfish.
Md. Code, Natural Resources § 5-1106 — MD Code / Article gnr / Title 5 / Subtitle 11 / Section 5-1106
§5–1106.
Status: in_force

(a) The provisions of this subtitle do not limit in any way any liability which otherwise exists for:

(1) Willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity; or

(2) Except as provided in § 5–1109(a)(2) of this subtitle, injury suffered where the owner of the land charges the person who enters or goes on the land for recreational or educational use.

(b) If land is leased to the State or any of its political subdivisions, any consideration the owner receives for the lease is not a charge within the meaning of this section.
Md. Code, Labor and Employment § 5-811 — MD Code / Article gle / Title 5 / Subtitle 8 / Section 5-811
§5–811.
Status: in_force

(a) If a civil penalty that is assessed under this title is not paid in full within 30 days after the penalty becomes final, the Commissioner or the Central Collection Unit may proceed in the District Court to enforce payment.

(b) In a proceeding under this subsection, the Commissioner or the Central Collection Unit is entitled to judgment in the amount of the civil penalty that remains unpaid on a showing that:

(1) the penalty was assessed against the defendant;

(2) the penalty has become final;

(3) no appeal is pending;

(4) the penalty is wholly or partly unpaid; and

(5) the defendant:

(i) was duly served with a copy of the citation in accordance with the applicable regulations of the Commissioner; or

(ii) contested the citation for which the penalty was assessed.
Md. Code, Corporations and Associations § 5-601 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-601
§5–601.
Status: in_force

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

(b) “Commission” means the Public Service Commission.

(c) “Cooperative” means a corporation that:

(1) Is organized under this subtitle; or

(2) Becomes subject to this subtitle in the manner provided in this subtitle.

(d) “Electric plant” means the material, equipment, and property owned by a cooperative and used or to be used for or in connection with electric service.

(e) “Member” means a person or household that has been qualified and accepted for membership in a cooperative in accordance with its bylaws.

(f) “Member–regulated cooperative” means a cooperative:

(1) That provides retail electric service to its members on the Eastern Shore of Maryland; and

(2) Whose board of directors has passed a binding resolution to operate as a member–regulated cooperative.

(g) (1) “Person” has the meaning stated in § 1–101 of this article.

(2) “Person” includes:

(i) The State;

(ii) A county, municipal corporation, or other political subdivision of the State; and

(iii) A unit of federal, State, or local government.
Md. Code, Criminal Law § 5-613.1 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-613.1
§5–613.
Status: in_force

§5–613.1.

(a) Notwithstanding any other provision of law and subject to subsection (c) of this section, a person who is serving a term of confinement that includes a mandatory minimum sentence imposed on or before September 30, 2025, for a violation of § 5–612 or § 5–613 of this subtitle involving cannabis may apply to the court to modify or reduce the mandatory minimum sentence as provided in Maryland Rule 4–345, regardless of whether the defendant filed a timely motion for reconsideration or a motion for reconsideration was denied by the court.

(b) The court may modify the sentence and depart from the mandatory minimum sentence unless the State shows that, giving due regard to the nature of the crime, the history and character of the defendant, and the defendant’s chances of successful rehabilitation:

(1) retention of the mandatory minimum sentence would not result in substantial injustice to the defendant; and

(2) the mandatory minimum sentence is necessary for the protection of the public.

(c) (1) Except as provided in paragraph (2) of this subsection, an application under subsection (a) of this section shall be filed with the court or review panel on or before September 30, 2026.

(2) The court may consider an application filed after September 30, 2026, only for good cause shown.

(3) The court shall notify the State’s Attorney of the filing of an application.

(4) The court shall hold a hearing on an application filed under subsection (a) of this section.

(5) If the court denies the motion, the person may file one subsequent motion under this section not earlier than 3 years after the denial of the first motion.
Md. Code, Financial Institutions § 5-604.1 — MD Code / Article gfi / Title 5 / Subtitle 6 / Section 5-604.1
§5–604.
Status: in_force

§5–604.1.

(a) All necessary and reasonable expenses of the Commissioner that are court approved and related to the Commissioner’s possession of a nondepository trust company, including costs associated with the receivership, reorganization, or liquidation of the nondepository trust company, shall be paid from the assets of the nondepository trust company, the proceeds of the sale of securities pledged under § 3–211.1 of this article, or recovery against a surety bond delivered under § 3–211.1 of this article.

(b) Any proceeds of a sale of pledged securities that remain after making the payments required under subsection (a) of this section and § 5–606(b)(2) of this subtitle shall be an asset of the nondepository trust company.
Md. Code, Correctional Services § 5-406 — MD Code / Article gcs / Title 5 / Subtitle 4 / Section 5-406
§5–406.
Status: in_force

(a) On the recommendation of a health care provider, the facility administrator of the Youth Detention Center and the facility administrator’s designees may authorize medical treatment of a juvenile incarcerated individual when in the judgment of the facility administrator or a designee the treatment is required and a parent, guardian, or person in loco parentis of the juvenile is not available on a timely basis to give the authorization.

(b) The facility administrator or the facility administrator’s designees may not be held liable for authorizing medical treatment under this section in good faith.
Md. Code, Public Safety § 5-117.1 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-117.1
§5–117.
Status: in_force

§5–117.1.

(a) This section does not apply to:

(1) a licensed firearms manufacturer;

(2) a law enforcement officer or person who is retired in good standing from service with a law enforcement agency of the United States, the State, or a local law enforcement agency of the State;

(3) a member or retired member of the armed forces or the National Guard; or

(4) a person purchasing, renting, or receiving an antique, curio, or relic firearm, as defined in federal law or in determinations published by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

(b) A dealer or any other person may not sell, rent, or transfer a handgun to a purchaser, lessee, or transferee unless the purchaser, lessee, or transferee presents to the dealer or other person a valid handgun qualification license issued to the purchaser, lessee, or transferee by the Secretary under this section.

(c) A person may purchase, rent, or receive a handgun only if the person:

(1) (i) possesses a valid handgun qualification license issued to the person by the Secretary in accordance with this section;

(ii) possesses valid credentials from a law enforcement agency or retirement credentials from a law enforcement agency;

(iii) is an active or retired member of the armed forces or the National Guard and possesses a valid uniformed services identification card; or

(iv) is purchasing, renting, or receiving an antique, curio, or relic firearm, as defined in federal law or in determinations published by the Bureau of Alcohol, Tobacco, Firearms and Explosives; and

(2) is not otherwise prohibited from purchasing or possessing a handgun under State or federal law.

(d) Subject to subsections (f) and (g) of this section, the Secretary shall issue a handgun qualification license to a person who the Secretary finds:

(1) is at least 21 years old;

(2) is a resident of the State;

(3) except as provided in subsection (e) of this section, has demonstrated satisfactory completion, within 3 years prior to the submission of the application, of a firearms safety training course approved by the Secretary that includes:

(i) a minimum of 4 hours of instruction by a qualified handgun instructor;

(ii) classroom instruction on:

1. State firearm law;

2. home firearm safety; and

3. handgun mechanisms and operation; and

(iii) a firearms orientation component that demonstrates the person’s safe operation and handling of a firearm; and

(4) based on an investigation, is not prohibited by federal or State law from purchasing or possessing a handgun.

(e) An applicant for a handgun qualification license is not required to complete a firearms safety training course under subsection (d) of this section if the applicant:

(1) has completed a certified firearms training course approved by the Secretary;

(2) has completed a course of instruction in competency and safety in the handling of firearms prescribed by the Department of Natural Resources under § 10–301.1 of the Natural Resources Article;

(3) is a qualified handgun instructor;

(4) is an honorably discharged member of the armed forces of the United States or the National Guard;

(5) is an employee of an armored car company and has a permit issued under Title 5, Subtitle 3 of this article; or

(6) lawfully owns a regulated firearm.

(f) (1) In this subsection, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(2) The Secretary shall apply to the Central Repository for a State and national criminal history records check for each applicant for a handgun qualification license.

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

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

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

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

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

(5) In accordance with §§ 10–201 through 10–234 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Secretary a printed statement of the applicant’s criminal history information.

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

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

(ii) shall be used only for the licensing purpose authorized by this section.

(7) If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Department of State Police Licensing Division a revised printed statement of the applicant’s or licensee’s State criminal history record.

(g) An applicant for a handgun qualification license shall submit to the Secretary:

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

(2) a nonrefundable application fee to cover the costs to administer the program of up to $50;

(3) (i) proof of satisfactory completion of:

1. a firearms safety training course approved by the Secretary; or

2. a course of instruction in competency and safety in the handling of firearms prescribed by the Department of Natural Resources under § 10–301.1 of the Natural Resources Article; or

(ii) a valid firearms instructor certification;

(4) any other identifying information or documentation required by the Secretary; and

(5) a statement made by the applicant under the penalty of perjury that the applicant is not prohibited under federal or State law from possessing a handgun.

(h) (1) Within 30 days after receiving a properly completed application, the Secretary shall issue to the applicant:

(i) a handgun qualification license if the applicant is approved; or

(ii) a written denial of the application that contains:

1. the reason the application was denied; and

2. a statement of the applicant’s appeal rights under subsection (l) of this section.

(2) (i) An individual whose fingerprints have been submitted to the Central Repository, and whose application has been denied, may request that the record of the fingerprints be expunged by obliteration.

(ii) Proceedings to expunge a record under this paragraph shall be conducted in accordance with § 10–105 of the Criminal Procedure Article.

(iii) On receipt of an order to expunge a fingerprint record, the Central Repository shall expunge by obliteration the fingerprints submitted as part of the application process.

(iv) An individual may not be charged a fee for the expungement of a fingerprint record in accordance with this paragraph.

(i) A handgun qualification license issued under this section expires 10 years from the date of issuance.

(j) (1) The handgun qualification license may be renewed for successive periods of 10 years each if, at the time of an application for renewal, the applicant:

(i) possesses the qualifications for the issuance of the handgun qualification license; and

(ii) submits a nonrefundable application fee to cover the costs to administer the program up to $20.

(2) An applicant renewing a handgun qualification license under this subsection is not required to:

(i) complete the firearms safety training course required in subsection (d)(3) of this section; or

(ii) submit to a State and national criminal history records check as required in subsection (f) of this section.

(k) (1) The Secretary may revoke a handgun qualification license issued or renewed under this section on a finding that the licensee no longer satisfies the qualifications set forth in subsection (d) of this section.

(2) A person holding a handgun qualification license that has been revoked by the Secretary shall return the license to the Secretary within 5 days after receipt of the notice of revocation.

(l) (1) A person whose original or renewal application for a handgun qualification license is denied or whose handgun qualification license is revoked, may submit a written request to the Secretary for a hearing within 30 days after the date the written notice of the denial or revocation was sent to the aggrieved person.

(2) A hearing under this section shall be granted by the Secretary within 15 days after the request.

(3) A hearing and any subsequent proceedings of judicial review under this section shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.

(4) A hearing under this section shall be held in the county of the legal residence of the aggrieved person.

(m) (1) If an original or renewal handgun qualification license is lost or stolen, a person may submit a written request to the Secretary for a replacement license.

(2) Unless the applicant is otherwise disqualified, the Secretary shall issue a replacement handgun qualification license on receipt of a written request and a nonrefundable fee to cover the cost of replacement up to $20.

(n) The Secretary may adopt regulations to carry out the provisions of this section.
Md. Code, Criminal Law § 5-708 — MD Code / Article gcr / Title 5 / Subtitle 7 / Section 5-708
§5–708.
Status: in_force

(a) (1) This section applies to fingernail polish, model airplane glue, or any other substance that causes intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system when smelled or inhaled.

(2) This section does not apply to:

(i) the inhalation of anaesthesia for medical or dental purposes; or

(ii) controlled dangerous substances.

(b) (1) A person may not deliberately smell or inhale a substance listed in paragraph (2) of this subsection in an amount that causes intoxication, excitement, stupefaction, or dulling of the brain or nervous system.

(2) This section applies to a drug or any other noxious substance or chemical that contains:

(i) an aldehyde;

(ii) butane;

(iii) butyl nitrite;

(iv) a chlorinated hydrocarbon;

(v) ether;

(vi) a fluorinated hydrocarbon;

(vii) a ketone;

(viii) methyl benzene;

(ix) nitrous oxide;

(x) an organic acetate; or

(xi) another substance containing solvents releasing toxic vapors.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.
Md. Code, Agriculture § 5-2A-05 — MD Code / Article gag / Title 5 / Subtitle 2A / Section 5-2A-05
§5–2A–05.
Status: in_force

A person who violates this subtitle is subject to a civil penalty of $250.
Md. Code, Criminal Law § 5-609.1 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-609.1
§5–609.
Status: in_force

§5–609.1.

(a) Notwithstanding any other provision of law and subject to subsection (c) of this section, a person who is serving a term of confinement that includes a mandatory minimum sentence imposed on or before September 30, 2017, for a violation of §§ 5–602 through 5–606 of this subtitle may apply to the court to modify or reduce the mandatory minimum sentence as provided in Maryland Rule 4–345, regardless of whether the defendant filed a timely motion for reconsideration or a motion for reconsideration was denied by the court.

(b) The court may modify the sentence and depart from the mandatory minimum sentence unless the State shows that, giving due regard to the nature of the crime, the history and character of the defendant, and the defendant’s chances of successful rehabilitation:

(1) retention of the mandatory minimum sentence would not result in substantial injustice to the defendant; and

(2) the mandatory minimum sentence is necessary for the protection of the public.

(c) (1) Except as provided in paragraph (2) of this subsection, an application for a hearing under subsection (a) of this section shall be submitted to the court or review panel on or before September 30, 2018.

(2) The court may consider an application after September 30, 2018, only for good cause shown.

(3) The court shall notify the State’s Attorney of a request for a hearing.

