Md. Code, Education § 16-313 — MD Code / Article ged / Title 16 / Subtitle 3 / Section 16-313
§16–313.
Status: in_force

(a) (1) The board of trustees may provide for procurement by competitive sealed proposals in accordance with the provisions of this section.

(2) The board of trustees may adopt regulations to implement the provisions of this section.

(b) Competitive sealed proposals is the preferred procurement method for educational or consultant services.

(c) (1) Whenever procurement is based on competitive sealed proposals, the board of trustees or its designee shall seek proposals by issuing a request for proposals.

(2) A request for proposals shall include a statement of:

(i) The scope of the procurement contract;

(ii) The results to be achieved or services to be provided;

(iii) The factors, including price, that will be used in evaluating proposals; and

(iv) The relative importance of each factor.

(d) The board of trustees or its designee shall publish a request for proposals in the same manner as required for an invitation for bids.

(e) (1) After receipt of proposals but before the board of trustees awards the procurement contract, the board or its designee may conduct discussions with an offeror to:

(i) Obtain the best price for the college; and

(ii) Ensure full understanding of:

1. The requirements of the college as set forth in the request for proposals; and

2. The proposal submitted by the offeror.

(2) If discussions are conducted, the board of trustees or its designee:

(i) Shall conduct the discussions in accordance with regulations adopted by the board;

(ii) Shall provide an opportunity to participate to each responsible offeror who submits a proposal that, in the judgment of the board or its designee, is reasonably susceptible of being selected for award;

(iii) Shall treat all of the responsible offerors fairly and equally;

(iv) May allow all of the responsible offerors to revise their initial proposals by submitting best and final offers, if discussions indicate that it would be in the best interests of the college to do so;

(v) May conduct more than one series of discussions and requests for best and final offers; and

(vi) May not disclose to an offeror any information derived from a proposal of or discussions with a competing offeror.

(f) (1) Except as provided in paragraph (2) of this subsection:

(i) A proposal is irrevocable for the period specified in the request for proposals; and

(ii) A best and final offer is irrevocable for the period specified in the request for best and final offers.

(2) The board of trustees or its designee may allow an offeror to correct or withdraw a proposal or best and final offer if correction or withdrawal is allowed under regulations adopted by the board.

(g) After obtaining any approval required by law, the board of trustees shall award the procurement contract to the responsible offeror who submits the proposal or best and final offer determined to be the most advantageous to the college considering the evaluation factors set forth in the request for proposals.

(h) The board of trustees may reject any and all proposals and readvertise for other offers.
Md. Code, Education § 16-413 — MD Code / Article ged / Title 16 / Subtitle 4 / Section 16-413
§16–413.
Status: in_force

(a) (1) Before it acquires any real property for a community college, the Board of Community College Trustees for Montgomery County shall make a written request to the commission or agency responsible for county land use planning for that commission’s confidential recommendations of appropriate sites.

(2) In its request, the Board of Trustees may request the commission to consider any sites the Board designates.

(3) The commission shall recommend sites that:

(i) Meet the college’s needs;

(ii) Comply with State regulations; and

(iii) Conform as far as practical with the land use plans of the county.

(b) (1) Within 45 days after it receives a request from the Board of Trustees, the commission shall send its written recommendations for sites to the Board of Trustees.

(2) If the Board is unable to agree on a site from among the commission’s recommendations, the Board shall advise the County Council in writing of this fact and the Council may request that the commission reconsider the matter and resubmit recommendations for action by the Board.

(c) (1) The Board of Trustees shall select a preferred site and rank the other sites recommended by the commission in the order of their suitability and submit its ranking to the County Council. The Board may specify certain sites as unsuitable.

(2) The County Council shall approve or disapprove the Board’s selection within 45 days. If the County Council disapproves the preferred site:

(i) The County Council shall indicate in writing its reasons; and

(ii) The Board shall select a different site from the ranking and resubmit it to the County Council.

(d) If the County Council approves a site, the Board may proceed with acquisition as provided by law.
Md. Code, Alcoholic Beverages and Cannabis § 16-1308 — MD Code / Article gab / Title 16 / Subtitle 13 / Section 16-1308
§16–1308.
Status: in_force

(a) There is a liquor tasting license.

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

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

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

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

(d) An individual may consume liquor at a liquor tasting in a quantity of not more than:

(1) one–half ounce from each offering of liquor; and

(2) five offerings in 1 day.

(e) A license is valid for not more than 52 days a year and may be used on consecutive or nonconsecutive days.

(f) The annual license fee is $100.
Md. Code, Alcoholic Beverages and Cannabis § 16-1901 — MD Code / Article gab / Title 16 / Subtitle 19 / Section 16-1901
§16–1901.
Status: in_force

(a) The following sections of Title 4, Subtitle 5 (“Conduct of Local License Holders”) of Division I of this article apply in the county without exception or variation:

(1) § 4–502 (“Storage of alcoholic beverages”);

(2) § 4–503 (“Solicitations and sales outside of licensed premises”);

(3) § 4–506 (“Evidence of purchaser’s age”);

(4) § 4–507 (“Retail delivery of alcoholic beverages”); and

(5) § 4–508 (“Display of license”).

(b) The following sections of Title 4, Subtitle 5 (“Conduct of Local License Holders”) of Division I of this article apply in the county:

(1) § 4–504 (“Employment of underage individuals”), subject to § 16–1902 of this subtitle; and

(2) § 4–505 (“Alcohol awareness program”), subject to § 16–1904 of this subtitle.
Md. Code, Environment § 16-302 — MD Code / Article gen / Title 16 / Subtitle 3 / Section 16-302
§16–302.
Status: in_force

(a) To promote the public safety, health, welfare, wildlife, and marine fisheries, the Secretary may adopt regulations governing dredging, filling, removing, or otherwise altering or polluting private wetlands. The regulations may vary as to specific tracts of wetlands because of the character of the wetlands.

(b) The regulations shall be adopted with the advice and consent of the Maryland Agricultural Commission, and in consultation with any appropriate unit in the affected political subdivision.

(c) The Secretary shall transmit a copy of any proposed regulations to the Maryland Agricultural Commission. Within 60 days from the receipt of the copy, the Maryland Agricultural Commission shall inform the Secretary of the Commission’s decision as to the acceptance or rejection of the regulations. Failure to so inform the Secretary shall be considered approval of the regulations by the Commission.
Md. Code, Insurance § 16-210 — MD Code / Article gin / Title 16 / Subtitle 2 / Section 16-210
§16–210.
Status: reserved

(a) Each policy of life insurance shall contain a provision that, subject to subsection (b) of this section, a policy of industrial life insurance will be reinstated within 2 years and any other policy of life insurance will be reinstated within 3 years after the due date of the first premium in default on:

(1) written application for reinstatement;

(2) the production of evidence of insurability satisfactory to the insurer; and

(3) the payment of all premiums in arrears and the payment or reinstatement of any other indebtedness to the insurer on the policy, with interest on the premiums and other indebtedness at a specified rate not exceeding an effective rate of 6% per year compounded annually.

(b) The policy shall provide that reinstatement is not allowed if:

(1) the policy has been surrendered for its cash surrender value;

(2) the cash surrender value of the policy has been exhausted because of policy indebtedness; or

(3) any paid-up term insurance has expired.
Md. Code, Insurance § 16-117 — MD Code / Article gin / Title 16 / Subtitle 1 / Section 16-117
§16–117.
Status: in_force

(a) In this section, “retained asset account” means any mechanism whereby the settlement of proceeds payable under a life insurance policy or an annuity contract is accomplished by the insurer or an entity acting on behalf of the insurer depositing the proceeds into a checking or draft account, where those proceeds are retained by the insurer in accordance with a supplementary contract.

(b) An insurer may not offer a retained asset account as the mode of settlement of the proceeds payable under a life insurance policy or an annuity contract unless the insurer:

(1) offers the beneficiary at least one other mode of settlement of proceeds; and

(2) complies with the provisions of subsections (c) and (d) of this section.

(c) Except as provided in subsection (e) of this section, when a beneficiary files a claim for proceeds, if one of the settlement options is a retained asset account, the insurer shall disclose in writing to the beneficiary all the settlement options available under the policy or contract.

(d) (1) Except as provided in subsection (e) of this section, if an insurer offers to a beneficiary a retained asset account as a settlement option, the insurer shall provide to the beneficiary in writing:

(i) a recommendation to consult a tax advisor, an investment advisor, or any other financial advisor regarding tax liability and investment options;

(ii) an explanation of the features of the retained asset account, including:

1. the method used to determine interest rates applied to the retained asset account, when and how interest rates may change, and any dividends and other gains that may be paid or distributed to the account holder;

2. the custodian of the funds or assets of the retained asset account;

3. whether the funds in the retained asset account are guaranteed by the Federal Deposit Insurance Corporation (FDIC) and the amount of the coverage, if any;

4. the limitations, if any, on the numbers and amounts of withdrawals of funds from the retained asset account or investment, including any minimum or maximum withdrawal amounts;

5. the services provided for a fee, including a list of the fees or the method of their calculation;

6. the nature and frequency of statements of account;

7. a statement that the obligation of the insurer to pay the total policy or contract proceeds is satisfied by depositing the total proceeds in the retained asset account;

8. a statement that the entire proceeds are available to the account holder by the use of one check, draft, or other instrument;

9. a statement that the insurer or a related party may derive income, in addition to any fees charged on the retained asset account, from the total gains received on the investment of the balance of funds in the retained asset account; and

10. the telephone number, address, and other contact information, including Web site address, for obtaining additional information regarding the retained asset account; and

(iii) the statement “For further information, please contact your state insurance department”.

(2) The information required under paragraph (1) of this subsection shall be in easy to read language.

(e) An insurer is not required to provide the disclosures or information specified in subsections (c) and (d) of this section if:

(1) the insurer permits the beneficiary to file the claim over the telephone;

(2) the insurer does not require the beneficiary to file a death certificate or other paperwork to file the claim for proceeds; and

(3) the beneficiary selects payment of a lump sum check, payable directly to the beneficiary, as the settlement option during the telephone call in which the beneficiary files the claim for proceeds.

(f) Failure to meet any requirement of this section is an unfair trade practice and a violation of Title 27 of this article.
Md. Code, Transportation § 16-206.1 — MD Code / Article gtr / Title 16 / Subtitle 2 / Section 16-206.1
§16–206.
Status: in_force

§16–206.1.

(a) Subject to the provisions of subsection (b) of this section, on receipt of notice described under § 7-104(h) of the Criminal Law Article that an individual licensed in the State has been convicted of a violation under § 7-104 of the Criminal Law Article for a failure to pay for motor fuel after the motor fuel was dispensed into a vehicle, the Administration:

(1) For a first violation, may suspend the individual’s license for up to 30 days; and

(2) For a second or subsequent violation, shall suspend the individual’s license for 30 days.

(b) Subject to the provisions of Title 12, Subtitle 2 of this article, a licensee may request a hearing on a suspension under this section.
Md. Code, Health Occupations § 16-304 — MD Code / Article gho / Title 16 / Subtitle 3 / Section 16-304
§16–304.
Status: in_force

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

(b) The Board shall administer examinations on the Board’s statute and regulations to applicants at least twice a year.

(c) The Board shall notify each qualified applicant of the requirements of the examination.

(d) For examinations administered under subsection (b) of this section, the Board shall:

(1) Provide the books and forms necessary to conduct the examinations;

(2) Conduct the examinations in writing; and

(3) Except as otherwise provided in this subsection, determine the scope, form, and passing score for the examinations.

(e) The Board shall act on each examination promptly.
Md. Code, Education § 16-608 — MD Code / Article ged / Title 16 / Subtitle 6 / Section 16-608
§16–608.
Status: in_force

The president of the College shall:

(1) Report directly to the Board of Trustees;

(2) Recommend the appointment by the Board of Trustees of qualified faculty members and other employees necessary for the efficient administration of the College;

(3) Recommend the discharge of employees for good cause, provided that any employee with tenure shall be given reasonable notice of the grounds for dismissal and an opportunity to be heard;

(4) Be responsible for the conduct of the College and for the administration and supervision of its departments; and

(5) Attend all meetings of the Board of Trustees, except those involving the position of president.
Md. Code, Environment § 16-205 — MD Code / Article gen / Title 16 / Subtitle 2 / Section 16-205
§16–205.
Status: in_force

(a) The Board may require as a condition to issuance of a wetlands license that compensation be made to the State, of a kind and in an amount deemed appropriate by the Board.