(4) A person may not file more than one application for a hearing under subsection (a) of this section for a mandatory minimum sentence for a violation of §§ 5–602 through 5–606 of this subtitle.
Md. Code, Criminal Law § 5-103 — MD Code / Article gcr / Title 5 / Subtitle 1 / Section 5-103
§5–103.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, this title does not apply to the sale of a prescription drug:

(i) made to an authorized provider; or

(ii) made by a manufacturer, wholesale distributor, or pharmacist licensed by the State to:

1. another manufacturer, wholesale distributor, or pharmacist licensed by the State; or

2. a hospital or institution that operates a dispensary in which an authorized provider licensed to administer prescription drugs is in charge.

(2) A sale is exempt from this title only if a record of the sale:

(i) is maintained and available for inspection; and

(ii) shows the date of sale, the name and address of the purchaser, and the quantity purchased.

(b) This title does not apply to:

(1) the distribution of a prescription drug, device, or supply for the treatment, care, or cure of farm animals, poultry, fowl, or other animals used in furtherance of farming activities;

(2) the sale or offering for sale, or the distribution of seeds, feed for livestock and poultry, fertilizers, lime, land plaster, fungicides, and insecticides; or

(3) a drug that on June 1, 1961, could be sold without a prescription.
Md. Code, Courts and Judicial Proceedings § 5-806 — MD Code / Article gcj / Title 5 / Subtitle 8 / Section 5-806
§5–806.
Status: in_force

(a) This section applies to:

(1) An action by an unemancipated child against a parent of the child; and

(2) An action by a parent against an unemancipated child of the parent.

(b) The right of action by a parent or the estate of a parent against a child of the parent, or by a child or the estate of a child against a parent of the child, for wrongful death, personal injury, or property damage arising out of the operation of a motor vehicle, as defined in Title 11 of the Transportation Article, may not be restricted by the doctrine of parent-child immunity or by any insurance policy provisions, up to the limits of motor vehicle liability coverage or uninsured motor vehicle coverage.
Md. Code, Environment § 5-1104.1 — MD Code / Article gen / Title 5 / Subtitle 11 / Section 5-1104.1
§5–1104.
Status: in_force

§5–1104.1.

(a) (1) Subject to the approval of the members of the General Assembly of the 36th legislative district, the Governor shall appoint a Kent Island Citizens Oversight Committee.

(2) The Governor shall determine the terms and qualifications of members of the Oversight Committee.

(b) The Oversight Committee shall be composed of the following members:

(1) The Secretary of the State Department of Natural Resources or the Secretary’s designee;

(2) Two representatives of the Kent Island Civic Confederation;

(3) Two citizens from the 4th election district;

(4) One representative of the Maryland Watermen’s Association;

(5) One representative of the Queen Anne’s County Watermen’s Association;

(6) One representative of the pleasure boating industry;

(7) One representative of the sport boating industry;

(8) One representative from the Maryland Port Administration;

(9) One member of the Board of County Commissioners of Queen Anne’s County or the Board’s designee; and

(10) One member of the Queen Anne’s County Delegation or the Delegation’s designee.

(c) The Oversight Committee shall:

(1) Consult with the Maryland Port Administration regarding the redeposit of dredge spoils off the shores of Kent Island, Queen Anne’s County;

(2) Monitor the redeposit of dredge spoils off the shores of Kent Island; and

(3) Hear and respond to complaints lodged by any person affected by the redeposit of dredge spoils in the waters off Kent Island.
Md. Code, Economic Development § 5-2002 — MD Code / Article gec / Title 5 / Subtitle 20 / Section 5-2002
§5–2002.
Status: in_force

(a) There is a Winery and Vineyard Economic Development Grant Program in the Department.

(b) The purpose of the Program is to provide financial assistance to individuals and corporations to:

(1) establish a new winery or vineyard in the State; or

(2) complete capital improvements at an existing winery or vineyard.
Md. Code, Corporations and Associations § 5-5A-30 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-30
§5–5A–30.
Status: in_force

This subtitle may be cited as the “Maryland Consumer Cooperative Act”.
Md. Code, Corporations and Associations § 5-6B-23.1 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-23.1
§5–6B–23.
Status: in_force

§5–6B–23.1.

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

(2) “Common element” means any area in a cooperative project in which members have a possessory interest in common.

(3) “Electric vehicle recharging equipment” means property in the State that is used for recharging vehicles propelled by electricity, including motor vehicles and electric bicycles.

(b) A recorded covenant or restriction, a provision in a declaration, a provision in a proprietary lease, or a provision in the bylaws or rules of a cooperative housing corporation is void and unenforceable if the covenant, restriction, or provision:

(1) Is in conflict with the provisions of this section; or

(2) Effectively prohibits or unreasonably restricts the installation or use of electric vehicle recharging equipment in a member’s parking space or a parking space that is specifically designated for use by a particular member.

(c) (1) If approval is required for the installation or use of electric vehicle recharging equipment in a cooperative housing corporation, the governing body shall process and review an application for approval in the same manner as an application for approval of an architectural modification to the cooperative housing corporation.

(2) The governing body may not willfully avoid or delay processing and reviewing an application for approval.

(3) If an application is not denied in writing within 60 days after the governing body receives the application, the application shall be deemed approved, unless the delay is the result of a reasonable request for additional information.

(4) The approval or denial of an application shall be in writing.

(d) (1) The governing body shall approve the installation of electric vehicle recharging equipment in a parking space that is specifically designated for use by a particular member if:

(i) Installation:

1. Does not unreasonably impede the normal use of an area outside the member’s parking space; and

2. Is reasonably possible; and

(ii) The member agrees in writing to:

1. Comply with:

A. All relevant building codes and safety standards to maintain the safety of all members with a possessory interest in common; and

B. The cooperative housing corporation’s architectural standards for the installation of the electric vehicle recharging equipment;

2. Engage a licensed contractor to install the electric vehicle recharging equipment; and

3. Pay for the electricity usage associated with the separately metered electric vehicle recharging equipment.

(2) The owner and each successive owner of the electric vehicle recharging equipment shall be responsible for:

(i) Installation costs for the electric vehicle recharging equipment;

(ii) Costs for damage to the electric vehicle recharging equipment or common element resulting from the installation, maintenance, repair, removal, or replacement of the electric vehicle recharging equipment;

(iii) Costs for the maintenance, repair, and replacement of the electric vehicle recharging equipment up until the equipment is removed;

(iv) If the member decides to remove the electric vehicle recharging equipment, costs for the removal and for the restoration of the common element after removal; and

(v) The cost of electricity associated with the electric vehicle recharging equipment.

(e) A member shall obtain any permit or approval for electric vehicle recharging equipment that is required by the county or municipal corporation in which the cooperative housing corporation is located.

(f) A governing body may grant a license for up to 3 years, renewable at the discretion of the governing body, on any common element necessary for the installation of equipment or for the supply of electricity to any electric vehicle recharging equipment.

(g) (1) A member shall:

(i) Prior to installation of the electric vehicle recharging equipment, provide a certificate of insurance naming the cooperative housing corporation as an additional insured; or

(ii) Reimburse the cooperative housing corporation for the cost of an increased insurance premium attributable to the electric vehicle recharging equipment.

(2) Insurance coverage of the electric vehicle recharging equipment shall be maintained so long as the electric vehicle recharging equipment and all appurtenances to the electric vehicle recharging equipment are installed.
Md. Code, Criminal Procedure § 5-103 — MD Code / Article gcp / Title 5 / Subtitle 1 / Section 5-103
§5–103.
Status: in_force

(a) In this section, “pretrial risk scoring instrument” means a tool, a metric, an algorithm, or software that is used to assist in determining the eligibility of a defendant for pretrial release in a pretrial proceeding based on the defendant’s flight risk and threat to community safety.

(b) A jurisdiction that uses a pretrial risk scoring instrument to determine the eligibility of a defendant for pretrial release shall have an independent validation study of the pretrial risk scoring instrument conducted at least once every 5 years.
Md. Code, Courts and Judicial Proceedings § 5-709 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-709
§5–709.
Status: in_force

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

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

(3) “Licensed practical nurse” has the meaning stated in § 8-101 of the Health Occupations Article.

(4) “Registered nurse” has the meaning stated in § 8-101 of the Health Occupations Article.

(b) An individual who acts without malice is not civilly liable for making a report as required by § 8-505 of the Health Occupations Article.
Md. Code, Business Occupations and Professions § 5-301 — MD Code / Article gbo / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

(a) Except as otherwise provided in this title, an individual shall be licensed by the Board to practice cosmetology before the individual may practice cosmetology in the State.

(b) If an individual holds the appropriate limited license, the individual may practice cosmetology in a manner limited to:

(1) providing esthetic services;

(2) providing eyelash extension services;

(3) providing hair services;

(4) providing hair services – blow drying; or

(5) providing nail technician services.

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

(1) a student while the student practices cosmetology in accordance with § 5–302 or § 5–303 of this subtitle; or

(2) a registered apprentice.
Md. Code, Economic Development § 5-2103 — MD Code / Article gec / Title 5 / Subtitle 21 / Section 5-2103
§5–2103.
Status: in_force

(a) (1) The Advisory Commission consists of the following members:

(i) the Secretary or the Secretary’s designee;

(ii) the Secretary of Agriculture, or the Secretary’s designee;

(iii) the Special Secretary of the Governor’s Office of Small, Minority, and Women Business Affairs, or the Special Secretary’s designee;

(iv) one member of the Alcohol, Tobacco, and Cannabis Commission, designated by the chair of the Alcohol, Tobacco, and Cannabis Commission;

(v) one member of the Senate of Maryland, appointed by the President of the Senate;

(vi) one member of the House of Delegates, appointed by the Speaker of the House; and

(vii) the following members appointed by the Governor:

1. one member representing the University of Maryland College of Agriculture and Natural Resources;

2. two members representing breweries in the State;

3. two members representing distilleries in the State;

4. two members representing wineries in the State; and

5. two members representing growers in the State.

(2) To the extent practicable, the members of the Commission shall reasonably reflect the geographic, racial, ethnic, cultural, and gender diversity of the State.

(b) Before taking office, each member of the Advisory Commission shall take the oath required by Article I, § 9 of the Maryland Constitution.

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

(2) The terms of members are staggered as required by the terms provided for members of the Advisory Commission on July 1, 2022.

(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 be appointed for more than two consecutive full terms.

(d) The Governor may remove a member for incompetence or misconduct.
Md. Code, Corporations and Associations § 5-5A-14 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-14
§5–5A–14.
Status: in_force

(a) The bylaws may provide for election of directors and delegates of members by district or by interest groups.

(b) The bylaws shall specify the number and manner of apportioning directors and delegates of members.
Md. Code, Natural Resources § 5-2A-05 — MD Code / Article gnr / Title 5 / Subtitle 2A / Section 5-2A-05
§5–2A–05.
Status: in_force

(a) The Department shall:

(1) Develop and publish a Comprehensive Long–Range Strategic Plan by December 1, 2024;

(2) Update the Comprehensive Long–Range Strategic Plan every 5 years to reflect major goals and progress toward meeting those goals; and

(3) Submit to the General Assembly, in accordance with § 2–1257 of the State Government Article, the Comprehensive Long–Range Strategic Plan and any updates to the plan.

(b) The Comprehensive Long–Range Strategic Plan shall include:

(1) The feasibility of:

(i) Establishing new State parks through:

1. Land acquisition; or

2. Redesignating existing State land, including Cedarville State Forest, to be a State park; and

(ii) Developing new amenities in current State parks, including:

1. Trails and trail connectors;

2. Water access;

3. Parking areas; and

4. Other capital improvements that increase park capacity;

(2) New State historical parks or other units that preserve and interpret the history of African American, Asian, Indigenous or Native American, and Hispanic or Latino populations in the State;

(3) A multilateral, whole–system plan for outdoor recreation in the State, including:

(i) The results of any coordination between the Department and county, municipal, and federal park systems to increase trail connectivity between park systems; and

(ii) A partnership plan developed by the Department in consultation with:

1. The Office of Outdoor Recreation;

2. The Park Service’s business manager;

3. County tourism entities and economic development offices;

4. The Maryland Municipal League;

5. The Maryland Association of Counties;

6. The Outdoor Recreation Roundtable; and

7. The Commission on Environmental Justice and Sustainable Communities;

(4) The feasibility of expanding the day–use reservation system beyond the Falling Branch area of Rocks State Park to all parks experiencing capacity shutdowns, including considerations on how the expansion of the day–use reservation system may impact State park visitors in terms of equity and access;

(5) An analysis of how the Department can integrate infrastructure messaging with the National Park Service and local governments, including the development and maintenance of a coordinated website and digital application that provides information on:

(i) Where parks and open spaces are located;

(ii) Available amenities; and

(iii) Real–time information on the operational status of a park, including capacity;

(6) Long–term measures to:

(i) Recruit and retain a diverse Park Service workforce, in accordance with the National Park Service’s diversity strategy under Director’s Order #16B; and

(ii) Provide ongoing updates on efforts to recruit and retain a diverse Park Service workforce;

(7) Details and updates on the creation and implementation of workforce development of programs, including:

(i) Programs in collaboration with the State’s historically Black colleges and universities;

(ii) Programs modeled on the National Park Service’s diversity strategy under Director’s Order #16B; and

(iii) Programs focused on creating a pipeline of new rangers and other full–time staff from among volunteers, the State foster youth system, and historically underserved communities; and

(8) The results of:

(i) Implementing a volunteer management program under § 5–2A–02(e) of this subtitle;

(ii) Leveraging charitable funding for park enhancements under § 5–2A–02(f) of this subtitle; and

(iii) Any collaboration between the Department and the Department of Transportation and local transportation agencies to improve bicycle, sidewalk, and trail access to State parks.
Md. Code, Natural Resources § 5-910 — MD Code / Article gnr / Title 5 / Subtitle 9 / Section 5-910
§5–910.
Status: in_force

The State may not acquire a tract of land in Allegany County of over 100 acres for preservation of open spaces unless the County Commissioners of Allegany County approve the purchase. This requirement does not apply to open space and outdoor recreation areas which have previously been authorized for acquisition by the legislature.
Md. Code, Financial Institutions § 5-603 — MD Code / Article gfi / Title 5 / Subtitle 6 / Section 5-603
§5–603.
Status: in_force

As long as the Commissioner has possession of a banking institution, the property, records, and business of the institution are not subject to attachment, lien, execution, or distraint of any kind.
Md. Code, Family Law § 5-3A-16 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-16
§5–3A–16.
Status: in_force

Before ruling on a guardianship petition, a court may order any investigation that the court considers necessary.
Md. Code, Transportation § 5-613 — MD Code / Article gtr / Title 5 / Subtitle 6 / Section 5-613
§5–613.
Status: in_force

(a) (1) Appeals to the board of appeals may be taken by any aggrieved person or by any officer or agency of the political subdivision affected by any decision of the administrative agency.

(2) An appeal shall be taken within 30 days of the decision by filing, with the administrative agency from which the appeal is taken and with the board, a notice of appeal specifying the grounds for the appeal. The agency immediately shall send to the board the papers that constitute the record on which the action appealed from was taken.

(b) (1) An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative agency certifies to the board that, because of the facts stated in the certificate, a stay in its opinion would cause imminent peril to life or property.

(2) If the agency certifies as provided in paragraph (1) of this subsection, the proceedings may not be stayed other than by a restraining order granted by the board of appeals or by a court of record. On application and notice to the administrative agency, a restraining order may be granted for good cause shown.

(c) (1) The board shall:

(i) Set a reasonable time for hearing the appeal;

(ii) Give public notice of the hearing;

(iii) Give notice to the parties in interest; and

(iv) Decide the appeal within a reasonable time.

(2) Any party may appear at the hearing in person or by his agent or attorney.

(d) In compliance with this subtitle, the board:

(1) May reverse, affirm, or modify the decision appealed from; and

(2) For this purpose:

(i) May make any order, requirement, decision, or determination that it considers proper; and

(ii) Has all the powers of the administrative agency from which the appeal is taken.
Md. Code, Corporations and Associations § 5-132 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-132
§5–132.
Status: in_force

A licensing unit may direct the Department to suspend or revoke the articles of incorporation of a professional corporation if:

(1) All stockholders of the professional corporation have at any one time become disqualified persons;

(2) The professional corporation knowingly employs or retains in its employment a licensed person who, for any reason, becomes legally disqualified to render the professional service that the professional corporation was organized to render;

(3) The professional corporation violates any applicable rule or regulation adopted by the licensing unit regulating a profession named in the professional corporation’s articles of incorporation; or

(4) The professional corporation violates any statute applicable to a professional corporation.
Md. Code, Environment § 5-802 — MD Code / Article gen / Title 5 / Subtitle 8 / Section 5-802
§5–802.
Status: in_force

(a) The General Assembly finds and declares that:

(1) Recurrent flooding of a portion of the State’s land resources causes loss of life, damage to property, disruption of commerce and governmental services, and unsanitary conditions, all of which are detrimental to the health, safety, welfare, and property of the occupants of flood hazard areas of the State;

(2) Considerable public costs are incurred through the emergency preparedness program and by replacing public utilities and other public capital investments destroyed or damaged by floods;

(3) Flood waters disregard jurisdictional boundaries; and

(4) The public interest necessitates management of waters and flood hazard areas for the objectives of preventing and alleviating flood threats to life and health, reducing private and public economic losses, and to the extent possible, preserving the biological values associated with these land and water resources.

(b) The policy and purposes of this subtitle are:

(1) To assist in the guidance of development to minimize the impacts of flooding;

(2) To provide State guidelines and technical assistance to local governments in management of flood hazard areas;

(3) To provide for comprehensive watershed management;

(4) To facilitate implementation of projects for flood control;

(5) To encourage and provide for local governmental units to manage flood–prone lands in a comprehensive manner;

(6) To provide for the biological and environmental quality of the watersheds of the State; and

(7) To establish a grant program to assist local jurisdictions with:

(i) Implementation of those capital projects included within the comprehensive flood management plans which are adopted and approved in accordance with this subtitle; and

(ii) Infrastructure repairs, watershed restoration, and emergency protection work associated with a flood event.
Md. Code, Local Government § 5-207 — MD Code / Article glg / Title 5 / Subtitle 2 / Section 5-207
§5–207.
Status: in_force

(a) A municipality may establish and maintain:

(1) a fire department; and

(2) a police force.

(b) A municipality may:

(1) provide for the removal of fire hazards;

(2) control the use and handling of dangerous and explosive materials; and

(3) prevent the discharge of firearms or other explosive instruments.

(c) A municipality may:

(1) pay rewards for information relating to crime committed in the municipality;

(2) prohibit vagrancy, vice, gambling, and houses of prostitution in the municipality;

(3) enforce all ordinances relating to disorderly conduct and nuisances equally:

(i) within the municipality; and

(ii) up to one–half mile outside the municipal limits, except where there is a conflict with the powers of another municipality; and

(4) prohibit minors from being on the streets and in public places at certain hours of the night.
Md. Code, State Finance and Procurement § 5A-328 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-328
§5A–328.
Status: in_force

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

(2) “MHT Grant Fund” means the Historic Preservation and Historical and Cultural Museum Assistance Grant Fund of the Trust.

(3) “MHT Grant Program” means the Historic Preservation Grant Program of the Trust.

(b) (1) There is an MHT Grant Program in the Trust.

(2) The purposes of the MHT Grant Program are to:

(i) implement and encourage the preservation of historic properties; and

(ii) promote interest in and study of historic properties and their preservation.

(c) (1) The Trust shall administer the MHT Grant Program and coordinate the MHT Grant Program with federal and State programs that complement or facilitate the MHT Grant Program.

(2) The Trust shall ensure that a grant awarded under the MHT Grant Program to acquire, restore, or rehabilitate a historic property is used only if the historic property is listed in or is eligible to be listed in the Historic Register.

(3) (i) The Trust shall require a grantee under the MHT Grant Program to enter into an agreement to preserve and maintain the property.

(ii) If the property is real property, the agreement shall be a recordable historic preservation easement.

(iii) The Secretary may waive the agreement requirement if the Secretary determines that an agreement is impracticable.

(d) (1) The Department shall adopt regulations to carry out the purposes of the MHT Grant Program.

(2) The regulations shall include:

(i) application procedures;

(ii) procedures to give adequate notice to the public of assistance available under the MHT Grant Program;

(iii) provisions for the review of plans and specifications;

(iv) provisions for the inspection of projects during construction; and

(v) selection criteria the Trust must consider when evaluating applications for grants, including:

1. the relative historical or cultural significance of, and the urgency of need for, the project to be financed by the grant;

2. any proposed contribution by the appropriate political subdivision to the project;

3. the geographic distribution of grant assistance from the MHT Grant Fund under subsection (e) of this section; and

4. other relevant factors.

(e) (1) There is an MHT Grant Fund in the Trust.

(2) The MHT Grant Fund may be used:

(i) for the purposes set forth in § 5A–353 of this subtitle;

(ii) to make grants to nonprofit organizations, political subdivisions, business entities, and individuals to acquire, rehabilitate, or restore historic properties;

(iii) to make grants to nonprofit organizations and political subdivisions to pay costs, including preparation costs, that are directly related to a rehabilitation or restoration project;

(iv) to make grants to nonprofit organizations and political subdivisions for historic preservation education and promotion, including the research, survey, and evaluation of historic properties and the preparation of historic preservation planning documents and educational materials;

(v) to purchase or acquire historic properties or interests in historic properties for the Trust’s authorized purposes or for resale or lease with appropriate preservation covenants;

(vi) to pay costs, including preparation costs, that are directly related to restoring or rehabilitating historic properties that the Trust owns for use in accordance with the Trust’s authorized purposes or for resale or lease subject to appropriate preservation covenants;

(vii) to pay for historic preservation education and promotion conducted by the Trust, and for the research, survey, and evaluation of historic properties and the preparation of historic preservation planning documents and educational materials; and

(viii) to pay for reasonable and necessary administrative costs directly related to the administration of the MHT Grant Fund, not to exceed 5% of the annual general fund appropriation to the MHT Grant Fund.

(f) The Trust shall administer the MHT Grant Fund.

(g) (1) The MHT Grant Fund is a continuing, nonlapsing special fund that is not subject to § 7–302 of this article.

(2) The Treasurer shall hold and the Comptroller shall account for the MHT Grant Fund.

(h) The MHT Grant Fund consists of:

(1) money appropriated in the State budget to the MHT Grant Program or the Historical and Cultural Museum Assistance Program under § 5A–352 of this subtitle;

(2) the proceeds from the resale or lease of any properties originally acquired by the Trust from the MHT Grant Fund or the Capital Grant Fund for Historic Preservation;

(3) money received from other public or private sources for the benefit of the MHT Grant Fund; and

(4) money received from the sale of State general obligation bonds.

(i) Subject to the limitations of the State budget, for fiscal year 2018 and each fiscal year thereafter, the Governor shall include in the annual State budget bill an appropriation of $1,500,000 to the MHT Grant Fund.

(j) Money in the MHT Grant Fund shall be invested in the same manner as other State money.

(k) (1) The trustees shall review and make recommendations to the Secretary about grant applications and expenditure requests from the MHT Grant Fund.

(2) The trustees shall base their grant recommendations on a competitive selection process.

(3) In any fiscal year, the Secretary may hold up to 20% of the money in the MHT Grant Fund in reserve for emergency use in accordance with subsection (e) of this section.

(4) Grants to business entities may not exceed 10% of all grants awarded from the MHT Grant Fund under this section.

(5) Grants to historic properties owned by the Trust may not exceed 10% of all grants awarded from the MHT Grant Fund under this section.

(l) (1) To the extent required by regulations adopted by the Secretary and approved by the Board of Public Works, the Secretary shall submit to the Board of Public Works for approval grants or expenditures from the MHT Grant Fund to be financed through the sale of State general obligation bonds.

(2) Except for an expenditure under subsection (e)(2)(v) and (vi) of this section, grants and expenditures from the MHT Grant Fund are not subject to Titles 4 and 5 of this article.

(m) (1) On or before December 31 of each year, the Trust shall report to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly on the financial status and the activities of the MHT Grant Program and the MHT Grant Fund for the preceding fiscal year.

(2) In the report required under paragraph (1) of this subsection, the Trust shall include information on:

(i) the amount of the MHT Grant Fund that is used for administrative purposes; and

(ii) the amount of grants made to historic properties owned by the Trust.

(n) (1) A person may not knowingly make or cause to be made a material false statement of fact, including an understatement or overstatement of financial condition, in a statement or report in or regarding an application for a grant or affecting an existing grant.

(2) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $5,000 or both.
Md. Code, Business Occupations and Professions § 5-610 — MD Code / Article gbo / Title 5 / Subtitle 6 / Section 5-610
§5–610.
Status: in_force

(a) Following an inspection of a beauty salon, if a Board inspector determines that a licensee or permit holder has violated this title or a regulation adopted by the Board, the inspector may issue a citation to the licensee or permit holder.

(b) A citation issued by a Board inspector shall be in writing and shall state:

(1) a brief description of each violation;

(2) the amount of a civil penalty, as prescribed by regulation, for each violation; and

(3) as provided in this section:

(i) the time within which the civil penalty is to be paid;

(ii) the opportunity to contest the citation; and

(iii) the finality of the citation if it is not contested.

(c) The citation shall be served on the licensee or permit holder alleged to have committed the violation by:

(1) hand-delivery; or

(2) certified mail to the last known address of the licensee or permit holder.

(d) Subject to subsections (e) and (f) of this section, the civil penalty set forth in a citation shall be paid within 60 days of its receipt.

(e) A citation and the applicable civil penalty shall be considered a final order of the Board unless, within 60 days of being served with the citation, the licensee or permit holder notifies the Board in writing of an intent to contest the citation.

(f) (1) Upon the receipt of a written notice of a licensee or permit holder’s intent to contest a citation, the Board shall hold a hearing, in accordance with § 5-315 or § 5-523 of this title, regarding the cited violations.

(2) A hearing held in accordance with paragraph (1) of this subsection may not be delegated to the Office of Administrative Hearings under Title 10, Subtitle 2 of the State Government Article.

(g) (1) The Board shall establish by regulation a schedule of civil penalties for violations of this title and regulations adopted by the Board.

(2) The civil penalties imposed under this subsection may not exceed $300 for all violations cited on a single day.
Md. Code, Transportation § 5-904 — MD Code / Article gtr / Title 5 / Subtitle 9 / Section 5-904
§5–904.
Status: in_force

(a) Except as provided in subsection (b) of this section and in § 5-905 of this subtitle, the Administration:

(1) Shall issue any air school license that it requires, if the air school is in compliance with the rules and regulations of the Administration; and

(2) May charge an annual license fee of not more than $25.

(b) On application and, except for the considerations expressly listed in § 5-905(b) of this subtitle, without further requirement, the Administration shall issue any license required by it, at an annual fee of $1, to each air school that has been issued an appropriate federally approved air school certificate or rating.
Md. Code, Natural Resources § 5-210.1 — MD Code / Article gnr / Title 5 / Subtitle 2 / Section 5-210.1
§5–210.
Status: in_force

§5–210.1.

(a) The Department shall coordinate with the Department of General Services to:

(1) Develop an electronic asset management system for its infrastructure, including:

(i) A list of maintenance projects at each site;

(ii) The status of each maintenance project;

(iii) The date on which each project was added to the system; and

(iv) Features that allow the Department to manage the planning, scheduling, work order, and cost of each maintenance project;

(2) Develop a facility condition index assessment process for all Park Service sites, modeled after the National Park Service’s facility condition index; and

(3) Establish a dedicated asset evaluation team to:

(i) Assess the condition of Maryland Park Service structures, infrastructure, and landscapes;

(ii) Update individual facility condition indices on an ongoing basis; and

(iii) Cross–reference the condition of Park Service sites and facility condition indices with the distribution of Park Service assets within environmental justice communities as identified by the Department using the Maryland Environmental Justice Screen Tool.

(b) When determining whether to repair or replace infrastructure with sustainable technology, the Department shall consider how the replacement value of an asset will change if only sustainable technology is used, including any ongoing cost savings.