(b) (1) The Board shall establish a compensation rate for cables, pipelines, or similar structures in accordance with this subsection.

(2) The minimum compensation rate:

(i) Is $2.50 per linear foot per year for cables, pipelines, or similar structures;

(ii) Applies to each individual cable, pipeline, or similar structure; and

(iii) Applies to all new and existing authorizations beginning July 2, 2012.

(3) The Board may:

(i) Increase the compensation rate as considered appropriate; and

(ii) Adjust the compensation rate to reflect changes in the Consumer Price Index as published by the Bureau of Labor Statistics of the U.S. Department of Labor or by an appropriate method selected by the Board.

(c) (1) The Board shall establish an annual compensation rate for nonwater–dependent projects authorized under § 16–104(b)(2) of this title.

(2) The Board shall assess an annual compensation rate for a nonwater–dependent project that is:

(i) Based on the most recent data provided by the State Department of Assessments and Taxation in the assessment record for the real property to which the nonwater–dependent project is attached; and

(ii) Computed by:

1. Multiplying the total square footage of the nonwater–dependent project by a fraction, the denominator of which is the total square footage of the land area of the real property to which the nonwater–dependent project is attached, and the numerator of which is the assessed land value of the real property to which the nonwater–dependent project is attached; and

2. Multiplying the rate calculated under item 1 of this item by a percentage considered appropriate by the Board not to exceed 100%.

(3) In determining the appropriate percentage under paragraph (2)(ii)2 of this subsection, the Board may consider:

(i) The extent to which the nonwater–dependent project is used on a seasonal or year–round basis;

(ii) The extent of the economic impact of the nonwater–dependent project on the local jurisdiction;

(iii) The nature and extent of the environmental impact of the nonwater–dependent project;

(iv) The extent to which the nonwater–dependent project and, if applicable, its roof or covering, are permanent or temporary;

(v) Any history of violation of this title by the licensee;

(vi) Any real property lease rates for the area for a commercial activity similar to the licensee’s or any real property appraisals obtained by the licensee; and

(vii) Any other factor that the Board considers relevant.

(4) The Board may periodically recalculate the annual compensation rate to reflect:

(i) Any change to the data provided by the State Department of Assessments and Taxation under paragraph (2)(i) of this subsection; or

(ii) A change in any factor the Board considers under paragraph (3) of this subsection.

(d) Monetary compensation received by the State in conjunction with a wetlands license may not be applied to the State Annuity Bond Fund Account.

(e) (1) There is created a special fund, known as the Tidal Wetlands Compensation Fund.

(2) The following money shall be deposited in the Tidal Wetlands Compensation Fund:

(i) Any monetary payment by a licensee in lieu of creating, restoring, or enhancing tidal wetlands that is required by the Department or the Board as a condition of a permit or license;

(ii) Any penalty imposed by a court in accordance with this title; and

(iii) Any penalty imposed by the Department under this title.

(f) Funds in the Tidal Wetlands Compensation Fund may be appropriated only for the creation, restoration, or enhancement of tidal wetlands, including:

(1) Acquisition of land or easements;

(2) Maintenance of mitigation sites;

(3) Purchase of credits in mitigation banks;

(4) Management of invasive or nuisance species identified by the Department;

(5) Cost sharing assistance to landowners in the management and control of phragmites under Title 8, Subtitle 21 of the Natural Resources Article; and

(6) Contractual services necessary to accomplish the intent of this subsection.

(g) Funds credited and any interest accrued to the Fund:

(1) Shall remain available until expended; and

(2) May not revert to the General Fund under any other provision of law.

(h) All monetary compensation paid to the State in conjunction with a wetlands license other than that specified under subsection (e)(2) of this section shall be deposited in the Wetlands and Waterways Program Fund established under § 5–203.1 of this article.
Md. Code, Business Occupations and Professions § 16-507 — MD Code / Article gbo / Title 16 / Subtitle 5 / Section 16-507
§16–507.
Status: in_force

(a) Subject to the provisions of this section, the Commission may waive the examination requirements of this subtitle for an individual who is certified to provide certified real estate appraisal services in another state.

(b) The Commission may grant a waiver under this section only if the applicant:

(1) pays to the Commission the application fee set by the Commission under § 16–505 of this subtitle; and

(2) provides adequate evidence that the applicant:

(i) is certified by a state that is in compliance with Title XI of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as determined by the Appraisal Subcommittee of the federal Financial Institutions Examinations Council;

(ii) holds a valid certificate issued by that state; and

(iii) was certified in the other state after meeting, in that state, requirements that are substantially equivalent to or exceed the certification requirements of this State.
Md. Code, Business Regulation § 16-608 — MD Code / Article gbr / Title 16 / Subtitle 6 / Section 16-608
§16–608.
Status: in_force

§16–608. IN EFFECT

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

(a) (1) A manufacturer or other person that knowingly sells or offers for sale cigarettes other than by retail sale in violation of § 16–602 of this subtitle is subject to a civil penalty not to exceed $100 for each package of cigarettes sold or offered for sale.

(2) Under this subsection, a total amount of civil penalties imposed on a manufacturer or other person may not exceed $100,000 during any 30–day period.

(b) (1) Except as provided in paragraphs (2) and (3) of this subsection, a retailer, subwholesaler, wholesaler, or other person that knowingly sells cigarettes in violation of § 16–602 of this subtitle is subject to a civil penalty not to exceed $100 for each package of cigarettes sold.

(2) Under this subsection, a total amount of civil penalties imposed on a retailer may not exceed $25,000 during any 30–day period.

(3) Under this subsection, a total amount of civil penalties imposed on a subwholesaler, wholesaler, or other person may not exceed $100,000 during any 30–day period.

(c) A manufacturer that knowingly makes a false certification under § 16–603 of this subtitle is subject to a civil penalty of at least $75,000 and not exceeding $250,000 for each false certification.
Md. Code, Environment § 16-304 — MD Code / Article gen / Title 16 / Subtitle 3 / Section 16-304
§16–304.
Status: in_force

Notwithstanding any regulation adopted by the Secretary to protect private wetlands, the following uses are lawful on private wetlands:

(1) Conservation of soil, vegetation, water, fish, shellfish, and wildlife;

(2) Trapping, hunting, fishing, and catching shellfish, if otherwise legally permitted;

(3) Exercise of riparian rights to improve land bounding on navigable water, to preserve access to the navigable water, or to protect the shore against erosion;

(4) Reclamation of fast land owned by a natural person and lost during the person’s ownership of the land by erosion or avulsion to the extent of provable preexisting boundaries. The right to reclaim lost fast land relates only to fast land lost after January 1, 1972. The burden of proof that the loss occurred after this date is on the owner of the land;

(5) Routine maintenance and repair of existing bulkheads, provided that there is no addition or channelward encroachment; and

(6) Installing a pump, a pipe, or any other equipment attached to a pier for the cultivation of shellfish seed in a shellfish nursery under a permit issued by the Department of Natural Resources under § 4–11A–23 of the Natural Resources Article, provided that the pump, pipe, or other equipment does not require increasing the length, width, or channelward encroachment of the pier.
Md. Code, Land Use § 16-219 — MD Code / Article glu / Title 16 / Subtitle 2 / Section 16-219
§16–219.
Status: in_force

(a) This section applies to the expression of any personal view, argument, or opinion or the making of any personal statement that:

(1) (i) publicizes the fact of a representational election and encourages employees to exercise their right to vote in the election;

(ii) corrects the record with respect to any false or misleading statement made by any person; or

(iii) informs employees of the Commission’s policy relating to labor–management relations and representation;

(2) does not contain a threat of reprisal or force, or a promise of benefit; and

(3) was not coerced.

(b) The expression of any personal view, argument, opinion, or statement described in subsection (a) of this section does not constitute:

(1) an unfair labor practice under this subtitle; or

(2) grounds for setting aside any election conducted under this subtitle.
Md. Code, Housing and Community Development § 16-209 — MD Code / Article ghs / Title 16 / Subtitle 2 / Section 16-209
§16–209.
Status: in_force

(a) (1) The Montgomery Commission shall provide annually to the county government an audit of each housing project financed by bonds guaranteed by the county.

(2) The audit shall be done by:

(i) an independent certified public accountant licensed by the State; or

(ii) a firm of independent certified public accountants licensed by the State.

(3) The accountant or firm of accountants shall provide appropriate certified financial statements and a management letter on the financial soundness of the housing project.

(b) The county government may undertake financial and compliance audits on housing projects financed by bonds guaranteed under this subtitle.
Md. Code, Land Use § 16-318 — MD Code / Article glu / Title 16 / Subtitle 3 / Section 16-318
§16–318.
Status: in_force

If the expression does not contain a threat of reprisal or force, a promise of benefit, or a misrepresentation of fact, an expression of any view, argument, or opinion, whether oral or in written, printed, graphic, or visual form, does not constitute an unfair labor practice under this subtitle.
Md. Code, Business Regulation § 16-304 — MD Code / Article gbr / Title 16 / Subtitle 3 / Section 16-304
§16–304.
Status: in_force

A county license expires on the first anniversary of its effective date.
Md. Code, Criminal Procedure § 16-208 — MD Code / Article gcp / Title 16 / Subtitle 2 / Section 16-208
§16–208.
Status: in_force

(a) (1) Subject to the authority and supervision of the Public Defender, each district public defender shall maintain a confidential list of private attorneys available to be appointed as attorneys for indigent individuals eligible for representation under this title.

(2) Each attorney on the list shall be:

(i) admitted to practice law in the State; and

(ii) placed on various panels in accordance with qualification criteria that the Public Defender sets forth, based on:

1. the nature and complexity of the offense requiring representation;

2. the trial or appellate experience of the attorney; and

3. any other factor necessary to ensure competent representation.

(b) (1) Except in cases in which an attorney in the Office provides representation, the district public defender, subject to the supervision of the Public Defender, shall appoint an attorney from an appropriate panel to represent an indigent individual.

(2) Panel attorneys shall be used as much as practicable.

(c) (1) The primary duty of a panel attorney is to the indigent individual represented by the panel attorney with the same effect and purpose as though privately engaged by that individual and without regard to the use of public funds to provide the service.

(2) A panel attorney shall report to the Office as the regulations of the Public Defender require.

(3) This subsection does not preclude the designation or assignment of different individuals to perform various parts of the service.

(d) (1) A panel attorney shall file a petition to be compensated by the Public Defender for fees and expenses incident to representing indigent individuals, including investigation, other pretrial preparation, trial, and appeal.

(2) The Office shall authorize payment of fees and expenses according to schedules prepared under § 16–207(b)(2) of this subtitle and from funds appropriated by the State budget.

(3) A panel attorney may not receive a fee for services in addition to that provided in accordance with this title.

(4) To be compensated for fees or expenses that the Public Defender disapproves or that exceed those authorized for payment, a panel attorney may seek a review by a regional advisory board.

(5) All fees and expenses paid to panel attorneys, including any authorized by a regional advisory board, shall be paid out of funds appropriated by the State budget.

(e) The Office may provide staff and technical assistance to a panel attorney appointed to represent an indigent individual.
Md. Code, Alcoholic Beverages and Cannabis § 16-2601 — MD Code / Article gab / Title 16 / Subtitle 26 / Section 16-2601
§16–2601.
Status: in_force

(a) The following sections of Title 6, Subtitle 2 (“Enforcement”) of Division I of this article apply in the county without exception or variation:

(1) § 6–202 (“Inspections”);

(2) § 6–203 (“Use of equipment to measure quantity and quality of alcoholic beverages”);

(3) § 6–204 (“Power to summon witnesses”);

(4) § 6–205 (“Peace officers”);

(5) § 6–206 (“Charging document for unlawful sale of alcoholic beverage”);

(6) § 6–207 (“Display of alcoholic beverages as prima facie evidence of sale”);

(7) § 6–208 (“Regulating possession or consumption of alcohol in public places”);

(8) § 6–209 (“Adoption of standards for authorization of consumption”); and

(9) § 6–210 (“State preemption of local disorderly intoxication laws”).

(b) Section 6–211 (“Fines and forfeitures”) of Division I of this article applies in the county, subject to § 16–2603 of this subtitle.
Md. Code, Education § 16-311 — MD Code / Article ged / Title 16 / Subtitle 3 / Section 16-311
§16–311.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, this section applies to every contract for any building, improvement, equipment, or supplies.