(c) (1) The Department shall:

(i) Take inventory of all State land managed by the Department, including:

1. Acreage;

2. Any structures on each property;

3. The use of each property; and

4. Whether a property is located within an environmental justice community as identified by the Department using the Maryland Environmental Justice Screen Tool;

(ii) Develop a maintenance project prioritization process modeled after the National Park Service’s asset priority index that includes a layer indicating whether a maintenance project is located in an environmental justice community as identified by the Department using the Maryland Environmental Justice Screen Tool; and

(iii) Develop and publish on its website a list of maintenance projects in every unit of the State park system that are expected to cost more than $25,000.

(2) (i) The Department shall conduct a systemwide survey of historical and cultural resources with a focus on racial and linguistic inclusivity, including an estimation of restoration, preservation, and maintenance costs.

(ii) The Department may not delay the preservation and restoration of historical and cultural resources while conducting the systemwide survey.
Md. Code, Criminal Law § 5-307 — MD Code / Article gcr / Title 5 / Subtitle 3 / Section 5-307
§5–307.
Status: in_force

(a) Subject to the notice and hearing provisions of § 5–308 of this subtitle, the Department may deny a registration to any applicant, suspend or revoke a registration, or refuse to renew a registration if the Department finds that the applicant or registrant:

(1) has materially falsified an application filed in accordance with or required by this title;

(2) has been convicted of a crime under federal law or the law of any state relating to a controlled dangerous substance;

(3) has surrendered federal registration or had federal registration suspended or revoked and may no longer manufacture, distribute, or dispense a controlled dangerous substance;

(4) has violated this title; or

(5) has failed to meet the requirements for registration under this title.

(b) The Department may limit revocation or suspension of a registration to the particular controlled dangerous substance for which grounds for revocation or suspension exist.

(c) The Department may limit an initial registration or the renewal of a registration to the particular controlled dangerous substance for which grounds for denial or refusal to issue or renew exist.
Md. Code, Business Occupations and Professions § 5-523 — MD Code / Article gbo / Title 5 / Subtitle 5 / Section 5-523
§5–523.
Status: in_force

(a) Except as otherwise provided in § 10–226 of the State Government Article, before the Board takes any final action under § 5–509 or § 5–522 of this subtitle or § 5–608.1 of this title, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board.

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

(c) The hearing notice to be given to the person shall be served at least 5 days before the hearing.

(d) The person may be represented at the hearing by counsel.

(e) (1) The Board may issue a subpoena for the attendance of a witness to testify or the production of evidence in connection with any proceeding under this section.

(2) A subpoena issued under this subsection shall be served by:

(i) certified mail; or

(ii) the sheriff of the county where the person to be served resides or has a principal place of business.

(f) If, after due notice, the person against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
Md. Code, Courts and Judicial Proceedings § 5-1111 — MD Code / Article gcj / Title 5 / Subtitle 11 / Section 5-1111
§5–1111.
Status: in_force

If, in connection with a transfer of structured settlement payment rights, a structured settlement obligor imposes total fees and charges in excess of $350, the structured settlement obligor shall submit a statement to the payee and the transferee identifying each person who performed work in connection with the transfer, specifying to the tenth of an hour the amount of work the person performed, and specifying a reasonable hourly fee for the person’s work.
Md. Code, Human Services § 5-308 — MD Code / Article ghu / Title 5 / Subtitle 3 / Section 5-308
§5–308.
Status: in_force

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

(ii) “Target work rate” means the rate established for the State by the U.S. Department of Health and Human Services based on the State’s caseload reduction credit under the federal Temporary Assistance for Needy Families program, 42 U.S.C. 22–601 et seq.

(iii) “Work participation rate” means the federal work participation rate established by the U.S. Department of Health and Human Services under the federal Temporary Assistance for Needy Families program, 42 U.S.C. 22–601 et seq.

(2) A family may be eligible for assistance under this subtitle only if the family includes:

(i) a minor child who resides with a custodial parent or other adult caretaker who is a relative of the child; or

(ii) a pregnant individual.

(3) Assistance shall be provided to an applicant or recipient under this subtitle only if the applicant or recipient:

(i) resides in the State at the time of application for assistance;

(ii) if applicable:

1. has applied for child support services with the appropriate local child support enforcement office at the time of application for assistance; and

2. complies with the requirements of the local child support enforcement office;

(iii) participates in work activity under this subtitle; and

(iv) meets all other FIP requirements that the Secretary establishes by regulation.

(4) Subject to paragraph (5) of this subsection, the Department shall allow an applicant or a recipient to meet the work activity requirement for a maximum of 24 months by engaging in:

(i) a minimum of 20 hours per week of vocational education that leads to an associate degree, a diploma, or a certificate; or

(ii) an average of at least 20 hours per week of education directly related to employment, which may include:

1. an adult basic education program;

2. an English as a second language program; or

3. a GED program.

(5) If the work participation rate does not exceed the target work rate by 10% in any month, the Department, after providing at least 30 days prior notice to the Senate Finance Committee and the House Appropriations Committee, may suspend the application of paragraph (4) of this subsection to new applicants until the work participation rate exceeds the target work rate by 10% for 3 consecutive months.

(6) The Department may require a work–eligible individual to participate in work activity for a maximum of:

(i) 30 hours per week for an individual with a child at least 6 years old;

(ii) 20 hours per week for a single parent or caretaker relative with a child under the age of 6 years;

(iii) a combined average of 35 hours per week for a family with two work–eligible parents who do not receive federally funded child care assistance; or

(iv) a combined average of 55 hours per week for a family with two work–eligible parents who receive federally funded child care assistance, provided that an adult in the family does not have a disability or is not caring for a child with a disability.

(7) (i) A work–eligible individual may choose to participate in work activity for more than the required weekly hours under paragraph (6) of this subsection, up to a maximum of 40 hours per week, provided that working the additional hours does not violate the federal Fair Labor Standards Act.

(ii) The Department may not reduce the temporary cash assistance of an individual, as provided in § 5–312(e)(1)(i) of this subtitle, if the individual is meeting the Department’s minimum work activity participation requirement and participating in work activity for less than 40 hours per week.

(8) The Department shall accept verification of an individual’s work activity participation through multiple methods, including electronic submission.

(b) (1) An individual may not be required to meet the work activity requirement under subsection (a)(3)(iii) of this section if the individual is exempt under criteria the Secretary establishes.

(2) The criteria shall include exemptions for:

(i) subject to paragraph (3) of this subsection, adults who are required to care for a child who is a recipient under the age of 1 year;

(ii) subject to paragraph (4) of this subsection, adults and children who are recipients and who are severely disabled; and

(iii) adults who have not received assistance for at least 6 months.

(3) An exemption based on an adult’s requirement to care for a child who is a recipient under the age of 1 year may not be restricted to a maximum number of months in the adult’s lifetime.

(4) An individual’s exemption because of severe disability is limited to 12 months unless:

(i) the individual applies for Supplemental Security Income; and

(ii) the application is approved, pending, or on appeal.

(5) Assistance for an individual who qualifies for an exemption under this subsection but who voluntarily participates in a work activity may not be reduced or terminated as a result of the participation in the work activity.

(c) (1) Assistance for an individual may not be reduced or terminated for noncompliance with the work activity requirement if the individual has good cause under the criteria established by the Secretary.

(2) The criteria shall provide that any of the following are sufficient to show good cause:

(i) temporary illness or incapacity;

(ii) court–required appearances or temporary incarceration;

(iii) domestic violence;

(iv) a family crisis that threatens normal family functioning, including:

1. experiencing homelessness whereby a family:

A. lacks a fixed, regular, and adequate nighttime residence, or shares the housing of other persons due to the loss of housing, economic hardship, or a similar reason;

B. lives in a motel, hotel, trailer park, or camping ground due to a lack of alternative accommodations;

C. lives in an emergency shelter or transitional housing;

D. resides in a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; or

E. lives in a car park, public space, vacant or abandoned building, substandard housing, bus station, train station, or similar setting;

2. a housing crisis, including eviction, foreclosure, or other loss of housing; or

3. receiving a utility disconnection notice or having a utility disconnected;

(v) a breakdown in transportation arrangements;

(vi) a breakdown in child care arrangements or lack of child care for a child or children who are 12 years old or younger;

(vii) for a single parent caring for a child younger than 6 years old who is unable to obtain child care:

1. the unavailability of appropriate child care within a reasonable distance from the parent’s home or work site;

2. the unavailability or unsuitability of informal child care by a relative or others; or

3. the unavailability or unsuitability of appropriate and affordable child care arrangements;

(viii) a lack of supportive services identified and agreed on by an individual and a local department; or

(ix) the failure of a local department to offer or provide a reasonable accommodation to an individual with a disability.

(d) Subject to the State budget, a legal immigrant is entitled to assistance under this subtitle if the immigrant:

(1) meets FIP eligibility requirements under this subtitle and any other requirements imposed by the State; and

(2) (i) arrived in the United States before August 22, 1996; or

(ii) arrived in the United States on or after August 22, 1996 and is not eligible for federally funded cash assistance.
Md. Code, Business Regulation § 5-202 — MD Code / Article gbr / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

(a) (1) The Secretary shall appoint a Director of the Office of Cemetery Oversight with the approval of the Governor.

(2) The Director serves at the pleasure of the Secretary.

(b) The Director shall devote full time to the duties of the Office.

(c) The Director is entitled to:

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

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

(d) The Director shall:

(1) administer and operate the Office; and

(2) be responsible to the Secretary.

(e) In addition to any requirements of the State Ethics Law, the Director may not:

(1) hold any position or engage in another business that interferes or conflicts with the position of the Director;

(2) be a registered cemeterian or a registered seller;

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

(4) in connection with any registered cemeterian, registered seller, permit holder, funeral director, funeral establishment, or related death care entity, directly or indirectly receive or become entitled to receive any fee, perquisite, or compensation.
Md. Code, Public Safety § 5-206 — MD Code / Article gps / Title 5 / Subtitle 2 / Section 5-206
§5–206.
Status: in_force

(a) A person may not possess a rifle or shotgun if the person was previously convicted of:

(1) a crime of violence as defined in § 5–101 of this title;

(2) a violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–612, § 5–613, or § 5–614 of the Criminal Law Article; or

(3) an offense under the laws of another state or the United States that would constitute one of the crimes listed in item (1) or (2) of this subsection if committed in this State.

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years.

(c) Each violation of this section is a separate crime.
Md. Code, Corporations and Associations § 5-335 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-335
§5–335.
Status: in_force

(a) This part does not affect the geographical boundaries of any parish, as distinguished from a separate congregation without prescribed geographical boundaries, in the Diocese of Maryland on July 1, 1973.

(b) A parish may not be subdivided into a new parish or added in whole or in part to any existing parish unless approved by a majority vote of the vestry of each parish affected by the subdivision or addition.
Md. Code, Courts and Judicial Proceedings § 5-621 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-621
§5–621.
Status: in_force

(a) A physician who examines or treats a child under § 5-712 of the Family Law Article is immune from any civil liability that may result from the failure to obtain consent from the child’s parent, guardian, or custodian for the examination or treatment of the child.

(b) The immunity described under subsection (a) of this section extends to:

(1) Any health care institution with which the physician is affiliated or to which the child is brought; and

(2) Any individual working under the control or supervision of the physician or under the control or supervision of the health care institution.
Md. Code, Labor and Employment § 5-324 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-324
§5–324.
Status: in_force

(a) The Commissioner may pass 1 interim order for a temporary variance from a regulation.

(b) An interim order under this section is effective until the Commissioner makes a determination on an application for a temporary variance.
Md. Code, Criminal Law § 5-202 — MD Code / Article gcr / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

(a) The Department shall control all substances listed in Subtitle 4 of this title.

(b) In accordance with the Administrative Procedure Act, the Department may add a substance as a controlled dangerous substance on its own initiative or on the petition of an interested party.

(c) To determine whether to add a substance as a controlled dangerous substance, the Department shall consider:

(1) the actual or relative potential for abuse of the substance;

(2) if known, scientific evidence of the pharmacological effect of the substance;

(3) the state of current scientific knowledge regarding the substance;

(4) the history and current pattern of abuse of the substance;

(5) the scope, duration, and significance of abuse of the substance;

(6) any risk that the substance poses to the public health;

(7) the ability of the substance to cause psychological or physiological dependence; and

(8) whether the substance is an immediate precursor of a controlled dangerous substance.

(d) After considering the factors listed in subsection (c) of this section, the Department shall:

(1) make findings with respect to those factors; and

(2) issue an order to control the substance if the Department finds that the substance has a potential for abuse.

(e) If the Department designates a substance as an immediate precursor of a controlled dangerous substance, a substance that is a precursor of the immediate precursor is not subject to control solely because it is a precursor of the immediate precursor.

(f) (1) A new substance that is designated as a controlled substance under federal law is a similarly controlled dangerous substance under this title unless the Department objects to the inclusion.

(2) If the Department objects, it shall publish the reasons for the objection and give each interested party an opportunity to be heard.

(3) After the hearing, the Department shall publish its decision, which is final.

(4) An action for judicial review of a final decision made in accordance with this section does not stay the effect of the decision.

(g) The Department annually shall update and republish a schedule.
Md. Code, Economic Development § 5-208 — MD Code / Article gec / Title 5 / Subtitle 2 / Section 5-208
§5–208.
Status: in_force

(a) If a recipient of a loan under this subtitle violates any provision of the loan documents or ceases to meet the requirements of this subtitle, the Department may, on reasonable notice to the loan recipient:

(1) withhold further advances of loan proceeds until the loan recipient complies with the agreement or requirements; or

(2) exercise any other remedy provided in the loan documents.

(b) (1) If a loan made under this subtitle is in default, the Department may foreclose on a mortgage or deed of trust held as security for the loan in the manner provided under the Maryland Rules for foreclosures in private transactions.

(2) The Department may take title in the Department’s name to any property foreclosed and convey title to a bona fide purchaser.
Md. Code, Transportation § 5-1201 — MD Code / Article gtr / Title 5 / Subtitle 12 / Section 5-1201
§5–1201.
Status: in_force

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

(b) “Airport” means Baltimore–Washington International Thurgood Marshall Airport.

(c) “Annual day–night (average) sound level” means the annual average aircraft noise level occurring during a 24–hour period, the calculation of which includes the addition of a 10 decibel penalty to noises occurring between 10 p.m. and 7 a.m. daily.

(d) “Avigation easement” means a written privilege granted by a homeowner related to aircraft overflight, noise, and associated effects which may arise in the ordinary operation of the airport.

(e) “Board” means the Board of Airport Zoning Appeals established under Subtitle 5 of this title.

(f) “Cumulative noise exposure” means a calculated or measured value for the exposure to aircraft noise in a 24–hour period, using the annual day–night (average) sound level (LDN) methodology.

(g) “Homeowner” means an owner of residentially used real property situated within the airport noise zone.

(h) “Noise zone” means an area of land surrounding the airport within which the cumulative noise exposure is equal to or greater than the lowest limit for cumulative noise exposure established by the Executive Director, under Subtitle 8 of this title.

(i) “School” means a public or privately operated elementary, secondary, postsecondary, or noncollegiate institution, with facilities in use on or before April 1, 1987, which is:

(1) Located within the airport noise zone; and

(2) Certified or accredited by the State Board of Education.
Md. Code, Alcoholic Beverages and Cannabis § 5-107 — MD Code / Article gab / Title 5 / Subtitle 1 / Section 5-107
§5–107.
Status: in_force

(a) This section does not apply to a temporary delivery agreement under § 2–209(c) of this article for a beer festival or a wine and beer festival.

(b) (1) Except as provided in subsection (d) of this section, if a franchisor intends to terminate or refuses to renew a beer franchise agreement, the franchisor shall notify the franchisee in writing of its intent:

(i) at least 45 days before the termination or refusal to renew takes effect, for a franchisor that annually produces 20,000 or fewer barrels of beer in aggregate, in conjunction with any affiliate; and

(ii) at least 180 days before the termination or refusal to renew takes effect, for all other franchisors.

(2) The notices required by this section shall state all the reasons for the intended termination or nonrenewal.

(c) (1) If a deficiency is claimed in the notice provided under subsection (b)(1)(ii) of this section, the franchisee has 180 days to rectify the deficiency.

(2) If the franchisee rectifies the deficiency within 180 days after the notice provided under subsection (b)(1)(ii) of this section is received, the intended termination or nonrenewal of the beer franchise agreement is void.

(d) The notice requirement of subsection (b) of this section does not apply if the reason for the intended termination or nonrenewal is insolvency, the occurrence of an assignment for the benefit of creditors, or bankruptcy.
Md. Code, Labor and Employment § 5-812 — MD Code / Article gle / Title 5 / Subtitle 8 / Section 5-812
§5–812.
Status: in_force

(a) Except as provided in subsection (b) of this section, each civil penalty under this title shall be paid into the General Fund of the State.

(b) The revenues from the civil penalties assessed against a public body under this title shall be distributed to a special fund to be used only for the Maryland Apprenticeship and Training Program.
Md. Code, Financial Institutions § 5-908 — MD Code / Article gfi / Title 5 / Subtitle 9 / Section 5-908
§5–908.
Status: in_force

The Commissioner may enforce the provisions of this subtitle by any appropriate action in the circuit courts of the State, including actions for injunctive relief and for divestment.
Md. Code, Financial Institutions § 5-807 — MD Code / Article gfi / Title 5 / Subtitle 8 / Section 5-807
§5–807.
Status: in_force

(a) A banking institution may not:

(1) Issue an advertisement or make a representation that is false, misleading, or deceptive;

(2) Impose as a condition for a loan any restriction on obtaining credit, property, or service from a competitor unless the restriction is reasonably necessary to secure the loan;

(3) Impose as a condition for a service any restriction on obtaining credit, property, or service from a competitor; or

(4) Engage in an act or practice that is anticompetitive, unfair, deceptive, or injurious to public interest.

(b) The Commissioner may further define specific acts or practices that are anticompetitive, unfair, deceptive, or injurious to the public interest.

(c) A banking institution and any director, officer, trustee, manager, agent, or employee of a banking institution who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $3,000 or imprisonment not exceeding 5 years or both.
Md. Code, Land Use § 5-203 — MD Code / Article glu / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

(a) A planning commission may authorize an administrative officer to approve subdivision plats and site plans under § 5–202 of this subtitle in accordance with nondiscretionary criteria adopted and specified by local law.

(b) The administrative officer shall approve a plat by indicating an approval in writing on the plat.
Md. Code, Corporations and Associations § 5-612 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-612
§5–612.
Status: in_force

(a) The bylaws may provide for the division of the territory served or to be served by a cooperative into two or more districts for any purpose, including the nomination and election of directors.

(b) If the bylaws provide for districts, the bylaws shall establish:

(1) The boundaries of the districts or the manner of establishing the boundaries;

(2) The manner of changing the boundaries; and

(3) The manner in which the districts shall function.

(c) A member may not vote by proxy or by mail at a district meeting.
Md. Code, Real Property § 5-102 — MD Code / Article grp / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

Section 5-101 of this title is not applicable to a leasehold estate not exceeding a term of one year.
Md. Code, Corporations and Associations § 5-209 — MD Code / Article gca / Title 5 / Subtitle 2 / Section 5-209
§5–209.
Status: in_force

(a) If a charitable or religious corporation is or is about to be dissolved, or for any reason it is impracticable or inexpedient to continue the corporation’s activities, a circuit court may order the disposition of corporate property that:

(1) Is not needed to pay the corporation’s debts; and

(2) (i) Is not subject to valid requirements for its return to the donor or the donor’s successor in interest by reason of the cessation of corporate activities; or

(ii) Is not claimed by the donor or the donor’s successor in interest after receiving the notice provided for in subsection (b) of this section.

(b) Notice of the substance and purpose of the complaint or petition shall be given to the donor of the property or the donor’s successor in interest by personal service or by publication in the manner the court directs.

(c) To the extent possible, the court shall direct or provide for the transfer of the corporation’s property to another corporation or association having a similar or analogous character or purpose, or associated or connected with the corporation.

(d) The intent of this section is that the circuit court may exercise the judicial power of cy-pres to fulfill, despite a change in circumstances, the general intention of the donor of the property for the use of the gift.
Md. Code, Corporations and Associations § 5-527 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-527
§5–527.
Status: in_force

(a) A cooperative may consolidate, merge, participate in a share exchange, transfer assets, or dissolve in the manner provided in Title 3 of this article for stock corporations in general.

(b) For purposes of this section, an objecting member has the same rights with respect to his contract and property rights as an objecting stockholder has with respect to his stock under Title 3, Subtitle 2 of this article.
Md. Code, Election Law § 5-503 — MD Code / Article gel / Title 5 / Subtitle 5 / Section 5-503
§5–503.
Status: in_force

(a) Except as provided in subsection (b) of this section, the certificate of withdrawal shall be filed with the appropriate board with which the individual filed the certificate of candidacy.

(b) The proclamation issued by the Governor under § 8-710 of this article for a special election to fill a vacancy for Representative in Congress shall allow any individual who has filed a certificate of candidacy to withdraw the candidacy as provided under the terms of the proclamation.
Md. Code, Family Law § 5-3A-43 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-43
§5–3A–43.
Status: in_force

(a) Subject to subsection (b) of this section, access to a dental or medical record of an adopted minor may not be denied to a parent of the minor because the parent is an adoptive parent.

(b) Access to a dental or medical record under this section may not include access to any part of the record that has identifying information as to a former parent of the minor.
Md. Code, Criminal Law § 5-622 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-622
§5–622.
Status: in_force

(a) In this section, “firearm” includes:

(1) a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, and short-barreled rifle, as those words are defined in § 4-201 of this article;

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

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

(b) A person may not possess, own, carry, or transport a firearm if that person has been convicted of:

(1) a felony under this title;

(2) a crime under the laws of another state or of the United States that would be a felony under this title if committed in this State;

(3) conspiracy to commit a crime referred to in items (1) and (2) of this subsection; or

(4) an attempt to commit a crime referred to in items (1) and (2) of this subsection.

(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.
Md. Code, Financial Institutions § 5-205 — MD Code / Article gfi / Title 5 / Subtitle 2 / Section 5-205
§5–205.
Status: in_force

The directors of a banking institution shall have a certified public accountant audit the institution at least once every 5 years.
Md. Code, Labor and Employment § 5-1004 — MD Code / Article gle / Title 5 / Subtitle 10 / Section 5-1004
§5–1004.
Status: in_force

(a) The Commissioner shall adopt regulations to implement the Program.

(b) The regulations adopted in accordance with subsection (a) of this section shall include requirements for:

(1) evidence of senior management leadership in the area of occupational safety and health, along with active and meaningful employee involvement;

(2) comprehensive hazard prevention, mitigation, and control programs;

(3) systematic assessment of occupational hazards;

(4) employee safety and health training; and

(5) safety and health program evaluation.
Md. Code, Economic Development § 5-906 — MD Code / Article gec / Title 5 / Subtitle 9 / Section 5-906
§5–906.
Status: in_force

Financial assistance from the Program may be in the form of a loan or grant, as provided in regulations of the Department.
Md. Code, Insurance § 5-303 — MD Code / Article gin / Title 5 / Subtitle 3 / Section 5-303
§5–303.
Status: in_force

(a) Except as otherwise provided in §§ 5–305 and 5–306 of this subtitle for group annuity contracts and pure endowment contracts issued before the operative date of the Maryland Standard Nonforfeiture Law for Life Insurance:

(1) §§ 5–304 through 5–312 of this subtitle apply only to policies and contracts, as appropriate, issued on or after that operative date and before the operative date of the valuation manual; and

(2) §§ 5–313 and 5–314 of this subtitle do not apply to the policies and contracts.

(b) Sections 5–313 and 5–314 of this subtitle apply to all life insurance policies, accident and health insurance contracts, and deposit–type contracts issued by a company on or after the operative date of the valuation manual.
Md. Code, Human Services § 5-606 — MD Code / Article ghu / Title 5 / Subtitle 6 / Section 5-606
§5–606.
Status: in_force

The local department shall place a duplicate photo identification print in the case file of a public assistance recipient whenever a photo identification card is issued to the recipient.
Md. Code, Financial Institutions § 5-704 — MD Code / Article gfi / Title 5 / Subtitle 7 / Section 5-704
§5–704.
Status: in_force

Each banking institution shall be closed on Sunday.
Md. Code, General Provisions § 5-603 — MD Code / Article ggp / Title 5 / Subtitle 6 / Section 5-603
§5–603.
Status: in_force

An individual who is appointed to fill a vacancy in an office for which a statement is required by § 5–601(a) of this subtitle, and who has not already filed a statement under § 5–602 of this subtitle for the preceding calendar year, shall file the statement within 30 days after appointment.
Md. Code, Human Services § 5-409 — MD Code / Article ghu / Title 5 / Subtitle 4 / Section 5-409
§5–409.
Status: in_force

The Administration shall:

(1) supervise the administration of the Program under this part by the local departments;

(2) adopt regulations necessary or desirable to carry out this part, including regulations to:

(i) establish eligibility requirements and any other requirements not set forth in this part; and

(ii) establish standards for the amount of assistance a recipient may receive under this part;

(3) prescribe the form of and supply to the local departments any forms the Administration considers necessary and desirable; and

(4) take any other action necessary or desirable to carry out this part.
Md. Code, Environment § 5-1103 — MD Code / Article gen / Title 5 / Subtitle 11 / Section 5-1103
§5–1103.
Status: in_force

(a) In this section, “large redevelopment site” has the meaning stated in § 4–101.1 of this article.

(b) (1) The Department may not approve any contained area for the redeposit of dredged material within 5 miles of the Hart–Miller–Pleasure Island chain in Baltimore County except for:

(i) Dredge spoil from local dredging projects initiated by Baltimore County in the waters of Baltimore County; or

(ii) Contained areas for the redeposit of dredged material at a large redevelopment site.

(2) A contained area described in paragraph (1)(i) of this subsection may not exceed the approximately 1,100 acre size provided in the projects U.S. Army Corps of Engineers permit dated November 22, 1976.

(3) (i) Subject to subparagraphs (ii) and (iii) of this paragraph, dredge spoil may not be deposited in the Hart–Miller Island Dredged Material Containment Facility after the first of the following to occur:

1. The maximum height of dredge spoil deposited in the Hart–Miller Island Dredged Material Containment Facility reaches:

A. 44 feet above the mean low water mark in the north cell; and

B. 28 feet above the mean low water mark in the south cell; or

2. January 1, 2010.

(ii) New dredge spoil dredged from a channel may not be deposited in the south cell.

(iii) Notwithstanding any other law, on or before December 31, 2027, the Department may approve the redeposit of dredged material at the Hart–Miller Island Dredged Material Containment Facility if:

1. The dredged material is from a location within 1 mile of the shoreline of a large redevelopment site; and

2. The person undertaking the dredging project has, after consultation with the Hart–Miller–Pleasure Island Citizens Oversight Committee, entered into an enforceable community benefits agreement with Baltimore County on or before December 31, 2024, that:

A. At the request of the County Executive of Baltimore County, was presented to and approved by the County Council of Baltimore County; and

B. Requires the person to pay a sum of money to Baltimore County and establishes a payment schedule for the sum of money, for the purpose of funding benefits to communities in the vicinity of the Hart–Miller Island Dredged Material Containment Facility.

(c) (1) Except as provided in paragraphs (2) and (3) of this subsection, only dredged material from the excavation or dredging of Baltimore Harbor, its approach channels, and Baltimore County tributary dredged material from an approved dredging project in any of the Baltimore County tributaries of the Chesapeake Bay may be redeposited in a contained area described in subsection (b)(1)(i) of this section.

(2) Only dredged material from local dredging projects initiated by Baltimore County in the waters of Baltimore County may be redeposited in any additional contained area for the redeposit of dredged material authorized under subsection (b)(1)(i) of this section.