(2) This section does not apply to:

(i) The purchase of books or other materials for instruction;

(ii) Emergency repairs;

(iii) Any contract or purchase made by a county for a community college under procedures authorized by the county charter or an act of the General Assembly; or

(iv) Any contract or purchase that qualifies as a “small procurement” as defined in the State Procurement Regulations.

(b) At the discretion of the procurement officer, the following procurement methods are authorized where applicable:

(1) Competitive sealed bids under subsection (c) of this section;

(2) Competitive sealed proposals under § 16–313 of this subtitle;

(3) Sole source procurement under § 16–314 of this subtitle; or

(4) Noncompetitive negotiation under § 16–314.1 of this subtitle.

(c) (1) The board of trustees may provide for procurement by competitive sealed bids in accordance with this subsection.

(2) (i) Whenever procurement is based on competitive sealed bids, the board of trustees, or its designee, shall seek bids by issuing an invitation for bids.

(ii) The board of trustees, at least 2 weeks before bids are to be filed, shall advertise for bids in at least one newspaper published in the county or in eMaryland Marketplace, in accordance with Title 17, Subtitle 5 of the State Finance and Procurement Article.

(iii) The board of trustees may name in the specifications and advertisements for bids the particular make, kind, or brand of article to be contracted for or purchased.

(3) The board of trustees of each community college may provide for the prequalification of persons as prospective responsible bidders for procurements other than leases of real property.

(4) If a board of trustees uses a prequalification procedure for awarding a procurement contract:

(i) A person who is not prequalified may submit a bid or proposal; and

(ii) After bid opening or receipt of proposals and before awarding the procurement contract, a procurement officer may determine that:

1. A person who was not prequalified at the time of bid opening or receipt of proposals is a responsible bidder; or

2. A prequalified person is not a responsible bidder.

(5) Except as provided in paragraph (7) of this subsection, the contract shall be awarded to the lowest responsible bidder, who conforms to the specifications, with consideration given to:

(i) The quantities involved;

(ii) The time required for delivery;

(iii) The purpose for which required;

(iv) The competence and responsibility of the bidder; and

(v) The ability of the bidder to perform the contract satisfactorily.

(6) The board of trustees may reject any and all bids and readvertise for other bids.

(7) (i) In this paragraph, the term “minority business enterprise” has the meaning stated in § 14–301 of the State Finance and Procurement Article.

(ii) In Montgomery County, by resolution and by implementing rules and regulations, the Board of Trustees of Montgomery Community College shall establish a mandatory minority business utilization program to facilitate the participation of responsible certified minority business enterprises in contracts awarded by the Board of Trustees of Montgomery Community College in accordance with competitive bidding requirements.

(d) A contract entered into or purchase made in violation of this section is void.
Md. Code, Insurance § 16-208 — MD Code / Article gin / Title 16 / Subtitle 2 / Section 16-208
§16–208.
Status: in_force

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

(2) “Policy” includes:

(i) a certificate issued by a fraternal benefit society that provides for policy loans; and

(ii) an annuity contract that provides for policy loans.

(3) “Policyholder” includes:

(i) the owner of a policy; and

(ii) the person designated to pay premiums as shown on the records of the life insurer.

(4) “Policy loan” includes any premium loan made under a policy to pay one or more premiums that were not paid to the life insurer as the premiums fell due.

(5) “Published monthly average” means:

(i) Moody’s corporate bond yield average - monthly average corporates as published by Moody’s Investors Service, Inc. or its successor; or

(ii) if the Moody’s corporate bond yield average - monthly average corporates is not published, a substantially similar average that the Commissioner establishes by regulation.

(b) Each policy of life insurance issued on or after July 1, 1983, shall contain a provision that:

(1) allows a maximum interest rate on a policy loan, including the interest rate charge on reinstatement of a policy loan during and after any lapse of a policy, not exceeding an effective rate of 8% per year; or

(2) allows an adjustable maximum annual interest rate on a policy loan, including the interest rate charge on reinstatement of a policy loan during and after any lapse of a policy, set by the insurer as allowed by law not exceeding the greater of:

(i) the published monthly average for the calendar month ending 2 months before the date the rate is determined; or

(ii) the annual rate used to calculate the cash surrender values under the policy during the applicable period plus 1%.

(c) (1) If the maximum rate of interest is determined under subsection (b)(2) of this section, the policy shall include provisions that disclose the frequency at which the rate will be determined for the policy.

(2) The maximum annual interest rate for each policy with an adjustable policy loan interest rate must be determined at regular intervals at least once every 12 months, but not more than once in any 3-month period.

(d) For a policy with an adjustable policy loan interest rate, at the intervals specified in the policy:

(1) the interest rate may be increased if the calculation under subsection (b)(2) of this section would increase the annual rate by at least 0.5%; and

(2) the interest rate shall be reduced if the calculation under subsection (b)(2) of this section would reduce the annual rate by at least 0.5%.

(e) (1) This subsection applies only to a policy with an adjustable policy loan interest rate.

(2) When a cash loan is made, the life insurer shall notify the policyholder of the beginning annual interest rate on the loan.

(3) When a premium loan is made, the life insurer shall notify the policyholder as soon as is reasonably practical after making the initial loan of the beginning annual interest rate on the loan.

(4) The life insurer shall give reasonable advance notice to policyholders with outstanding loans of any increase in interest rates.

(5) The notices required under this subsection shall include the substance of the relevant provisions of subsections (b) and (c)(2) of this section.

(f) (1) This subsection applies only to a policy with an adjustable policy loan interest rate.

(2) The loan value of the policy shall be determined under Subtitle 3 of this title.

(3) A policy may not terminate during a policy year solely as the result of a change in the interest rate during the policy year.

(4) The life insurer shall maintain coverage during the policy year until the time that the policy would otherwise have terminated had there been no change in interest rate during the policy year.

(g) Unless made specifically applicable to policy loan interest rates, other provisions of law do not apply to policy loan interest rates.

(h) On request, a life insurer shall notify the policyholder each year of the cash value of the policy for the current policy year.

(i) A life insurer that offers policies with an adjustable policy loan interest rate shall establish a written pricing or dividend policy that provides that the policyholders shall receive the benefits from increased earnings of the insurer that result from the use of an adjustable rate by receiving higher dividends, higher cash values, lower premiums, or a combination of benefits.
Md. Code, Agriculture § 16-110 — MD Code / Article gag / Title 16 / Subtitle 1 / Section 16-110
§16–110.
Status: in_force

§16–110. ** CONTINGENCY – IN EFFECT – CHAPTER 131 OF 2019 **

(a) The Secretary may:

(1) Issue a subpoena to compel testimony or the production of any record required to be kept under § 16–104 of this title; and

(2) File a petition in a court of competent jurisdiction for an order of contempt against a person that, without lawful excuse, fails to obey the subpoena.

(b) (1) The Secretary may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter a private premises to conduct any inspection required or authorized by law to determine compliance with the requirements of the Program.

(2) An application for an administrative search warrant under this section shall:

(i) Be in writing;

(ii) Be verified by the applicant; and

(iii) Describe the premises to be searched and the nature, scope, and purpose of the search.

(3) A judge who receives an application for an administrative search warrant may issue a warrant on a finding that:

(i) The scope of the proposed search is reasonable; and

(ii) A request to enter the premises has otherwise been denied.

(4) (i) An administrative search warrant issued under this section shall specify the location of the premises to be searched.

(ii) A search conducted in accordance with an administrative search warrant issued under this section may not exceed the limits specified in the warrant.

(5) An administrative search warrant issued under this section shall be executed and returned to the issuing judge:

(i) Within the period specified in the warrant, which may not exceed 30 days after the date of issuance; or

(ii) Within 15 days after the date of issuance, if no period is specified in the warrant.
Md. Code, Alcoholic Beverages and Cannabis § 16-1201 — MD Code / Article gab / Title 16 / Subtitle 12 / Section 16-1201
§16–1201.
Status: in_force

(a) There is a Class H caterer’s beer, wine, and liquor license.

(b) The Board may issue the license to the owner or operator of a catering establishment that has:

(1) one or more banquet rooms suitable for public gatherings; and

(2) food preparation facilities on the premises.

(c) The license authorizes a holder to:

(1) contract with a sponsor of a public or private event to:

(i) provide food and alcoholic beverages; or

(ii) provide food and allow patrons to bring personal alcoholic beverages onto the premises of the license holder for consumption at a catered event; and

(2) sell alcoholic beverages at retail at the premises described in the license for on–premises consumption.

(d) (1) The annual license fee is equal to the fee for a Class B beer, wine, and liquor license as provided in § 16–902 of this title.

(2) The Board may not issue the license before payment of the fee is received by the Board.

(e) A hotel or restaurant that holds a Class B restaurant or hotel beer, wine, and liquor license is not required to obtain a Class H caterer’s license if catering is or has been a part of the services provided by the holder of the Class B license.
Md. Code, Transportation § 16-205.2 — MD Code / Article gtr / Title 16 / Subtitle 2 / Section 16-205.2
§16–205.
Status: in_force

§16–205.2.

(a) A police officer who has reasonable grounds to believe that an individual is or has been driving or attempting to drive a motor vehicle while under the influence of alcohol or while impaired by alcohol may, without making an arrest and prior to the issuance of a citation, request the individual to submit to a preliminary breath test to be administered by the officer using a device approved by the toxicologist in the Department of State Police Forensic Sciences Division.

(b) The police officer requesting the preliminary breath test shall advise the person to be tested that neither a refusal to take the test nor the taking of the test shall prevent or require a subsequent chemical test pursuant to § 16-205.1 of this subtitle.

(c) The results of the preliminary breath test shall be used as a guide for the police officer in deciding whether an arrest should be made and may not be used as evidence by the State in any court action. The results of the preliminary breath test may be used as evidence by a defendant in a court action. The taking of or refusal to submit to a preliminary breath test is not admissible in evidence in any court action. Any evidence pertaining to a preliminary breath test may not be used in a civil action.

(d) Refusal to submit to a preliminary breath test shall not constitute a violation of § 16-205.1 of this subtitle and the taking of a preliminary breath test shall not relieve the individual of the obligation to take the test required under § 16-205.1 of this subtitle if requested to do so by the police officer.
Md. Code, Commercial Law § 16-401 — MD Code / Article gcl / Title 16 / Subtitle 4 / Section 16-401
§16–401.
Status: in_force

(a) The owner or operator of a livery stable or other establishment who gives care or custody to any livestock has a lien on the livestock for any reasonable charge incurred for:

(1) Board and custody;

(2) Training;

(3) Veterinarians’ and blacksmiths’ services; and

(4) Other proper maintenance expenses.

(b) If the charges which give rise to the lien are due and unpaid for 30 days and the lienor is in possession of the livestock, the lienor may sell the livestock to which the lien attaches at public sale.

(c) (1) The lienor shall publish notice of the sale once a week for two successive weeks in one or more newspapers of general circulation in the county where the livestock is located.

(2) In addition, the lienor shall send notice by registered or certified mail at least 30 days before the sale to the owner of the livestock at his last known address. If the owner’s address is unknown, the notice may be given by posting it on the door of the courthouse or on a bulletin board in the immediate vicinity of the door of the courthouse of the county where the livestock is located.

(d) (1) The proceeds of the sale shall be applied, in the following order, to:

(i) The expenses of the sale; and

(ii) The amount of the lien claim.

(2) After application of the proceeds in accordance with paragraph (1) of this subsection, any remaining balance shall be paid to the owner of the livestock.
Md. Code, Insurance § 16-306 — MD Code / Article gin / Title 16 / Subtitle 3 / Section 16-306
§16–306.
Status: in_force

On default of a premium payment due on a policy anniversary, the present value of any paid-up nonforfeiture benefit available under the policy, calculated as of that policy anniversary:

(1) shall at least equal the cash surrender value provided under the policy, calculated as of that policy anniversary; or

(2) if no cash surrender value is provided, shall equal the cash surrender value that would have been required under this subtitle absent a condition that premiums shall have been paid for at least a specified period.
Md. Code, Business Regulation § 16-301 — MD Code / Article gbr / Title 16 / Subtitle 3 / Section 16-301
§16–301.
Status: in_force

Whenever a person sells cigarettes at retail in a county, the person must have a county license for:

(1) each place of business; and

(2) each vending machine, if the applicant sells cigarettes through a vending machine.
Md. Code, Health - General § 16-208 — MD Code / Article ghg / Title 16 / Subtitle 2 / Section 16-208
§16–208.
Status: in_force

As far as practical, the rules and regulations enforcing this subtitle shall be applied uniformly to all individuals who receive services under programs that either are operated by the Department or supported wholly or partly by State or federal funds administered by the Department.
Md. Code, Alcoholic Beverages and Cannabis § 16-604 — MD Code / Article gab / Title 16 / Subtitle 6 / Section 16-604
§16–604.
Status: in_force

(a) There is a Class D beer license.