(3) Only dredged material from a location within 1 mile of the shoreline of a large redevelopment site may be redeposited in a contained area for the redeposit of dredged material authorized under subsection (b)(1)(ii) of this section.

(d) The fee payable for each cubic yard of dredged material deposited at the Hart–Miller Island Dredged Material Containment Facility in accordance with subsection (b)(3)(iii) of this section shall:

(1) Not exceed the State’s actual incremental costs of operating and maintaining the Hart–Miller Island Dredged Material Containment Facility, to the extent such costs arise from the redeposit of dredged material described in subsection (b)(3)(iii) of this section, expressed on a per–cubic–yard basis; and

(2) Be in addition to the payments required by the community benefits agreement under subsection (b)(3)(iii)2 of this section.

(e) Nothing in this section shall authorize the Department to approve the redeposit of dredged material within 5 miles of the Hart–Miller–Pleasure Island chain in Baltimore County using confined aquatic disposal.
Md. Code, Public Safety § 5-703 — MD Code / Article gps / Title 5 / Subtitle 7 / Section 5-703
§5–703.
Status: in_force

(a) (1) A person may not purchase, receive, sell, offer to sell, or transfer an unfinished frame or receiver unless it is required by federal law to be, and has been, imprinted with a serial number by a federally licensed firearms manufacturer or federally licensed firearms importer in compliance with all federal laws and regulations applicable to the manufacture and import of firearms.

(2) Except as provided in paragraph (1) of this subsection, a person may not sell, offer to sell, or transfer a firearm unless it is imprinted with a serial number as described under subsection (b) of this section.

(b) (1) This subsection does not apply to:

(i) possession of a firearm unless a person knew or reasonably should have known that the firearm was not imprinted with a serial number as described under this subsection;

(ii) possession of a firearm that does not comply with the marking requirements described under this subsection by a person who received the firearm through inheritance, and is not otherwise prohibited from possessing the firearm, for a period not exceeding 30 days after inheriting the firearm; or

(iii) possession of an unfinished frame or receiver by a person that made or manufactured the unfinished frame or receiver, without the use of any prefabricated parts, and who is not otherwise prohibited from possessing the unfinished frame or receiver, for a period not exceeding 30 days after the person made or manufactured the unfinished frame or receiver.

(2) On or after March 1, 2023, a person may not possess a firearm unless:

(i) the firearm is required by federal law to be, and has been, imprinted by a federally licensed firearms manufacturer, federally licensed firearms importer, or other federal licensee authorized to provide marking services, with a serial number in compliance with all federal laws and regulations applicable to the manufacture and import of firearms; or

(ii) the firearm:

1. has been imprinted by a federally licensed firearms dealer, federal firearms manufacturer, or other federal licensee authorized to provide marking services, with:

A. the zip code of the current owner or person that made, completed, or initially assembled the firearm;

B. the initials of the current owner or person that made, completed, or initially assembled the firearm; and

C. a number that does not match a number used by the current owner on another firearm or by the person who made, completed, or initially assembled the firearm on any other firearm that the person has made, completed, or initially assembled; and

2. has been registered with the Secretary.

(c) (1) A person who violates subsection (a) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

(2) A person who violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $10,000 or both.

(3) Each violation of this section is a separate crime.

(d) A federally licensed firearms dealer or other federal licensee authorized to provide marking services who imprints a firearm under subsection (b)(2)(ii) of this section shall imprint the firearm in compliance with all federal laws and regulations applicable to affixing serial numbers to firearms, including:

(1) minimum size and depth requirements; and

(2) requirements that the numbers not be readily susceptible to being obliterated, altered, or removed.
Md. Code, Health - General § 5-306 — MD Code / Article ghg / Title 5 / Subtitle 3 / Section 5-306
§5–306.
Status: in_force

(a) This section does not apply to Baltimore City.

(b) (1) Subject to paragraph (2) of this subsection, the Office may appoint one or more deputy medical examiners and forensic investigators for each county.

(2) (i) The Office shall appoint a deputy medical examiner for a county from a list of qualified individuals submitted to the Office by the medical society of the county.

(ii) The number of names on the list shall be at least twice the number of vacancies.

(iii) If a county does not have a medical society or if the medical society does not submit a list of names, the Office may appoint a deputy medical examiner for the county without a list.

(c) Each deputy medical examiner appointed under subsection (b) of this section shall be a physician.

(d) If necessary, a deputy medical examiner may deputize another physician in the county to act as deputy medical examiner.

(e) Each deputy medical examiner is entitled:

(1) For each medical examiner’s case that the examiner investigates, to a fee that is set in accordance with the State budget;

(2) If the examiner is called as a witness before a grand jury or in a criminal case, to the fee that the court sets; and

(3) To any additional compensation that a county provides.
Md. Code, Public Safety § 5-701 — MD Code / Article gps / Title 5 / Subtitle 7 / Section 5-701
§5–701.
Status: in_force

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

(b) “Antique firearm” has the meaning stated in § 4–201 of the Criminal Law Article.

(c) “Federally licensed firearms dealer” means a person licensed by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to deal in firearms.

(d) “Federally licensed firearms importer” means a person licensed by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to import firearms.

(e) “Federally licensed firearms manufacturer” means a person licensed by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to manufacture firearms.

(f) “Firearm” has the meaning stated in § 5–101 of this title.

(g) “Secretary” means the Secretary of State Police or the Secretary’s designee.

(h) “Unfinished frame or receiver” means a forged, cast, printed, extruded, or machined body or similar article that has reached a stage in manufacture where it may readily be completed, assembled, or converted to be used as the frame or receiver of a functional firearm.
Md. Code, Business Occupations and Professions § 5-204 — MD Code / Article gbo / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

(a) A majority of the members then serving on the Board is a quorum.

(b) No formal action may be taken by the Board without the approval of a majority of the members of the Board eligible to vote.

(c) The Board shall meet at least once a month, at the times and places that the Board determines.

(d) Subject to the State budget, each member of the Board is entitled to:

(1) a reasonable fee set by the Board for each day on which the member is engaged in the duties of office; and

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

(e) The Board may employ a staff in accordance with the State budget.

(f) The Board shall have its principal office in Baltimore City.
Md. Code, Economic Development § 5-509 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-509
§5–509.
Status: in_force

(a) (1) The Executive Director is the chief administrative officer of the Authority.

(2) With the approval of the Secretary, the Authority may:

(i) appoint the Executive Director; or

(ii) contract with a private entity to perform the duties of the Executive Director.

(b) The Executive Director serves at the pleasure of the Authority, with the concurrence of the Secretary.

(c) In addition to any other duties set forth in this subtitle, the Executive Director shall:

(1) supervise the administrative affairs and technical activities of the Authority in accordance with its regulations and policies;

(2) attend all meetings of the Authority;

(3) keep minutes of all proceedings of the Authority;

(4) approve all accounts for salaries, per diem payments, and allowable expenses of the Authority, its employees, and its consultants;

(5) approve all expenses incidental to the operation of the Authority; and

(6) perform any other duty that the Authority or the Secretary requires to carry out this subtitle.
Md. Code, Family Law § 5-317 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-317
§5–317.
Status: in_force

In addition to any investigation required under § 5-323(c) of this subtitle, a juvenile court may order a neutral governmental unit or neutral person to carry out any investigation that the juvenile court considers necessary to determine a child’s best interests in ruling on a petition for guardianship.
Md. Code, Courts and Judicial Proceedings § 5-603 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-603
§5–603.
Status: in_force

(a) A person described in subsection (b) of this section is not civilly liable for any act or omission in giving any assistance or medical care, if:

(1) The act or omission is not one of gross negligence;

(2) The assistance or medical care is provided without fee or other compensation; and

(3) The assistance or medical care is provided:

(i) At the scene of an emergency;

(ii) In transit to a medical facility; or

(iii) Through communications with personnel providing emergency assistance.

(b) Subsection (a) of this section applies to the following:

(1) An individual who is licensed by this State to provide medical care;

(2) A member of any State, county, municipal, or volunteer fire department, ambulance and rescue squad, or law enforcement agency, the National Ski Patrol System, or a corporate fire department responding to a call outside of its corporate premises, if the member:

(i) Has completed an American Red Cross course in advanced first aid and has a current card showing that status;

(ii) Has completed an equivalent of an American Red Cross course in advanced first aid, as determined by the Secretary of Health;

(iii) Is certified or licensed by this State as an emergency medical services provider; or

(iv) Is administering medications or treatment approved for use in response to an apparent drug overdose and the member is:

1. Licensed or certified as an emergency medical services provider by the State Emergency Medical Services Board and authorized to administer the medications and treatment under protocols established by the State Emergency Medical Services Board;

2. Certified to administer the medications and treatment under protocols established by the Secretary of Health; or

3. Certified to administer the medications and treatment under protocols established by the Maryland State Police Medical Director;

(3) A volunteer fire department or ambulance and rescue squad whose members have immunity; and

(4) A corporation when its fire department personnel are immune under item (2) of this subsection.

(c) (1) An individual who is not covered otherwise by this section is not civilly liable for any act or omission in providing assistance or medical aid to a victim at the scene of an emergency, if:

(i) The assistance or aid is provided in a reasonably prudent manner;

(ii) The assistance or aid is provided without fee or other compensation; and

(iii) The individual relinquishes care of the victim when someone who is licensed or certified by this State to provide medical care or services becomes available to take responsibility.

(2) The immunity from civil liability under paragraph (1) of this subsection applies to an individual when administering naloxone in response to a known or suspected drug overdose.
Md. Code, Courts and Judicial Proceedings § 5-109 — MD Code / Article gcj / Title 5 / Subtitle 1 / Section 5-109
§5–109.
Status: in_force

(a) An action for damages for an injury arising out of the rendering of or failure to render professional services by a health care provider, as defined in § 3-2A-01 of this article, shall be filed within the earlier of:

(1) Five years of the time the injury was committed; or

(2) Three years of the date the injury was discovered.

(b) Except as provided in subsection (c) of this section, if the claimant was under the age of 11 years at the time the injury was committed, the time limitations prescribed in subsection (a) of this section shall commence when the claimant reaches the age of 11 years.

(c) (1) The provisions of subsection (b) of this section may not be applied to an action for damages for an injury:

(i) To the reproductive system of the claimant; or

(ii) Caused by a foreign object negligently left in the claimant’s body.

(2) In an action for damages for an injury described in this subsection, if the claimant was under the age of 16 years at the time the injury was committed, the time limitations prescribed in subsection (a) of this section shall commence when the claimant reaches the age of 16 years.

(d) For the purposes of this section, the filing of a claim with the Health Care Alternative Dispute Resolution Office in accordance with § 3-2A-04 of this article shall be deemed the filing of an action.

(e) The provisions of § 5-201 of this title that relate to a cause of action of a minor may not be construed as limiting the application of subsection (b) or (c) of this section.

(f) Nothing contained in this section may be construed as limiting the application of the provisions of:

(1) § 5-201 of this title that relate to a cause of action of a mental incompetent; or

(2) § 5-203 of this title.
Md. Code, Criminal Procedure § 5-209 — MD Code / Article gcp / Title 5 / Subtitle 2 / Section 5-209
§5–209.
Status: in_force

(a) In this section, “property bondsman” means a person other than a defendant who executes a bail bond secured by real estate in the State.

(b) A property bondsman may authorize an agent in writing to execute on behalf of the property bondsman:

(1) a bail bond; and

(2) a declaration of trust or deed of trust to secure a bail bond by real estate.

(c) If all other requirements of law are met, a person authorized by law to take a bail bond shall take a bail bond secured by declaration of trust or deed of trust on real estate properly executed by an authorized agent of a property bondsman.

(d) (1) A person who acts as a property bondsman for compensation shall provide to the court documentation of ownership, tax status, and liens against the property posted.

(2) A person described under paragraph (1) of this subsection who willfully provides false documentation is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
Md. Code, Transportation § 5-411 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-411
§5–411.
Status: in_force

(a) The Administration may accept, receive, receipt for, disburse, and spend any federal or other public or private money made available to accomplish, wholly or partly, any of the purposes of this subtitle.

(b) All federal money accepted under this section shall be accepted and spent by the Administration on the terms and conditions that the federal government requires.

(c) In accepting federal money under this section, the Administration has the same authority to contract on behalf of this State as that granted to the Administration under § 5-422 of this subtitle for federal money accepted on behalf of a political subdivision, consistent with the provisions of Division II of the State Finance and Procurement Article.

(d) Unless otherwise required by the person from whom the money was received, all money received by the Administration under this section is subject to § 3-216 of this article on the Transportation Trust Fund.
Md. Code, Family Law § 5-1027 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1027
§5–1027.
Status: in_force

(a) At the trial, the burden is on the complainant to establish by a preponderance of the evidence that the alleged father is the father of the child.

(b) Both the mother and the alleged father are competent to testify at the trial.

(c) The provisions of Title 1, Subtitle 2 of the Estates and Trusts Article regarding presumptions of parentage apply in an action under this subtitle.

(d) The alleged father may not be compelled to give evidence at the trial.
Md. Code, Business Occupations and Professions § 5-403 — MD Code / Article gbo / Title 5 / Subtitle 4 / Section 5-403
§5–403.
Status: in_force

The Board shall register and issue a certificate of registration to each applicant who meets the requirements of this subtitle.
Md. Code, Public Safety § 5-311 — MD Code / Article gps / Title 5 / Subtitle 3 / Section 5-311
§5–311.
Status: in_force

(a) If the Secretary denies a permit or renewal of a permit or revokes or limits a permit, the Secretary shall provide written notice of that initial action to the applicant, including a detailed explanation of the reason or reasons for the initial action.

(b) A person who is denied a permit or renewal of a permit or whose permit is revoked or limited may request the Secretary to conduct an informal review by filing a written request within 10 days after receipt of the written notice of the Secretary’s initial action under subsection (a) of this section.

(c) An informal review:

(1) may include a personal interview of the person who requested the informal review; and

(2) is not subject to Title 10, Subtitle 2 of the State Government Article.