(b) (1) Subject to paragraph (2) of this subsection, the license authorizes the license holder to sell beer at retail:

(i) at the place described in the license for on–premises consumption; and

(ii) at the discretion of the board, for off–premises consumption.

(2) A license may not be issued for a drugstore.

(c) The annual license fee is $250.
Md. Code, Transportation § 16-810 — MD Code / Article gtr / Title 16 / Subtitle 8 / Section 16-810
§16–810.
Status: in_force

(a) Each application for a commercial driver’s license or commercial driver’s instructional permit shall be made on the form the Administration requires.

(b) In addition to the information specified by § 16-106 of this title, each application shall contain:

(1) The applicant’s Social Security number;

(2) A consent to release a complete driving record to any employer or prospective employer;

(3) Certifications and information required by federal regulation; and

(4) Any other pertinent information that the Administration requires.

(c) Under penalty of perjury, the applicant shall sign the application and certify that the statements made are true and correct to the best of his knowledge, information, and belief.

(d) When a licensee changes the licensee’s name, mailing address, or residence, an application for a corrected license shall be submitted to the Administration within 30 days.

(e) Within 30 days after establishing a residence in this State, the holder of a commercial driver’s license shall apply for a commercial driver’s license in this State.
Md. Code, State Finance and Procurement § 16-307 — MD Code / Article gsf / Title 16 / Subtitle 3 / Section 16-307
§16–307.
Status: in_force

(a) A business is debarred from entering into a contract with a public body if the Board debars:

(1) an officer, director, controlling shareholder, or partner; or

(2) an employee directly involved in the process of obtaining contracts with public bodies.

(b) The business is debarred under subsection (a) of this section to the same extent as the person debarred by the Board.

(c) A business shall remain debarred under this section:

(1) as long as the debarred person remains with the business in any capacity described in subsection (a) of this section; or

(2) until the debarment is removed under § 16-310 of this subtitle.

(d) The Board shall notify in writing any business that it is debarred under this section.
Md. Code, Transportation § 16-209 — MD Code / Article gtr / Title 16 / Subtitle 2 / Section 16-209
§16–209.
Status: in_force

(a) On filing an application for a new license or for reinstatement of the privilege to drive, any individual whose license or privilege to drive has been revoked shall pay to the Administration a fee established by the Administration.

(b) If the applicant’s license was revoked as a result of a conviction under § 21–902 of this article or a violation of an alcohol restriction, the applicant shall pay a fee established by the Administration in addition to the amount charged under subsection (a) of this section.
Md. Code, Education § 16-109 — MD Code / Article ged / Title 16 / Subtitle 1 / Section 16-109
§16–109.
Status: in_force

Each community college shall:

(1) Ensure all student advisors are trained on the unique needs and resources available for students who are veterans;

(2) Employ at least one employee who, as a component of the employee’s job duties and responsibilities, provides comprehensive and intensive enrollment and advising services to current and prospective students who are veterans; and

(3) Establish a veterans resource center on campus to:

(i) Provide access to federal and State veterans resources;

(ii) Serve as a quiet place for veterans to study;

(iii) Enable veterans to connect to other veterans, helping them renew the bonds of service; and

(iv) Be the central hub for all activities on campus related to veterans.
Md. Code, Land Use § 16-108 — MD Code / Article glu / Title 16 / Subtitle 1 / Section 16-108
§16–108.
Status: in_force

(a) If the board determines that the testimony of a witness is appropriate for the proper consideration of a case before the board, the board may issue a subpoena to the witness to appear at a proceeding the board conducts in accordance with this subtitle.

(b) If a person fails to comply with a subpoena issued under this section, the board may petition a court of competent jurisdiction to compel compliance with the subpoena.
Md. Code, Commercial Law § 16-209 — MD Code / Article gcl / Title 16 / Subtitle 2 / Section 16-209
§16–209.
Status: in_force

The remedies provided in this subtitle for enforcing a lien do not:

(1) Preclude use of any other remedy allowed by law for enforcement of a lien against personal property; or

(2) Bar a right to recover any part of the lienor’s claim that is not paid by proceeds from the sale of the property subject to the lien.
Md. Code, Business Regulation § 16-302 — MD Code / Article gbr / Title 16 / Subtitle 3 / Section 16-302
§16–302.
Status: in_force

(a) For each county license, an applicant shall:

(1) submit an application to the clerk; and

(2) pay to the clerk a license fee of $300.

(b) (1) From each license fee collected under subsection (a) of this section, the clerk shall distribute:

(i) $25 to the Executive Director;

(ii) in Montgomery County, $275 to the county to be used to enforce existing laws banning the sale or distribution of tobacco, tobacco products, or electronic smoking devices, as defined in § 16.7–101 of this article, to individuals under the age of 21 years; and

(iii) in all other counties, $275 to the Maryland Department of Health to be used by the Department or its designee to enforce existing laws prohibiting the sale or distribution of tobacco, tobacco products, or electronic smoking devices, as defined in § 16.7–101 of this article, to individuals under the age of 21 years.

(2) Funds distributed under paragraph (1)(ii) of this subsection may not be used to supplant existing funding for the enforcement of laws banning the sale or distribution of tobacco or tobacco products to individuals under the age of 21 years.
Md. Code, Health Occupations § 16-404 — MD Code / Article gho / Title 16 / Subtitle 4 / Section 16-404
§16–404.
Status: in_force

If a podiatrist is engaged in the private practice of podiatry in this State, the podiatrist shall display the notice developed under § 1-207 of this article conspicuously in each office where the podiatrist is engaged in practice.
Md. Code, Education § 16-303 — MD Code / Article ged / Title 16 / Subtitle 3 / Section 16-303
§16–303.
Status: in_force

(a) Notwithstanding any other provision of law, a lease purchase agreement entered into by the Board of Community College Trustees for Howard County, Montgomery County, or Prince George’s County prior to October 1, 1992 shall be deemed authorized under § 16-302 of this subtitle, if the lease purchase agreement satisfies the requirements of § 16-302 of this subtitle.

(b) Notwithstanding any other provision of law, a lease purchase agreement entered into by the Board of Community College Trustees for Allegany County, Anne Arundel County, Baltimore County, Carroll County, Cecil County, or Frederick County or the Board of Trustees of Chesapeake College before June 1, 1997 shall be deemed authorized under § 16-302 of this subtitle, if the lease purchase agreement satisfies the requirements of § 16-302 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 16-2004 — MD Code / Article gab / Title 16 / Subtitle 20 / Section 16-2004
§16–2004.
Status: in_force

(a) A holder of a Class A beer and wine license may sell or provide beer and wine on Monday through Sunday from 8 a.m. to 11 p.m.

(b) (1) A holder of a 6–day Class B beer and wine license may sell or provide beer and wine for on–premises consumption on Monday through Saturday from 8 a.m. to 2 a.m. the following day.

(2) A holder of a 7–day Class B beer and wine license may sell or provide beer and wine for on–premises consumption:

(i) on Monday through Saturday from 8 a.m. to 2 a.m. the following day; and

(ii) on Sunday from 8 a.m. to 1 a.m. the following day.

(3) A holder of a 7–day Class B beer and wine license may sell beer and wine for off–premises consumption on Monday through Sunday from 8 a.m. to 11 p.m.

(c) A holder of a Class C beer and wine license may sell or provide beer and wine on Monday through Saturday from 8 a.m. to 2 a.m. the following day.

(d) (1) A holder of a 6–day or 7–day Class D beer and wine license may sell or provide beer and wine on Monday through Saturday from 8 a.m. to 2 a.m. the following day.

(2) A holder of a 7–day Class D beer and wine license may sell or provide beer and wine on Sunday from 8 a.m. to 1 a.m. the following day.
Md. Code, Business Regulation § 16-508 — MD Code / Article gbr / Title 16 / Subtitle 5 / Section 16-508
§16–508.
Status: in_force

(a) A determination by the Attorney General to omit or to delete from the directory described in § 16-504 of this subtitle a brand family or tobacco product manufacturer shall be subject to review in accordance with Title 10, Subtitle 2 of the State Government Article.

(b) The Attorney General, the Comptroller, and the Executive Director may adopt regulations to carry out this subtitle.

(c) In any action brought by the State to enforce this subtitle, the State shall be entitled to recover the costs of investigation, expert witness fees, costs of the action, and reasonable attorney’s fees.

(d) (1) If a court determines that a person has violated this subtitle, the court shall order any profits, gain, gross receipts, or other benefit from the violation to be paid to the State Treasurer for deposit into the Cigarette Restitution Fund established under § 7-317 of the State Finance and Procurement Article.

(2) Unless otherwise expressly provided, the remedies or penalties provided by this subtitle are cumulative to each other, and to the remedies or penalties available under all other laws of this State.
Md. Code, Education § 16-513 — MD Code / Article ged / Title 16 / Subtitle 5 / Section 16-513
§16–513.
Status: in_force

(a) There is a Baltimore City Community College police force.

(b) (1) A Baltimore City Community College police officer has the powers granted to a peace and police officer.

(2) (i) A Baltimore City Community College police officer may exercise these powers only on property that is owned, leased, operated by, or under the control of Baltimore City Community College.

(ii) The police officer may not exercise these powers on any other property unless:

1. Engaged in fresh pursuit of a suspected offender;

2. Necessary to facilitate the orderly flow of traffic to and from property owned, leased, operated by, or under the control of Baltimore City Community College; or

3. Ordered to do so by the Governor.

(c) (1) In consultation with the Secretary of State Police and the Maryland Police Training and Standards Commission, the Board of Trustees shall adopt standards, qualifications, and prerequisites of character, training, education, human and public relations, and experience for Baltimore City Community College police officers, including standards for the performance of their duties.

(2) To the extent practicable, the Board shall adopt standards that are similar to the standards adopted for the Department of State Police.

(d) The Board of Trustees shall adopt regulations governing the operation and conduct of the Baltimore City Community College police force and of Baltimore City Community College police officers.
Md. Code, State Finance and Procurement § 16-202 — MD Code / Article gsf / Title 16 / Subtitle 2 / Section 16-202
§16–202.
Status: in_force

(a) A person is debarred by operation of law from entering into a contract with a public body if the person has been convicted under the laws of the State for bribery, attempted bribery, or conspiracy to bribe, committed in furtherance of obtaining a contract with a public body.

(b) A person may be debarred from entering into a contract with a public body, if the person:

(1) has been convicted under the laws of the State for bribery, attempted bribery, or conspiracy to bribe, committed other than in furtherance of obtaining a contract with any public body;

(2) has been convicted under the laws of another state or of the United States of bribery, attempted bribery, or conspiracy to bribe; or

(3) during the course of an official investigation or other proceeding has admitted, in writing or under oath, acts or omissions that would constitute bribery, attempted bribery, or conspiracy to bribe, under the laws of the State, another state or the United States.
Md. Code, Health Occupations § 16-312 — MD Code / Article gho / Title 16 / Subtitle 3 / Section 16-312
§16–312.
Status: in_force

(a) The Board may investigate any complaint filed with the Board that alleges that there are grounds for action under § 16-311 of this subtitle.

(b) After its investigation, the Board, on the affirmative vote of a majority of its members then serving, may commence action on any of the grounds set forth in § 16-311 of this subtitle.

(c) (1) Except as provided in paragraph (2) of this subsection, until the Board passes an order under § 16-314 of this subtitle, each related investigation, report, and recommendation is confidential.

(2) On the request of a person who has made a complaint to the Board, the Board shall provide the person with information on the status of the complaint.
Md. Code, Insurance § 16-202 — MD Code / Article gin / Title 16 / Subtitle 2 / Section 16-202
§16–202.
Status: in_force

(a) (1) Each policy of life insurance shall contain a provision that a grace period shall be allowed within which the payment of any premium after the first may be made.

(2) The grace period shall be:

(i) 30 days;

(ii) at the option of the insurer, 1 month of not less than 30 days; or

(iii) 4 weeks, for a policy of industrial life insurance with premiums payable more frequently than monthly.

(b) The policy continues in full force during the grace period.

(c) If a claim arises under the policy during the grace period, the amount of any premium due or overdue may be deducted from the policy proceeds.
Md. Code, Alcoholic Beverages and Cannabis § 16-1301 — MD Code / Article gab / Title 16 / Subtitle 13 / Section 16-1301
§16–1301.
Status: in_force

(a) The following sections of Title 4, Subtitle 12 (“Temporary Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 4–1202 (“Per diem licenses”);

(2) § 4–1203 (“Class C per diem beer and Class C per diem beer and wine licenses”);

(3) § 4–1204 (“Class C per diem beer, wine, and liquor license”);

(4) § 4–1206 (“License to dispose of stock”);

(5) § 4–1207 (“Temporary move of licensed premises”);

(6) § 4–1208 (“Hours and days of sale”); and

(7) § 4–1209 (“Wine permit for fund–raising event”).

(b) Section 4–1205 (“License fees”) of Division I of this article does not apply in the county and is superseded by § 16–1311 of this subtitle.
Md. Code, Business Occupations and Professions § 16-214 — MD Code / Article gbo / Title 16 / Subtitle 2 / Section 16-214
§16–214.
Status: in_force

On request, the Commission shall issue a document of good standing to a licensed real estate appraiser trainee, licensed real estate appraiser, certified real estate appraiser, or licensed home inspector who:

(1) is in good standing in the State; and

(2) pays the issuance fee set by the Commission.
Md. Code, Election Law § 16-301 — MD Code / Article gel / Title 16 / Subtitle 3 / Section 16-301
§16–301.
Status: in_force

(a) An election official or an official of a political party may not willfully neglect official duties under this article or engage in corrupt or fraudulent acts in the performance of official duties under this article.

(b) A person who violates this section is subject to a fine of not less than $50 nor more than $1,000 or imprisonment for not less than 30 days nor more than 3 years or both.
Md. Code, Health Occupations § 16-501 — MD Code / Article gho / Title 16 / Subtitle 5 / Section 16-501
§16–501.
Status: in_force

Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice podiatry in this State unless licensed by the Board.
Md. Code, Health - General § 16-207 — MD Code / Article ghg / Title 16 / Subtitle 2 / Section 16-207
§16–207.
Status: in_force

The Department shall bill and collect the fee for a service of a public health and clinical laboratory as provided in this subtitle.
Md. Code, Education § 16-318 — MD Code / Article ged / Title 16 / Subtitle 3 / Section 16-318
§16–318.
Status: in_force

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

(2) “Computer-based instructional technology” has the meaning stated in § 12-101 of this article.

(3) “Technology” has the meaning stated in § 12-101 of this article.

(b) By January 1, 2007, the board of community college trustees for each community college shall develop a nonvisual access clause for use in the procurement of computer-based instructional technology.

(c) The nonvisual access clause developed under subsection (b) of this section shall be consistent with the standards developed by the Department of Budget and Management in accordance with the provisions of § 3-412 of the State Finance and Procurement Article.
Md. Code, Insurance § 16-119 — MD Code / Article gin / Title 16 / Subtitle 1 / Section 16-119
§16–119.
Status: in_force

(a) (1) A life insurer may refuse an application for a policy of life insurance on the life of a minor only if the refusal is consistent with § 27–501(a)(2) of this article.

(2) An application for a policy of life insurance on the life of a minor that is submitted for underwriting shall include:

(i) the signature of the applicant; and

(ii) unless the minor is emancipated or married, the consent and signature of the parent or legal guardian with whom the minor resides.

(3) The life insurer shall include on the first page of the application for a policy of life insurance on the life of a minor, on a disclosure provided to the applicant at the time of application, or on an endorsement to the policy the following statement in 12 point bold type:

“A person who feloniously and intentionally kills, conspires to kill, or procures the killing of the insured and who is a named beneficiary of a life insurance policy on the insured is not entitled to a benefit under the policy.”.

(b) As part of the life insurer’s written standards and procedures for policy application and acceptance, the life insurer shall:

(1) request that the applicant for a policy of life insurance on the life of a minor identify the amount of other life insurance coverage on the life of the minor that is in force or pending at the time of the application;

(2) document the applicant’s response on the application; and

(3) take reasonable steps to verify the amount of other life insurance in force or pending.

(c) If an application for a life insurance policy on the life of a minor is for a policy that has a benefit of $50,000 or less and is issued without underwriting, the life insurer shall:

(1) request that the applicant for a policy of life insurance on the life of a minor identify the amount, if any, of other life insurance coverage on the life of the minor that is in force or pending at the time of the application;

(2) document the applicant’s response on the application;

(3) take reasonable steps to verify the total amount of life insurance in force or pending; and

(4) document the steps taken on a particular application to verify the total amount of life insurance in force or pending.

(d) (1) For each application for a policy of life insurance on the life of a minor that is rejected by a life insurer, the life insurer shall maintain at the life insurer’s home or principal office, for at least 3 years after the date the application was signed by the applicant, a complete file containing:

(i) the original signed application;

(ii) the life insurer’s underwriting analysis;

(iii) any correspondence with the applicant; and

(iv) any other documents pertinent to the decision to reject the application.

(2) The life insurer shall obtain and keep records sufficient to demonstrate that the applicant for a policy of life insurance on the life of a minor has an insurable interest in the life of the minor in accordance with § 12–201 of this article.
Md. Code, Election Law § 16-501 — MD Code / Article gel / Title 16 / Subtitle 5 / Section 16-501
§16–501.
Status: in_force

(a) A person may not willfully and falsely take an oath or affirmation prescribed:

(1) by the State Board; or

(2) pursuant to this article.

(b) A person may not willfully induce or procure, or offer to induce or procure, another person to willfully and falsely take an oath or affirmation prescribed:

(1) by the State Board; or

(2) pursuant to this article.

(c) Any person who violates subsection (a) of this section is guilty of perjury and shall be punished according to the laws of the State for perjury.

(d) Any person who violates subsection (b) of this section is guilty of subornation of perjury and shall be punished according to the laws of the State for subornation of perjury.
Md. Code, Local Government § 16-502 — MD Code / Article glg / Title 16 / Subtitle 5 / Section 16-502
§16–502.
Status: in_force

(a) The intent of this section is to:

(1) reimburse Anne Arundel County for the supporting facilities and services that it provides for private development that is not related to aviation on State–owned land at Baltimore–Washington International Thurgood Marshall Airport; and

(2) eliminate any competitive advantage that Baltimore–Washington International Thurgood Marshall Airport might have over private property in attracting new development or construction.

(b) Notwithstanding the provisions of §§ 6–102, 7–211, and 7–401 of the Tax – Property Article, for all private development that is not related to aviation on State–owned land at Baltimore–Washington International Thurgood Marshall Airport, the State shall pay to Anne Arundel County annually an amount that:

(1) is agreed on by the Secretary of Transportation and the County Executive of Anne Arundel County; and

(2) does not exceed an amount equal to the local property taxes that would have been paid to Anne Arundel County if the private development were not constructed on State–owned land.

(c) To fund the payments required under subsection (b) of this section, the State shall charge a special user fee to the private development described in subsection (b) of this section.

(d) The Maryland Aviation Administration shall specify what constitutes private development that is not related to aviation on State–owned land at Baltimore–Washington International Thurgood Marshall Airport.
Md. Code, Local Government § 16-202 — MD Code / Article glg / Title 16 / Subtitle 2 / Section 16-202
§16–202.
Status: in_force

(a) The annual salary of the County Treasurer of Calvert County is $57,500.

(b) (1) The County Treasurer of Calvert County shall appoint one deputy treasurer.

(2) The County Commissioners of Calvert County shall set the annual salary of the deputy treasurer.

(c) (1) An individual who serves as County Treasurer of Calvert County for at least three terms shall receive an annual pension when the individual leaves office of $150 for each year served.

(2) The pension shall be paid at least once per month.

(d) The County Commissioners of Calvert County shall:

(1) provide in its annual budget a pension of $150 per month to be paid to the surviving spouse of any county treasurer who served as of October 1974; and

(2) pay the pension for the life of the surviving spouse.
Md. Code, Transportation § 16-809 — MD Code / Article gtr / Title 16 / Subtitle 8 / Section 16-809
§16–809.
Status: in_force

A person may drive a commercial motor vehicle if:

(1) The person holds a valid commercial driver’s license issued by any:

(i) State in accordance with the minimum federal standards for the issuance of a commercial driver’s license; or

(ii) Foreign jurisdiction that the United States Department of Transportation has determined issues commercial drivers’ licenses in accordance with the minimum federal standards;

(2) The person’s driver’s license is not refused, suspended, revoked, or canceled;

(3) The person is not disqualified from driving a commercial motor vehicle in any state;

(4) The person is not disqualified from driving a commercial vehicle by the United States Department of Transportation;

(5) The person is not subject to an out-of-service order as defined in § 16-812(i)(1)(ii) of this subtitle;

(6) The person has the commercial driver’s license in the person’s possession; and

(7) The person’s commercial driver’s license is valid for the type of vehicle being driven, as determined by regulation established by the United States Department of Transportation.
Md. Code, Insurance § 16-407 — MD Code / Article gin / Title 16 / Subtitle 4 / Section 16-407
§16–407.
Status: in_force

(a) Each annuity contract and each pure endowment contract shall contain a provision that, unless the cash surrender value has been paid, the contract may be reinstated, within 1 year after default in making stipulated payments to the insurer, on the payment of all overdue stipulated payments and the payment or reinstatement of any other indebtedness to the insurer on the contract, with interest on the payments and other indebtedness at a rate specified in the contract not exceeding 6% per year.

(b) If applicable, the insurer may require evidence of insurability satisfactory to the insurer.
Md. Code, Education § 16-706 — MD Code / Article ged / Title 16 / Subtitle 7 / Section 16-706
§16–706.
Status: in_force

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

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

(2) The procedures for the employee organization to receive membership dues through payroll deduction.

(b) In the course of collective bargaining, the public employer and the exclusive representative shall:

(1) Meet at reasonable times; and

(2) Make every reasonable effort to conclude negotiations with a final written agreement in a timely manner before the budget submission date of the public employer.

(c) An agreement may include a provision for the arbitration of grievances arising under the agreement.

(d) (1) An agreement may not include matters relating to the employees’ or teachers’ retirement or pension systems otherwise covered by the Annotated Code of Maryland.

(2) Paragraph (1) of this subsection does not prohibit a discussion of the terms of the retirement or pension systems in the course of collective bargaining.

(e) The terms of an agreement shall supersede any conflicting regulations or administrative policies of the public employer.

(f) (1) (i) Except as provided in paragraph (2) of this subsection, a request for funds necessary to implement an agreement shall be submitted by the public employer in a timely fashion for consideration in the budget process of the county.

(ii) Not later than 20 days after final budget action by the governing body of a county, if a request for funds necessary to implement an agreement is reduced, modified, or rejected by the governing body, either party to the agreement may reopen the agreement.

(2) For Baltimore City Community College, in the annual budget bill submitted to the General Assembly, the Governor shall include any amounts in the budget of Baltimore City Community College required to accommodate any additional cost resulting from the negotiations, including the actuarial impact of any legislative changes to any of the State pension or retirement systems that are required, as a result of the negotiations, for the fiscal year beginning the immediately following July 1 if the legislative changes have been negotiated to become effective in that fiscal year.
Md. Code, State Finance and Procurement § 16-306 — MD Code / Article gsf / Title 16 / Subtitle 3 / Section 16-306
§16–306.
Status: in_force

(a) In making a determination whether a person should be debarred under § 16-202(b) or § 16-203 of this title, the Board shall conclude whether the integrity of the contracting process and the best interests of the State would be served by debarring the person from entering into contracts with the applicable public bodies. In making its determination, the Board shall consider relevant factors, including:

(1) the nature and seriousness of the act that caused the person to be subject to debarment;

(2) the time the act occurred;

(3) whether and to what extent the person cooperated with authorities in their investigation of the matters;

(4) the conditions under which the person cooperated; and

(5) the conduct of the person since the act occurred.