(d) (1) In an informal review, the Secretary shall sustain, reverse, or modify the initial action taken and notify the person who requested the informal review of the decision in writing within 30 days after receipt of the request for informal review.

(2) The written notice of the results of the Secretary’s informal review under paragraph (1) of this subsection shall include a detailed explanation of the reason or reasons for the Secretary’s decision to sustain, reverse, or modify the initial action.

(e) A person need not file a request for an informal review under this section before requesting review under § 5–312 of this subtitle.
Md. Code, Family Law § 5-4B-04 — MD Code / Article gfl / Title 5 / Subtitle 4B / Section 5-4B-04
§5–4B–04.
Status: in_force

(a) Except as provided in subsection (b) of this section, the Director shall provide the list of confidential intermediaries to an individual who applies for search, contact, and reunion services.

(b) The Director shall refer an individual who applies for search, contact, and reunion services to the child placement agency that placed the child for adoption if:

(1) the identity of the child placement agency that placed the child for adoption is known; and

(2) the child placement agency is a confidential intermediary, as defined in § 5-4B-01 of this subtitle.

(c) (1) If the identity of the child placement agency that placed the child for adoption is unknown, the Director shall make reasonable efforts to determine the identity of the child placement agency that placed the child for adoption.

(2) For purposes of paragraph (1) of this subsection, the Director shall have access to any information that is contained in a birth record or public record described in § 5-4B-06(b)(1) or (c)(1) of this subtitle.

(3) (i) The Director may charge an individual who applies for search, contact, and reunion services a reasonable fee for a search conducted in accordance with paragraph (2) of this subsection.

(ii) The overall amount of fees collected may not exceed the costs of providing the search.

(4) The Director shall forward any information obtained from a search conducted in accordance with paragraph (2) of this subsection to the confidential intermediary for purposes of providing search, contact, and reunion services.
Md. Code, Economic Development § 5-425 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-425
§5–425.
Status: in_force

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

(b) The Fund consists of:

(1) money appropriated in the State budget to the Fund;

(2) premiums, fees, and any other money received by the Authority with respect to financial assistance provided by the Authority from the Fund;

(3) proceeds from the sale, lease, or other disposition of property of the Authority;

(4) interest received from linked deposits made from the Linked Deposit Program under Part VI of this subtitle; and

(5) any other money made available under this subtitle.
Md. Code, Corporations and Associations § 5-5A-16 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-16
§5–5A–16.
Status: in_force

The bylaws of a cooperative shall provide for the process of removal of directors, officers, and delegates.
Md. Code, Corporations and Associations § 5-5A-17 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-17
§5–5A–17.
Status: in_force

The bylaws of a cooperative may provide for remuneration of its officers and directors.
Md. Code, State Finance and Procurement § 5-503 — MD Code / Article gsf / Title 5 / Subtitle 5 / Section 5-503
§5–503.
Status: in_force

(a) The Department shall be a repository for information about State–owned real property.

(b) The Department shall correlate information concerning real property owned by the State.

(c) (1) The Department shall maintain a current, updated list of real property owned by the State.

(2) The list shall include pertinent details concerning size, facilities, and value.

(3) A copy of the list and any related information shall be provided to any State agency and the General Assembly upon request.
Md. Code, Courts and Judicial Proceedings § 5-5A-01 — MD Code / Article gcj / Title 5 / Subtitle 5A / Section 5-5A-01
§5–5A–01.
Status: in_force

(a) Except as otherwise provided by State law, a municipal corporation and its officers and units may not raise the defense of sovereign immunity in a court of the State in a contract action based on a written contract executed on behalf of the municipal corporation or its units by an official or employee acting within the scope of the official’s or employee’s authority.

(b) In a contract action described in subsection (a) of this section, a municipal corporation and its officers and units are not liable for punitive damages.

(c) A claim is barred unless the claimant files suit within the later of 1 year after:

(1) The date on which the claim arose; or

(2) The date of completion of the contract that gave rise to the claim.

(d) The governing body of a municipal corporation shall make available adequate money to satisfy any final judgment, after any right of appeal is exhausted, against the municipal corporation or its officers or units in a contract action under this section.

(e) (1) A municipal corporation may require, in connection with a construction contract to which the municipal corporation is a party, that a dispute regarding the terms of or performance under the contract be subject to a final, binding determination by:

(i) A neutral person selected by, or under a procedure established by, the highest executive authority of the municipal corporation; or

(ii) If the other party to the dispute does not accept as neutral the person selected under item (i) of this paragraph, an arbitration panel composed of:

1. One member designated by the highest executive authority of the municipal corporation;

2. One member designated by the other party to the dispute; and

3. One member to be selected by mutual agreement of the two designated members from lists submitted by the parties to the dispute.

(2) Except as provided in paragraph (3) of this subsection, a municipal corporation may not require, in connection with a construction contract to which the municipal corporation is a party, that a dispute involving at least $10,000 regarding the terms of or performance under the contract be subject to a final, binding determination made by an officer or official body of the municipal corporation.

(3) A municipal corporation may require, in connection with a construction contract to which the municipal corporation is a party, that questions of fact arising from a dispute involving at least $10,000 regarding the terms of or performance under the contract be subject to a determination by an officer or official body of the municipal corporation if the decision of the officer or official body is subject to judicial review on the record.
Md. Code, Family Law § 5-602 — MD Code / Article gfl / Title 5 / Subtitle 6 / Section 5-602
§5–602.
Status: in_force

It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:

(1) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.

(2) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.

(3) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.

(4) Appropriate jurisdictional arrangements for the care of children will be promoted.
Md. Code, General Provisions § 5-843 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-843
§5–843.
Status: in_force

(a) An applicant or party of record who makes a contribution during the 4–year election cycle before the filing of the application or during the pendency of the application shall disclose the contribution in accordance with this section.

(b) (1) (i) On filing an application, an applicant shall submit a disclosure statement that:

1. names each candidate or elected official to whose treasurer or political committee the applicant made a contribution; and

2. states the amount and the date of the contribution.

(ii) If a contribution was not made, the disclosure statement shall so state.

(2) The disclosure statement shall be filed:

(i) on a form approved by the County Council, which shall contain:

1. an affirmation clause to be signed by the applicant under the penalties of perjury that the contents of the disclosure statement are true to the best of the applicant’s knowledge, information, and belief; and

2. a notice that noncompliance with this subtitle may result in a fine not exceeding $1,000; and

(ii) with the Chief Hearing Examiner of the Office of Zoning and Administrative Hearings, unless the County Council determines otherwise.

(3) Within 2 weeks after entering a proceeding, a party of record that has made a contribution shall submit a disclosure statement as described under paragraph (2) of this subsection.

(4) A contribution made after the filing of the initial disclosure and before the final disposition of the application by the District Council shall be disclosed within 5 business days after the contribution.

(c) (1) Except as provided in paragraph (2) of this subsection, a contributor is subject to this part if the contributor makes a contribution to a candidate, a slate, or a candidate’s political committee.

(2) This part does not apply to a transfer by a political action committee to a candidate or to the political committee of a candidate or an elected official.

(d) (1) The Chief Hearing Examiner of the Office of Zoning and Administrative Hearings:

(i) is the official custodian of records filed under this part; and

(ii) shall prepare a summary report at least twice each calendar year compiling all affidavits and disclosures that have been filed.

(2) A summary report and disclosure statement filed under this part shall be a matter of public record and available for inspection on written request.
Md. Code, Election Law § 5-904 — MD Code / Article gel / Title 5 / Subtitle 9 / Section 5-904
§5–904.
Status: in_force

(a) This section does not apply if only one Governor and Lieutenant Governor unit files a certificate of candidacy for the nomination of a political party for those offices in a primary election.

(b) (1) If a candidate for Governor dies, withdraws the candidacy, or becomes disqualified for any reason after the deadline for filing a certificate of candidacy for a primary election under § 5–303 of this title, the remaining candidate for Lieutenant Governor of that unit may:

(i) designate the Lieutenant Governor candidate as the successor candidate for Governor and appoint a successor candidate for Lieutenant Governor; or

(ii) designate a successor candidate for Governor.

(2) The names of any Governor and Lieutenant Governor candidate unit that is designated under paragraph (1) of this subsection shall be listed jointly on the primary election ballot.

(c) (1) The successor candidate for Governor designated by the Lieutenant Governor candidate under subsection (b)(1)(ii) of this section, or the former candidate for Lieutenant Governor who subsequently is designated as the candidate for Governor together with the candidate appointed as the successor candidate for Lieutenant Governor under subsection (b)(1)(i) of this section, each shall file a certificate of candidacy with the State Board.

(2) The certificate of candidacy shall be filed:

(i) by the fifth day following the withdrawal deadline specified under § 5–502 of this title, if the former candidate for Governor files a certificate of withdrawal; or

(ii) by the fifth day following the day of the death or disqualification of the former candidate for Governor, if that former candidate dies or is disqualified less than 70 days before the day of the primary election.

(3) A certificate of candidacy may not be filed under paragraph (2)(ii) of this subsection less than 65 days before the day of the primary election.

(d) If the death or disqualification of a former candidate for Governor occurs less than 65 days before the day of the primary election, the existing Governor and Lieutenant Governor unit whose filing is complete:

(1) shall remain on the ballot; and

(2) if nominated, a vacancy in the office of Governor shall be declared and filled under § 5–1005 of this title as if the death or disqualification had occurred after the primary election.
Md. Code, Courts and Judicial Proceedings § 5-706 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-706
§5–706.
Status: in_force

(a) In this section, “Committee” means the Electrology Practice Committee.

(b) A person who acts in good faith and within the scope of the jurisdiction of the Committee is not civilly liable for giving information to the Committee or otherwise participating in its activities.
Md. Code, Economic Development § 5-510 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-510
§5–510.
Status: in_force

A member of the Authority may not participate in any decision related to the approval of financial assistance if the member has any interest in:

(1) the applicant for the assistance; or

(2) the financial institution seeking a guaranty or an interest subsidy or both.
Md. Code, Environment § 5-502 — MD Code / Article gen / Title 5 / Subtitle 5 / Section 5-502
§5–502.
Status: in_force

(a) Every person is required to obtain a permit from the Department to appropriate or use or begin to construct any plant, building, or structure which may appropriate or use any waters of the State, whether surface water or groundwater. The permit is obtained upon written application to the Department. The applicant shall provide the Department with satisfactory proof that the proposed withdrawal of water will not jeopardize the State’s natural resources.

(b) This section does not apply to:

(1) Use of water for domestic purposes other than for heating and cooling;

(2) Use of water for agricultural purposes, if the average annual water use is less than 10,000 gallons per day, except as provided in subsection (c)(2) of this section;

(3) Use of tidal waters for oyster aquaculture purposes, if the water is returned to the same body of water from which it is appropriated; or

(4) Use of groundwater at an average annual water use of 5,000 gallons of water per day or less, provided that:

(i) 1. The use is not for a public water system that:

A. Serves at least 15 service connections used by year–round residents of the area served by the system; or

B. Regularly serves at least 25 year–round residents; or

2. The use will not occur within a water management strategy area established by the Department; and

(ii) The user files a notice of exemption with the Department at least 30 days before the use is proposed to begin.

(c) (1) The Department shall issue a permit to a person using water prior to July 1, 1988 for agricultural purposes upon written application to the Department.

(2) A person using less than an annual average of 10,000 gallons of water per day for agricultural purposes may apply for a permit to appropriate or use waters of the State.

(d) When the Department determines that a water supply emergency exists and available water supplies are inadequate in an area to meet the needs of all persons who have permits under this subtitle, the following uses shall have priority for appropriation or use of water in the order listed:

(1) Domestic and municipal uses for sanitation, drinking water, and public health and safety;

(2) Agricultural uses, including the processing of agricultural products; and

(3) All other uses.

(e) Notwithstanding any other provision of this subtitle, an application for a certificate of public convenience and necessity associated with power plant construction which involves use or diversion of waters of the State made to the Public Service Commission under the Public Utilities Article constitutes an application for the permit required by this section, and the provisions of § 3–306 of the Natural Resources Article apply. If an application is made to the Public Service Commission, the hearing provided for by this subtitle is not required. All evidence relevant to the purposes of this subtitle shall be presented at the hearing held by the Public Service Commission, as required by § 7–207 of the Public Utilities Article. The permit required by this subtitle is included in the certificate of public convenience and necessity issued by the Public Service Commission.
Md. Code, Public Safety § 5-104 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-104
§5–104.
Status: in_force

This subtitle supersedes any restriction that a local jurisdiction in the State imposes on a sale of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the sale of a regulated firearm.
Md. Code, Election Law § 5-302 — MD Code / Article gel / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

(a) A certificate of candidacy shall be filed under oath on the prescribed form.

(b) The certificate of candidacy shall be filed with the State Board if the candidacy is for:

(1) an office to be voted upon by the voters of the entire State;

(2) the General Assembly of Maryland;

(3) Representative in Congress;

(4) the office of judge of the circuit court for a county; or

(5) an office of elected delegate to a presidential national convention provided for under Title 8, Subtitle 5 of this article.

(c) (1) If the candidacy is for an office other than an office described in subsection (b) of this section, the certificate of candidacy shall be filed with the local board of the applicable county.

(2) In accordance with regulations adopted by the State Board, each local board shall provide the name and other required information for each candidate to the State Board.

(d) The State Administrator may designate satellite locations for a temporary period to receive a certificate of candidacy.
Md. Code, Economic Development § 5-705 — MD Code / Article gec / Title 5 / Subtitle 7 / Section 5-705
§5–705.
Status: in_force

(a) (1) A political subdivision may apply to the Secretary to expand an existing enterprise zone in the same manner as the political subdivision would apply to designate a new enterprise zone.

(2) The Secretary may grant an expansion of an enterprise zone into an area that meets the requirements of § 5–704 of this subtitle.

(3) For purposes of § 5–704(b) of this subtitle, an expansion of an enterprise zone that does not exceed 25% of the existing geographic area of the enterprise zone does not count towards the limit on the number of enterprise zones that:

(i) the Secretary may designate in a calendar year; or

(ii) a county may receive in a calendar year.