(b) Upon making its determination under subsection (a) of this section, the Board shall notify the person subject to debarment in writing either that:

(1) the person is debarred and the period of debarment; or

(2) the person is no longer subject to debarment for the act which was the subject of the hearing and determination.

(c) Except as provided in § 16-310 of this subtitle, this section does not apply to a person debarred under § 16-202(a) of this title.
Md. Code, Land Use § 16-208 — MD Code / Article glu / Title 16 / Subtitle 2 / Section 16-208
§16–208.
Status: in_force

(a) If a party to the collective bargaining considers a bargaining proposal to violate the rights and responsibilities of the Commission under § 16–213 of this subtitle or the rights of Commission employees under § 16–216 of this subtitle or otherwise to violate this subtitle, the party may petition the labor relations administrator for a determination of whether the bargaining proposal constitutes a negotiability dispute that violates this subtitle.

(b) (1) The procedure for resolving a negotiability dispute shall follow the process for reviewing unfair labor practice charges.

(2) Notwithstanding paragraph (1) of this subsection, the labor relations administrator may shorten the time periods or order any appropriate expedited procedure.

(c) The labor relations administrator may order a party to withdraw all or part of a bargaining proposal that violates this subtitle.

(d) Unless petitioned to judicial review on the basis that the decision or order is arbitrary, is capricious, or exceeds the authority of a party, any decision reached and order issued under this subtitle is final.
Md. Code, Business Regulation § 16-501 — MD Code / Article gbr / Title 16 / Subtitle 5 / Section 16-501
§16–501.
Status: in_force

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

(b) (1) “Brand family” means all styles of cigarettes sold under the same trademark, regardless of whether the cigarettes are differentiated from one another by means of additional modifiers or descriptors such as “menthol”, “lights”, “kings”, “100s”, or other differentiation.

(2) “Brand family” includes any use of a brand name (alone or in conjunction with any other word) trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes.

(c) “Cigarette” has the meaning stated in § 16–402(e) of this title (the Escrow Act).

(d) “Comptroller” means the Comptroller of the State or any authorized agent of the Comptroller who is responsible for collection of the excise tax on cigarettes.

(e) “Escrow Act” means Subtitle 4 of this title.

(f) “Executive Director” includes an agent or employee of the Alcohol and Tobacco Commission responsible for the enforcement of State tobacco laws and regulations.

(g) “Licensed wholesaler” means a wholesaler who is licensed under Subtitle 2 of this title to act as a wholesaler and any person who is an authorized agent of the licensed wholesaler for the stamping and distribution of cigarettes.

(h) “Master Settlement Agreement” has the meaning stated in § 16–402(f) of this title (the Escrow Act).

(i) “Nonparticipating manufacturer” means any tobacco product manufacturer that is not a participating manufacturer.

(j) “Participating manufacturer” has the meaning stated in section II(jj) of the Master Settlement Agreement and all amendments to the Agreement.

(k) “Qualified escrow fund” has the meaning stated in § 16–402(g) of this title (the Escrow Act).

(l) “Tobacco product manufacturer” has the meaning stated in § 16–402(j) of this title (the Escrow Act).

(m) “Units sold” has the meaning stated in § 16–402(k) of this title (the Escrow Act).
Md. Code, Land Use § 16-207 — MD Code / Article glu / Title 16 / Subtitle 2 / Section 16-207
§16–207.
Status: in_force

(a) The Commission and an employee organization certified as exclusive representative shall meet and engage in collective bargaining in good faith regarding:

(1) salary and wages, including the percentage of the increase in the salary and wages budget that will be devoted to merit increments and cash awards, provided that salaries and wages shall be uniform for all employees in the same classification;

(2) pension and other retirement benefits for active employees;

(3) employee benefits such as insurance, leave, holidays, and vacations;

(4) hours and working conditions;

(5) orderly processing and settlement of grievances concerning the interpretation and implementation of a collective bargaining agreement that may include:

(i) binding third party arbitration, under which the arbitrator may not amend, add to, or subtract from the provisions of the collective bargaining agreement; and

(ii) provisions for the exclusivity of forum;

(6) matters affecting the health and safety of employees; and

(7) the effect on employees of the exercise of the Commission’s rights and responsibilities under § 16–213 of this subtitle.

(b) This section does not require the Commission or the employee organization to agree to any proposal or to make any concession.

(c) (1) (i) Collective bargaining may not begin later than September 1 before the beginning of a fiscal year for which an agreement has not been reached between the Commission and the exclusive representative.

(ii) Collective bargaining shall conclude on or before the following February 1.

(2) During the period between the dates set in paragraph (1)(i) and (ii) of this subsection, the parties shall negotiate in good faith.
Md. Code, State Finance and Procurement § 16-310 — MD Code / Article gsf / Title 16 / Subtitle 3 / Section 16-310
§16–310.
Status: in_force

(a) (1) If the conviction that is the basis for a debarment or suspension is reversed or otherwise rendered void, the debarment or suspension terminates automatically.

(2) If the federal debarment that is the basis for a State debarment is reversed or otherwise rendered void, the debarment terminates automatically if the person debarred provides to the Board sufficient legal documentation that the federal debarment has been reversed or otherwise rendered void.

(b) (1) Any person debarred under § 16-202 of this title may, after a period of 5 years from the date of the debarment, petition the Board for removal of the debarment.

(2) Any person debarred under § 16-203(a), (b), or (d) of this title may petition the Board for removal of the debarment, after the expiration of:

(i) one-half of the period of debarment; or

(ii) 5 years.

(c) (1) The Board shall consider all petitions received under subsection (b) of this section.

(2) Within 90 days after receiving a petition under subsection (b) of this section, the Board shall determine in its discretion whether to conduct a hearing regarding the petition. If the Board decides to conduct a hearing, it shall conduct the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(3) The Board shall notify the person of its decision whether it will conduct a hearing regarding the petition.

(d) In making its determination whether the debarment should be removed, the Board shall conclude whether the integrity of the contracting process and the best interests of the State would be served by continuing the debarment. In making its determination, the Board shall consider relevant factors including those listed in § 16-306(a) of this subtitle.

(e) Upon making its determination, the Board shall give written notice to the petitioner that the debarment is removed or continued.

(f) The time for any hearing or determination by the Board under this section may be extended by the Board upon a showing of good cause.
Md. Code, Business Occupations and Professions § 16-301 — MD Code / Article gbo / Title 16 / Subtitle 3 / Section 16-301
§16–301.
Status: in_force

(a) After June 30, 1991, and except as otherwise provided in this title, an individual shall be licensed by the Commission to provide real estate appraisal services before the individual may provide real estate appraisal services in the State.

(b) This section does not apply to an individual who provides real estate appraisal services that are only incidental real estate appraisal services, including home inspectors and environmental auditors.

(c) In addition to subsection (b) of this section, this section does not apply to an individual who provides real estate appraisal services that the Commission defines by regulation to be only incidental real estate appraisal services.

(d) This section does not apply to an individual who is licensed to practice any business or occupation in the State while acting within the scope of the license.
Md. Code, Transportation § 16-902 — MD Code / Article gtr / Title 16 / Subtitle 9 / Section 16-902
§16–902.
Status: in_force

If a driver who is subject to this subtitle is stopped by a police officer who has probable cause to believe that the driver has committed a violation described in this subtitle, the police officer shall:

(1) As soon as practicable contact the U.S. Department of State office in order to verify the driver’s status and immunity, if any;

(2) Record all relevant information from any driver’s license or identification card, including a driver’s license or identification card issued by the U.S. Department of State; and

(3) Within 5 workdays after the date of the stop, forward the following to the Administration:

(i) A vehicle accident report, if the driver was involved in a vehicle accident;

(ii) If a citation or other charging document was issued to the driver, a copy of the citation or other charging document; and

(iii) If a citation or other charging document was not issued to the driver, a written report of the incident.
Md. Code, Transportation § 16-121 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-121
§16–121.
Status: in_force

(a) This section applies only to a non–match, described under regulations adopted by the Secretary of the United States Department of Homeland Security, that:

(1) Occurs during verification by the Administration of the documentary evidence provided by an applicant for issuance or renewal of an identification card under § 12–301 of this article, a moped operator’s permit under § 16–104.2 of this subtitle, or a license to drive under this subtitle; and

(2) Is not resolved by the Administration’s verification of the documentary evidence.

(b) In the event of a non–match, the Administration may not issue to the applicant an identification card under § 12–301 of this article, a moped operator’s permit under § 16–104.2 of this subtitle, or a license to drive under this subtitle.

(c) Nothing in this section prohibits the Administration from issuing or renewing an identification card, a moped operator’s permit, or a license to drive under § 16–122 of this subtitle to allow the applicant to resolve a non–match.
Md. Code, Commercial Law § 16-101 — MD Code / Article gcl / Title 16 / Subtitle 1 / Section 16-101
§16–101.
Status: in_force

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

(b) “County” includes Baltimore City.

(c) “Owner” includes a person lawfully in possession.

(d) “Person” includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.
Md. Code, Criminal Procedure § 16-213 — MD Code / Article gcp / Title 16 / Subtitle 2 / Section 16-213
§16–213.
Status: in_force

This subtitle does not prohibit the appointment of an attorney, other than through the Office, to represent an indigent individual by the District Court, a circuit court, or the Appellate Court of Maryland if:

(1) there is a conflict in legal representation in a matter involving multiple defendants, and one of the defendants is represented by or through the Office; or

(2) the Office declines to provide representation to an indigent individual entitled to representation under this subtitle.
Md. Code, Land Use § 16-407 — MD Code / Article glu / Title 16 / Subtitle 4 / Section 16-407
§16–407.
Status: in_force

(a) If the Commission fails to comply with this subtitle and an employee of the Commission is adversely affected, the certified representative of the employee may file an appeal on the record on behalf of the employee before the State Office of Administrative Hearings in accordance with the contested case provisions of the Administrative Procedure Act, Title 10, Subtitle 2 of the State Government Article.

(b) (1) If the administrative law judge finds that the Commission was arbitrary and capricious in soliciting or entering into a service contract that is subject to this subtitle, and the employee of the Commission has been adversely affected, the administrative law judge may award the employee actual damages for back pay and front pay for a combined period of up to 2 years beginning on the date the employee was first adversely affected.

(2) The employee is obligated to mitigate the actual damages.

(3) An award of actual damages authorized under this subsection shall be the sole and exclusive remedy for a violation of this subtitle that is available to the employee, and liability may not accrue for punitive damages, consequential damages, or damages for emotional distress or pain and suffering.

(c) Noncompliance with this subtitle may not invalidate a contract award or proposed contract award that the Commission has otherwise validly awarded or issued.
Md. Code, Insurance § 16-103 — MD Code / Article gin / Title 16 / Subtitle 1 / Section 16-103
§16–103.
Status: in_force

A life insurer may not:

(1) issue or deliver in the State a policy of life insurance or an annuity contract that provides for the payment of an assessment by a policyholder or member in addition to the premium stated in the policy or annuity contract to be charged for the life insurance or annuity; or

(2) levy or collect an assessment prohibited by item (1) of this section.
Md. Code, Business Occupations and Professions § 16-5B-10 — MD Code / Article gbo / Title 16 / Subtitle 5B / Section 16-5B-10
§16–5B–10.
Status: in_force

(a) An appraisal management company may not:

(1) knowingly fail to separate and disclose any fees charged to a client by the appraisal management company for the completion of an appraisal by an appraiser from the fees charged to a lender, client, or any other person by an appraisal management company for providing appraisal management services; or

(2) knowingly prohibit an appraiser from recording the fee that the appraiser was paid by the appraisal management company for the provision of real estate services within the appraisal report that is submitted by the appraiser to the appraisal management company.

(b) The Commission may not bring disciplinary action under § 16–702.2 of this title or recommend criminal sanctions under § 16–706 of this title based solely on subsection (a) of this section.
Md. Code, Business Regulation § 16-403 — MD Code / Article gbr / Title 16 / Subtitle 4 / Section 16-403
§16–403.
Status: in_force

(a) Any tobacco product manufacturer that sells cigarettes to consumers within the State, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, after June 1, 1999, shall either:

(1) become a participating manufacturer, as that term is defined in section II(jj) of the Master Settlement Agreement, and generally perform its financial obligations under the Master Settlement Agreement; or

(2) place into a qualified escrow fund by April 15 of the year following the year in question the following amounts, as such amounts are adjusted for inflation:

(i) for 1999, $.0094241 per unit sold after June 1, 1999;

(ii) for 2000, $.0104712 per unit sold;

(iii) for each of 2001 and 2002, $.0136125 per unit sold;

(iv) for each of 2003, 2004, 2005, and 2006, $.0167539 per unit sold; and

(v) for 2007 and each year thereafter, $.0188482 per unit sold.

(b) (1) A tobacco product manufacturer that places funds into escrow in accordance with subsection (a)(2) of this section shall receive the interest or other appreciation on the funds as earned.

(2) The funds themselves shall be released from escrow only under the following circumstances:

(i) to pay a judgment or settlement on any released claim brought against such tobacco product manufacturer by the State or any releasing party located or residing in the State. Funds shall be released from escrow under this subparagraph:

1. in the order in which they were placed into escrow; and

2. only to the extent and at the time necessary to make payments required under such judgment or settlement;

(ii) to the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow on account of units sold in the State in a particular year was greater than the Master Settlement Agreement payments, as determined pursuant to section IX(i) of that Agreement, including after final determination of all adjustments, that such manufacturer would have been required to make on account of such units sold had it been a participating manufacturer, the excess shall be released from escrow and revert back to such tobacco manufacturer; or

(iii) to the extent funds are not released from escrow under item (i) or (ii) of this paragraph, funds shall be released from escrow and revert to such tobacco product manufacturer 25 years after the date on which they were placed into escrow.

(c) (1) Each tobacco product manufacturer that elects to place funds into escrow pursuant to subsection (a)(2) of this section shall annually certify to the Attorney General that it is in compliance with subsections (a)(2) and (b) of this section.

(2) The Attorney General may bring a civil action on behalf of the State against any tobacco product manufacturer that fails to place into escrow the funds required under this section.

(3) (i) Any tobacco product manufacturer that fails in any year to place into escrow the funds required under this section shall be required within 15 days to place such funds into escrow as will bring the manufacturer into compliance with this section.

(ii) The court, upon a finding of a violation of subsection (a)(2) or (b) of this section, may impose a civil penalty, to be paid to the General Fund of the State:

1. in an amount not to exceed 5 percent of the amount improperly withheld from escrow per day of the violation; and

2. in a total amount not to exceed 100 percent of the original amount improperly withheld from escrow.

(4) (i) If a tobacco product manufacturer has knowingly violated subsection (a)(2) or (b) of this section, the manufacturer shall be required within 15 days to place such funds into escrow as will bring it into compliance with this section.

(ii) Upon a finding of a knowing violation of subsection (a)(2) or (b) of this section, the court may impose a civil penalty, to be paid to the General Fund of the State:

1. in an amount not to exceed 15 percent of the amount improperly withheld from escrow per day of the violation; and

2. in a total amount not to exceed 300 percent of the original amount improperly withheld from escrow.

(5) In the case of a second knowing violation of subsection (a)(2) or (b) of this section, the tobacco product manufacturer shall be prohibited from selling cigarettes to consumers within the State, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, for a period not to exceed 2 years.

(6) Each failure to make the annual deposit required under this section shall constitute a separate violation.
Md. Code, Election Law § 16-904 — MD Code / Article gel / Title 16 / Subtitle 9 / Section 16-904
§16–904.
Status: in_force

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

(2) (i) “Election official” means:

1. the State Administrator;

2. a member of the State Board;

3. an employee of the State Board;

4. counsel to the State Board;

5. a county election director appointed under § 2–202 of this article;

6. a member of a local board;

7. an employee of a local board;

8. counsel to a local board; or

9. an election judge.

(ii) “Election official” includes:

1. an individual who takes the oath prescribed in Article I, § 9 of the Maryland Constitution to assist in administering an election; and

2. a page as defined in § 10–401 of this article.

(3) “Electronic communication” has the meaning stated in § 3–805 of the Criminal Law Article.

(4) “Harm” includes:

(i) serious injury; and

(ii) serious emotional distress.

(5) “Immediate family member” includes:

(i) a parent;

(ii) a spouse; and

(iii) a child.

(6) “Threat” includes:

(i) an oral threat;

(ii) a threat made by electronic communication; and

(iii) a threat in any written form, whether or not the writing is signed, or if the writing is signed, whether or not it is signed with a fictitious name or any other mark.

(b) A person may not knowingly and willfully make a threat to harm an election official or an immediate family member of an election official because of the election official’s role in administering the election process.

(c) A person may not knowingly send, deliver, part with, or make for the purpose of sending or delivering a threat prohibited under subsection (b) of this section.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both.
Md. Code, Transportation § 16-201 — MD Code / Article gtr / Title 16 / Subtitle 2 / Section 16-201
§16–201.
Status: in_force

(a) The Administration may cancel a driver’s license issued under this title if it determines that the licensee:

(1) Was not entitled to be issued the license;

(2) Failed to give the required or correct information in his application; or

(3) Committed fraud in making the application or in obtaining the license.

(b) On cancellation, the licensee immediately shall surrender the canceled license to the Administration.
Md. Code, Commercial Law § 16-601 — MD Code / Article gcl / Title 16 / Subtitle 6 / Section 16-601
§16–601.
Status: in_force

(a) A hospital which furnishes medical or other services to a patient injured in an accident not covered by the Maryland Workers’ Compensation Act has a lien on 50 percent of the recovery or sum which the patient or, in case of death, the heirs or personal representative of the patient collect in judgment, settlement, or compromise of the patient’s claim against another for damages on account of the injuries.

(b) (1) The lien secures the reasonable and necessary charges of the hospital for treatment, care, and maintenance provided to the patient.

(2) However, the charges secured may not exceed those allowed by the State Workers’ Compensation Commission for medical services rendered to individuals coming under the Maryland Workers’ Compensation Act.

(c) A hospital’s lien is subordinate only to an attorney’s lien for professional services for collecting or obtaining damages.
Md. Code, Alcoholic Beverages and Cannabis § 16-201 — MD Code / Article gab / Title 16 / Subtitle 2 / Section 16-201
§16–201.
Status: in_force

There is a Board of License Commissioners for Carroll County.
Md. Code, Transportation § 16-108 — MD Code / Article gtr / Title 16 / Subtitle 1 / Section 16-108
§16–108.
Status: in_force

If, while the licensee is still a minor, the Administration receives from the individual who cosigned the license application of the minor a written request that the license of the minor be canceled, the Administration:

(1) Shall cancel the license; and

(2) May not reissue the license until:

(i) Another qualified adult cosigns and certifies an application as required by § 16–107 of this subtitle; or

(ii) The minor becomes an adult.
Md. Code, Business Occupations and Professions § 16-5B-04 — MD Code / Article gbo / Title 16 / Subtitle 5B / Section 16-5B-04
§16–5B–04.
Status: in_force

(a) An applicant for registration as an appraisal management company shall submit to the Commission an application on a form required by the Commission.

(b) A registration issued under this subtitle is valid for 1 year.

(c) A person applying for registration as an appraisal management company shall complete an irrevocable Uniform Consent to Service of Process, as required by the Commission.

(d) The Commission may set by regulation reasonable fees for registering appraisal management companies under this subtitle.
Md. Code, Environment § 16-309 — MD Code / Article gen / Title 16 / Subtitle 3 / Section 16-309
§16–309.
Status: in_force

The court may order the State to pay court costs of any appeal in accordance with the provisions of § 16–306 of this subtitle if the court finds that the financial situation of the person appealing warrants this action.
Md. Code, Commercial Law § 16-203 — MD Code / Article gcl / Title 16 / Subtitle 2 / Section 16-203
§16–203.
Status: in_force

(a) The lienor may retain possession of the property subject to the lien until:

(1) The charges which give rise to the lien are paid; or

(2) The lien is otherwise discharged in accordance with this subtitle.

(b) (1) (i) Except as provided in subparagraph (ii) of this paragraph, within 30 days after the creation of a lien under this subtitle, including a lien created under § 16-207(c) of this subtitle, the lienor shall send notice of the lien by registered or certified mail to all holders of perfected security interests in the property who:

1. Are known to the lienor; or

2. Can be identified through a search of the public records where filings are made to perfect security interests in the property.

(ii) For a lien created under § 16-202(b) of this subtitle, the lienor shall send the notice required under subparagraph (i) of this paragraph within 45 days after the creation of the lien.

(2) (i) Subject to subparagraph (ii) of this paragraph, the notice required under paragraph (1) of this subsection shall be sent to the address shown on the document that creates or otherwise gives notice of the perfected security interest.

(ii) For a lien created under this subtitle in a motor vehicle registered in this State, the notice required under paragraph (1) of this subsection may be sent to the addresses of all holders of perfected security interests in the motor vehicle that are listed in the certified records issued to the lienor by the Motor Vehicle Administration.

(3) The lienor shall send the notice required under paragraph (1) of this subsection prior to publishing and sending the notice required under § 16-207(b) of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 16-402 — MD Code / Article gab / Title 16 / Subtitle 4 / Section 16-402
§16–402.
Status: in_force

A holder of a manufacturer’s license may sell or deliver alcoholic beverages to a holder of a retail license from 6 a.m. to midnight on every day except Sunday.
Md. Code, Education § 16-315 — MD Code / Article ged / Title 16 / Subtitle 3 / Section 16-315
§16–315.
Status: in_force

(a) The Commission shall adopt guidelines for financial record keeping and the preparation of annual audit reports by the community colleges. The community colleges shall comply with the guidelines of the Commission.

(b) Each community college in the State shall have an annual audit of its books of accounts, accounting procedures and principles, and other fiscal and operational methods and procedures in accordance with guidelines as prescribed by the Commission. A copy of the audit report, together with the related management letter, shall be submitted to the Commission for review and assessment and to the Legislative Auditor within 90 days of the close of each fiscal year. The Commission shall ascertain that the community colleges are audited in accordance with this section.

(c) The Commission shall evaluate audit reports and related management letters for purposes of determining material weaknesses and assessing which recommendations should be considered for implementation. If a community college establishes to the satisfaction of the Commission that a recommendation in an audit report or related management letter has been satisfactorily addressed and should not be implemented, then the Commission shall notify the Legislative Auditor of the reasons for not implementing the recommendation. If the Commission finds that satisfactory progress has not been made toward correcting recurring material weaknesses or implementing any other audit recommendations which the Commission deems appropriate, then with due notice to the community college, the Commission shall direct the State Comptroller to withhold aid payments or any portion of aid payments due a college under this article.

(d) The Legislative Auditor may upon the Legislative Auditor’s own initiative perform the required annual audits. However, notification of such intent must be given to each affected community college before the start of the fiscal year to be audited.

(e) The Legislative Auditor may be directed to undertake special audits of any community college by the Joint Audit and Evaluation Committee at State expense.

(f) An audit performed by an official auditor of any county or Baltimore City approved by the Commission shall satisfy the annual audit requirement if it otherwise meets the requirements of this section.

(g) The cost of the annual audit required by this section is the responsibility of the community college.

(h) Each year the Legislative Auditor shall submit a report to the Commission and, subject to § 2–1257 of the State Government Article, the Joint Audit and Evaluation Committee and the Executive Director of the Department of Legislative Services, on the results of the annual and special community college audits.

(i) Nothing contained in this section may be construed to prohibit a periodic or special audit by an official auditor of any county providing funds for a community college.
Md. Code, Housing and Community Development § 16-319 — MD Code / Article ghs / Title 16 / Subtitle 3 / Section 16-319
§16–319.
Status: in_force

(a) This section applies to the expression of any personal view, argument, or opinion or the making of any personal statement that:

(1) does not contain a threat of reprisal, force, or promise of benefit;

(2) was not made under coercive conditions; and

(3) (i) publicizes a representational election or encourages employees to exercise their right to vote in the election;

(ii) corrects the record with respect to a false or misleading statement made by any person; or

(iii) informs employees of the Montgomery Commission’s policy about labor–management relations and representation.