(b) (1) The Secretary may grant one extraordinary expansion of an enterprise zone in the State each calendar year for an area that:

(i) meets the requirements of § 5–704 of this subtitle; and

(ii) in the determination of the Secretary, has suffered a significant loss of economic base or merits inclusion in an enterprise zone for a compelling economic reason.

(2) For purposes of § 5–704(b) of this subtitle, an extraordinary expansion of an enterprise zone does not count towards the limit on the number of enterprise zones that:

(i) the Secretary may designate in a calendar year; or

(ii) a county may receive in a calendar year.
Md. Code, Transportation § 5-414 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-414
§5–414.
Status: in_force

(a) There is a Citizens Committee for the Enhancement of Communities Surrounding Baltimore-Washington International Thurgood Marshall Airport.

(b) (1) The Citizens Committee consists of 12 members who are appointed by the Secretary after recommendation by the members of the legislative delegation from legislative districts 12A, 12B, 13, and 32 as follows:

(i) Two members of the Citizens Committee shall be recommended by each of the delegates representing district 32;

(ii) One member of the Citizens Committee shall be recommended by the delegates representing district 12A;

(iii) One member of the Citizens Committee shall be recommended by the delegate representing district 12B;

(iv) One member of the Citizens Committee shall be recommended by the delegates representing district 13; and

(v) Three members of the Citizens Committee shall be recommended by the senator representing district 32.

(2) The members shall be representatives of community associations that are either wholly or partially situated:

(i) In the certified noise zone that was adopted under § 5–806 of this title and effective March 23, 1998, for Baltimore–Washington International Thurgood Marshall Airport; or

(ii) In a border extending 2 miles outside of the certified noise zone.

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

(2) The terms of the members are staggered as required by the terms provided for members of the Citizens Committee on October 1, 2001.

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

(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.

(d) From among the members of the Citizens Committee, the Secretary shall appoint a chairman.

(e) (1) The Citizens Committee shall meet regularly at the call of the chairman.

(2) The Secretary, or the Secretary’s designee, shall meet with the Citizens Committee at least quarterly.

(f) A member of the Citizens Committee may not receive compensation or other reimbursement for expenses.

(g) The Citizens Committee shall:

(1) Evaluate issues of livability in the communities located in the area described in subsection (b)(2) of this section and the unique impacts on livability in these communities arising from their close proximity to Baltimore-Washington International Thurgood Marshall Airport;

(2) Develop projects designed to address transportation issues that affect livability in the communities; and

(3) Make recommendations to the Secretary for the funding of projects designed to address transportation issues that affect livability in the communities.

(h) (1) The Secretary shall consider the recommendations of the Citizens Committee.

(2) The Secretary may make grants-in-aid, under § 2-103(i)(2) of this article, to fund transportation related projects recommended by the Citizens Committee.

(3) (i) The Secretary shall identify in the annual budget for the Department an amount designated for the grants-in-aid authorized under this subsection.

(ii) In making a budget designation under this paragraph, the Secretary shall consider the number of aircraft operations at Baltimore-Washington International Thurgood Marshall Airport for the most recent available calendar year.

(iii) A budget amount designated under this paragraph shall include an amount equal to at least one dollar for every takeoff and landing of an aircraft that occurs at Baltimore-Washington International Thurgood Marshall Airport for the most recent available calendar year.

(i) Staff support for the Citizens Committee shall be provided by the Department.
Md. Code, Financial Institutions § 5-907 — MD Code / Article gfi / Title 5 / Subtitle 9 / Section 5-907
§5–907.
Status: in_force

(a) To the extent specified by the Commissioner by regulation or written request, each bank holding company that controls a Maryland bank or a Maryland bank holding company shall submit to the Commissioner:

(1) Copies of reports filed for the preceding calendar year with a bank supervisory agency by each Maryland bank controlled by the bank holding company; and

(2) A report specifying as of the end of the preceding calendar year, for each branch of each Maryland bank controlled by the bank holding company:

(i) The location; and

(ii) The amount of deposits held.

(b) The reports specified in subsection (a) of this section:

(1) May consist of a copy of a report filed with another bank supervisory agency that contains substantially similar information; and

(2) May not be requested by the Commissioner unless the Commissioner determines that the information is not available from another bank supervisory agency.

(c) At the request of the Commissioner, to the extent permitted by applicable State or federal law, each bank holding company that controls a Maryland bank or a Maryland bank holding company shall provide to the Commissioner copies of reports of examination prepared by any bank supervisory agency in connection with the examination of any Maryland bank.
Md. Code, Human Services § 5-207 — MD Code / Article ghu / Title 5 / Subtitle 2 / Section 5-207
§5–207.
Status: in_force

(a) Subject to § 2-209(b) of this article, the Executive Director may adopt regulations necessary to carry out the duties imposed on the Executive Director by law.

(b) (1) The Executive Director shall adopt regulations covering the custody, use, and preservation of the records of the Administration and the local departments concerning applicants for and recipients of public assistance.

(2) The use of the records of the Administration and the local departments by any other governmental unit shall be limited to the purposes for which the records are furnished.

(c) (1) All regulations or directives implemented by the Executive Director that are based on federal law, rules, regulations, or guidelines shall have the federal material:

(i) referenced in the text of the State material; or

(ii) attached permanently to the State material.

(2) The Department shall furnish to each of the local departments at least one up-to-date copy of all current federal regulations applicable to the operations of the local department.
Md. Code, Transportation § 5-213 — MD Code / Article gtr / Title 5 / Subtitle 2 / Section 5-213
§5–213.
Status: in_force

(a) The Administration may make any contract necessary for or incidental to the performance of its duties and the exercise of its powers under this title.

(b) Subject to the provisions of Division II of the State Finance and Procurement Article, if the planning, acquisition, construction, improvement, maintenance, or operation of any airport facility is financed with federal money, the Administration may contract as required by the federal authorities acting under federal law.
Md. Code, Business Regulation § 5-204 — MD Code / Article gbr / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

(a) (1) With the advice of the Advisory Council and after consultation with representatives of the cemetery industry, the Director shall adopt:

(i) rules and regulations to carry out this title; and

(ii) a code of ethics for engaging in the operation of a cemetery, crematory, or reduction facility or providing burial goods.

(2) In conjunction with the State Board of Morticians and Funeral Directors, the Director shall:

(i) establish a process for regulating crematories and reduction facilities that provides for:

1. registration of crematory operators and reduction facility operators or issuance of permits for operating crematories and reduction facilities, and renewal;

2. applications, including certification of ownership and identification of individuals who will perform alkaline hydrolysis, cremation, or natural organic reduction;

3. registration and permit fees;

4. inspections and oversight;

5. grounds for discipline and penalties; and

6. complaints and hearings; and

(ii) adopt regulations that are identical to regulations adopted by the State Board of Morticians and Funeral Directors to:

1. implement item (i) of this paragraph; and

2. ensure public health and safety.

(3) The Director shall adopt regulations that:

(i) require a registered reduction operator to notify the authorizing agent in writing and before initiating natural organic reduction that a person who uses or disposes of soil remains is in violation of § 5–514 of the Health – General Article;

(ii) require a reduction facility to monitor and record written verification that the temperature during each instance of a natural organic reduction process attains a specified minimum internal equipment temperature for a specified minimum period of time;

(iii) establish appropriate standards for training and experience for the registration of reduction operators;

(iv) prohibit the use of natural organic reduction in any instance in which the human remains are known, or reasonably suspected, to be embalmed or to have an infection, disease, or biological condition that renders the process of natural organic reduction or the resulting soil remains unreasonably unsafe, including:

1. Creutzfeldt–Jakob disease or other prion disease;

2. Ebola virus infection;

3. Mycobacterium tuberculosis infection;

4. the presence of diagnostic or therapeutic radioisotopes; or

5. any other infection, disease, or biological condition identified by the Director based on the reasonable recommendation of a federal, State, or local health authority;

(v) establish a mandatory contamination testing program for reduction facilities to ensure the safety of soil remains produced, including the following minimum program elements:

1. collecting routine material samples from soil remains for analysis using:

A. a reliable sampling methodology; and

B. an appropriate frequency of sampling, as recommended or approved by the U.S. Composting Council or another reliable scientific advisory authority;

2. recording and retaining the results of an analysis of samples from the soil remains conducted by an independent third–party laboratory to identify the presence of heavy metals or microbial pathogens according to the appropriate contamination parameters for biosolids specified by the U.S. Environmental Protection Agency under Title 40 C.F.R. Part 503, Chapter I, Subchapter O;

3. conducting an analysis for each production of soil remains to ensure that the soil remains contain less than 0.01 mg/kg dry weight of specific physical contaminants, which may include intact bone, dental fillings, and medical implants;

4. ensuring that no soil remains are released until the soil remains comply with each of the applicable contamination testing parameters; and

5. periodic reporting of testing results to appropriate State and local health authorities that have requested the results; and

(vi) establish any other reasonable prohibition, rule, or requirement the Director determines is necessary to protect the public health and safety during the process of natural organic reduction.

(b) Upon receipt of a written complaint, or at the discretion of the Director, the Director or the Director’s designee may conduct an investigation and an inspection of the records and site of a registered cemeterian, registered crematory operator, registered reduction operator, registered seller, permit holder, or any other person subject to the registration or permit provisions of this title.

(c) The Director may hold hearings on any matter covered by this title.

(d) To enforce this title, the Director may:

(1) administer oaths;

(2) examine witnesses; and

(3) receive evidence.

(e) (1) The Director may issue a subpoena for the attendance of a witness to testify or for the production of evidence in connection with any investigation or hearing conducted in accordance with this section.

(2) If a person fails to comply with a subpoena issued under this subsection, on petition of the Director, a circuit court may compel compliance with the subpoena.

(f) (1) The Director may sue in the name of the State to enforce any provision of this title by injunction.

(2) In seeking an injunction under this subsection, the Director is not required to:

(i) post bond; or

(ii) allege or prove either that:

1. an adequate remedy at law does not exist; or

2. substantial or irreparable damage would result from the continued violation of the provision.

(3) The Director or staff may not be held personally liable for any action taken under this title in good faith and with reasonable grounds.

(g) The Director may issue a cease and desist order, if the Director finds a violation of this title.

(h) The Director may refer to the Office of the Attorney General:

(1) a violation of this title for enforcement; and

(2) an alleged unfair or deceptive trade practice under Title 13 of the Commercial Law Article.

(i) (1) For each fiscal year, the Director shall maintain a list of:

(i) all registrants and permit holders;

(ii) all for–profit cemeteries and nonreligious–nonprofit cemeteries associated with a registrant or permit holder; and

(iii) all bona fide religious–nonprofit cemeteries, veterans’ cemeteries, and local government–owned cemeteries that have filed a statement or report required under §§ 5–405, 5–606, and 5–710 of this title.

(2) All lists maintained by the Director shall be open to inspection by any person.

(3) Based on the list maintained by the Director under paragraph (1)(i) of this subsection, the Director shall include in the annual report to the General Assembly required under subsection (l)(3) of this section the following information as of June 30 of the year that is the subject of the report:

(i) the total number of registrants and permit holders; and

(ii) the number of registrants and permit holders for each licensing category.

(j) (1) The Director shall distribute a copy of the Maryland Cemetery Act, code of ethics, and applicable regulations to each applicant for registration or permit.

(2) Upon renewal of a registration or permit, the Director shall distribute any amendments to the Maryland Cemetery Act, code of ethics, or applicable rules and regulations that have occurred since the last application.

(k) In conjunction with the State Board of Morticians and the Division of Consumer Protection of the Office of the Attorney General, the Director shall publish a consumer information pamphlet that describes:

(1) the rights of consumers in the purchase of funeral, cemetery, crematory goods and services, and natural organic reduction; and

(2) any other information that the Director considers reasonably necessary to aid consumers.

(l) (1) Beginning with a report due on December 1, 2008, the Director shall conduct an inventory of all known burial sites in the State and shall update the inventory and report every 5 years to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the number of for–profit cemeteries, nonreligious–nonprofit cemeteries, bona fide religious–nonprofit cemeteries, veterans’ cemeteries, and local government–owned cemeteries.

(2) Beginning December 1, 2008, the Director shall annually assess the rate of compliance with the registration, permit, and reporting requirements of this title by comparing the lists required under subsection (i)(1)(ii) and (iii) of this section with the most recent inventory of all known burial sites conducted under paragraph (1) of this subsection.

(3) Beginning with a report due on January 31, 2009, for fiscal year 2008, the Director shall report annually to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the implementation of an action plan, if appropriate, to address any noncompliance issues identified by the assessment required under paragraph (2) of this subsection.

(4) The Director shall provide a copy of the annual report required under paragraph (3) of this subsection to each member of the Advisory Council.

(m) At the time of appointment of new members and before reappointment of existing members of the Advisory Council, the Director shall deliver to each member the paperwork necessary to disclose any interest or employment held by the member at the time of appointment as required by the Maryland Public Ethics Law.
Md. Code, General Provisions § 5-404 — MD Code / Article ggp / Title 5 / Subtitle 4 / Section 5-404
§5–404.
Status: in_force

(a) (1) A hearing on a complaint shall be conducted under Title 10, Subtitle 2 of the State Government Article insofar as that subtitle is consistent with this title.

(2) In preparation for the hearing, the respondent may use the subpoena power of the Ethics Commission.

(b) At the hearing, the staff counsel:

(1) shall present to the Ethics Commission all available evidence relating to each alleged violation of this title; and

(2) may recommend any disposition of the complaint that appears appropriate to the staff counsel.

(c) The respondent may be represented by counsel.
Md. Code, Financial Institutions § 5-1101.1 — MD Code / Article gfi / Title 5 / Subtitle 11 / Section 5-1101.1
§5–1101.
Status: in_force

§5–1101.1.

The provisions of this subtitle which authorize an out–of–state bank holding company to acquire and hold certain institutions are only in effect through June 1, 1986. Any acquisition that was approved under this subtitle before June 1, 1986, remains subject to the terms and conditions that were in effect before that date, including the authorizations in § 5–1102(c) and (d) of this subtitle.