(b) The expression of any personal view, argument, opinion, or statement described in subsection (a) of this section is not:

(1) an unfair labor practice under this subtitle; or

(2) grounds for setting aside an election held under this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 16-1501 — MD Code / Article gab / Title 16 / Subtitle 15 / Section 16-1501
§16–1501.
Status: in_force

(a) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local Licenses”) of Division I of this article apply in the county without exception or variation:

(1) §�4–202�(“Authority of local licensing boards”);

(2) §�4–204�(“Prohibition against issuing multiple licenses for same premises”);

(3) §�4–205�(“Chain store, supermarket, or discount house”);

(4) §�4–206�(“Limitations on retail sales floor space”);

(5) §�4–207�(“Licenses issued to minors”);

(6) §�4–208�(“Notice of license application required”);

(7) §�4–210�(“Approval or denial of license application”);

(8) §�4–211�(“License forms; effective date; expiration”);

(9) §�4–212�(“License not property”);

(10) §�4–213�(“Replacement licenses”); and

(11) §�4–214�(“Waiting periods after denial of license applications”).

(b) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local Licenses”) of Division I of this article apply in the county:

(1) § 4–203 (“Prohibition against issuing multiple licenses to individual or for use of entity”), subject to Subtitle 13, Part III of this title; and

(2) § 4–209�(“Hearing”), subject to § 16–1502 of this subtitle.
Md. Code, Business Occupations and Professions § 16-508 — MD Code / Article gbo / Title 16 / Subtitle 5 / Section 16-508
§16–508.
Status: in_force

(a) On receipt of a complete national and State criminal record report from the Central Repository, the Commission shall grant the appropriate certificate to each applicant who meets the requirements of this subtitle.

(b) The Commission shall issue an appropriate certification document and pocket card to each applicant who has been granted certification under this section.

(c) (1) Subject to paragraph (2) of this subsection, the Commission shall determine the size, form, and content of any certification document or pocket card that the Commission issues.

(2) On each certification document or pocket card that the Commission issues, the Commission shall include:

(i) an expiration date; and

(ii) a certification number.
Md. Code, Housing and Community Development § 16-102 — MD Code / Article ghs / Title 16 / Subtitle 1 / Section 16-102
§16–102.
Status: in_force

Title 12 of this article applies to the Montgomery Commission except where it is inconsistent with this title.
Md. Code, Alcoholic Beverages and Cannabis § 16-1001 — MD Code / Article gab / Title 16 / Subtitle 10 / Section 16-1001
§16–1001.
Status: in_force

(a) There is a Class C (golf course) beer, wine, and liquor license.

(b) The Board may issue the license for the use of a golf course or organization that:

(1) is open to the public;

(2) is operated for profit;

(3) owns real estate in the county; and

(4) has a golf course with a minimum of nine holes.

(c) (1) The license authorizes the license holder to sell beer, wine, and liquor for consumption only on the land and in the buildings that are part of the golf course.

(2) A patron need not be seated to be served.

(d) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class C beer, wine, and liquor license under § 16–2005 of this title.

(e) The annual license fee is $1,500.
Md. Code, Alcoholic Beverages and Cannabis § 16-2006 — MD Code / Article gab / Title 16 / Subtitle 20 / Section 16-2006
§16–2006.
Status: in_force

This article does not restrict on January 1:

(1) the sale of alcoholic beverages by a holder of a Class B, Class C, Class H, or per diem license from midnight to 3 a.m.; or

(2) a person from consuming alcoholic beverages from midnight to 3 a.m. on the premises of a holder of a Class B, Class C, Class H, or per diem license.
Md. Code, Business Regulation § 16-3A-01 — MD Code / Article gbr / Title 16 / Subtitle 3A / Section 16-3A-01
§16–3A–01.
Status: in_force

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

(b) “Owner” means the person that owns or operates an establishment in which a vending machine is located.

(c) (1) “Tobacco product” means any product that is:

(i) intended for human inhalation, absorption, ingestion, smoking, heating, chewing, dissolving, or any other manner of consumption that is made of, derived from, or contains:

1. tobacco; or

2. nicotine; or

(ii) an accessory or a component used in any manner of consumption of a product described in item (i) of this paragraph.

(2) “Tobacco product” includes:

(i) cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, and snus;

(ii) electronic smoking devices; and

(iii) filters, rolling papers, pipes, and liquids used in electronic smoking devices regardless of nicotine content.

(3) “Tobacco product” does not include a drug, device, or combination product authorized for sale by the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act.

(d) “Vending machine” means any mechanical, electronic, or similar self–service device that on insertion of a coin, coins, token, or other similar means dispenses a tobacco product.
Md. Code, Alcoholic Beverages and Cannabis § 16-905 — MD Code / Article gab / Title 16 / Subtitle 9 / Section 16-905
§16–905.
Status: in_force

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

(b) (1) The Board may issue the license for use by a club that:

(i) has a dining room;

(ii) has a regular seating capacity at tables, including not more than 15 seats at bars or counters, for at least 50 individuals; and

(iii) operates in a facility with an assessed real property valuation of at least $20,000.

(2) The license authorizes the license holder to sell beer, wine, and liquor at a club, at the place described in the license, for on–premises consumption.

(c) The annual license fee:

(1) for a club that is a local chapter of a nationally organized nonprofit fraternal or veterans’ organization is $1,200; and

(2) for any other club is $1,500.
Md. Code, Business Regulation § 16-504 — MD Code / Article gbr / Title 16 / Subtitle 5 / Section 16-504
§16–504.
Status: in_force

(a) Except as provided in subsection (b) of this section, the Attorney General shall develop and make available for public inspection a directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of § 16-503 of this subtitle and all brand families that are listed in such certifications.

(b) (1) The Attorney General may not include or retain in the directory the name or brand families of any nonparticipating manufacturer that fails to provide the required certification or whose certification the Attorney General determines is not in compliance with § 16–503(c)(3) and (d) of this subtitle, unless the Attorney General has determined that the violation has been cured to the satisfaction of the Attorney General.

(2) Neither a tobacco product manufacturer nor a brand family may be included or retained in the directory if the Attorney General concludes, in the case of a nonparticipating manufacturer, that:

(i) any escrow payment required under § 16–403(a)(2) of this title (the Escrow Act) for any period for any brand family, whether or not listed by such nonparticipating manufacturer, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement that has been approved by the Attorney General; or

(ii) any outstanding final judgment, including interest on the judgment, for a violation of the Escrow Act has not been fully satisfied for the brand family or the manufacturer.

(3) The Attorney General shall update the directory as necessary in order to correct mistakes and to add or remove a tobacco product manufacturer or brand family to keep the directory in conformity with the requirements of this subtitle.

(4) Each licensed wholesaler shall provide and update as necessary an electronic mail address to the Attorney General for the purpose of receiving any notifications that may be required by this subtitle.

(c) A person may not:

(1) affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the directory; or

(2) sell, offer or possess for sale in this State, or import for personal consumption in this State, cigarettes of a tobacco product manufacturer or brand family not included in the directory.
Md. Code, Health - General § 16-405 — MD Code / Article ghg / Title 16 / Subtitle 4 / Section 16-405
§16–405.
Status: in_force

(a) In this section, “taxable income” has the meaning that federal law gives to it for purposes of the Internal Revenue Code.

(b) For purposes of § 16–404(b)(2) of this subtitle, the liability of a chargeable person for the cost of care of an individual with an intellectual disability shall be determined in accordance with either of the following schedules, at the option of the chargeable person.

Schedule A

Schedule Based on Gross Monthly Income

Gross Monthly

Income of Person Monthly Rate of Contribution

Liable for Support

At Less 2 3 4 5 6 7 8

Least Than Dep. Dep. Dep. Dep. Dep. Dep. Dep.

$ 500 –– 575 $16.00 $ ........ $ ........ $ ........ $ ........ $ ........ $ ........

������575 –– 650 22.40 16.00 ........ ........ ........ ........ ........

������650 –– 725 25.60 22.40 19.20 16.00 ........ ........ ........

������725 –– 800 32.00 28.80 22.40 19.20 16.00 ........ ........

������800 –– 875 35.20 32.00 28.80 25.60 22.40 16.00 ........

������875 –– 950 43.20 39.20 35.20 32.00 25.60 22.40 19.20

������950 –– 1025 56.00 49.60 43.20 35.20 32.00 28.80 25.60

����1025 –– 1100 72.00 64.00 49.60 43.20 39.20 35.20 32.00

����1100 –– 1175 88.00 72.00 64.00 56.00 49.60 43.20 35.20

����1175 –– 1250 91.00 88.00 80.00 72.00 64.00 49.60 43.20

����1250 –– 1325 94.00 94.00 91.00 88.00 72.00 64.00 56.00

����1325 –– 1400 94.00 94.00 94.00 91.00 88.00 80.00 72.00

����1400 –– 1475 94.00 94.00 94.00 94.00 94.00 91.00 88.00

����1475 –– 1550 94.00 94.00 94.00 94.00 94.00 94.00 91.00

����1550 and up 94.00 94.00 94.00 94.00 94.00 94.00 94.00

Schedule B

Schedule Based on Taxable Income Under

Federal Internal Revenue Code

Annual Taxable Income of

Person Liable for Support Monthly Rate of Contribution

At least $4,000 but less than $5,000 $16.00

At least $5,000 but less than $6,000 ����22.40

At least $6,000 but less than $7,000 ����28.80

At least $7,000 but less than $8,000 ����35.20

At least $8,000 but less than $9,000 ����43.20

At least $9,000 but less than $10,000 ����56.00

At least $10,000 but less than $11,000 ����72.00

At least $11,000 but less than $12,000 ����88.00

At least $12,000 ����94.00

(c) To establish the taxable income, the chargeable person shall provide either a copy of a federal income tax return or an affidavit as to the taxable income reported on that federal income tax return.

(d) Any modification of liability for charges based on a federal income tax return shall become effective as of July 1 in each calendar year.

(e) (1) Within the time that the Secretary sets and on the forms that the Secretary provides, each chargeable person shall elect the schedule under which the chargeable person is to be billed.

(2) The election is effective as of the day that the individual with an intellectual disability first is admitted for service and remains in force until changed by the chargeable person.

(3) A change in the election is effective on July 1 after the date on which the Department is notified of the change.

(4) If a person fails to elect within the time that the Secretary sets, the Secretary shall determine which schedule is to apply.

(f) A person whose taxable income is less than $4,000 a year may not be charged any amount under this section.

(g) For purposes of this section, both parents of an individual with an intellectual disability shall be considered a single responsible relative.
Md. Code, Local Government § 16-110 — MD Code / Article glg / Title 16 / Subtitle 1 / Section 16-110
§16–110.
Status: in_force

(a) This section applies to all counties except Baltimore City.

(b) The governing body of a county may impose a tax to provide funding to support the work of the soil conservation districts organized in its county under Title 8 of the Agriculture Article.

(c) The governing body of a county may make agreements for the use of money appropriated for a soil conservation district as the governing body considers advisable or necessary.
Md. Code, Commercial Law § 16A-101 — MD Code / Article gcl / Title 16A / Subtitle 1 / Section 16A-101
§16A–101.
Status: in_force

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

(2) “Authorized tow company” has the meaning stated in § 2–314 of the Public Safety Article.

(3) “Heavy–duty towing” has the meaning stated in § 2–314 of the Public Safety Article.

(4) “Medium–duty towing” has the meaning stated in § 2–314 of the Public Safety Article.

(5) “Police–initiated towing” has the meaning stated in § 2–314 of the Public Safety Article.

(6) “Tow list” has the meaning stated in § 2–314 of the Public Safety Article.

(b) (1) Title 16 of this article does not apply to police–initiated towing services by an authorized tow company.

(2) Police–initiated towing does not create a lien or security interest for the authorized tow company in any equipment, vehicle, or cargo.

(c) An authorized tow company shall provide a vehicle owner or operator or the owner’s designee with reasonable access to a vehicle that is the subject of a police–initiated towing so that the vehicle owner or operator or the owner’s designee may access and collect any personal property or cargo contained in the vehicle, regardless of whether any payment has been made for the authorized tow company’s services.

(d) (1) If there is no dispute as to the fees assessed by the authorized tow company for the police–initiated towing of a vehicle:

(i) The vehicle owner or operator or the owner’s designee shall pay the authorized tow company’s invoice; and

(ii) The authorized tow company shall release a vehicle and any cargo that was the subject of a police–initiated towing immediately.

(2) If there is a genuine dispute as to the reasonableness or amount of the fees assessed by an authorized tow company the authorized tow company shall release the cargo immediately to the owner or the owner’s authorized agent in accordance with this subsection on submission of:

(i) Proof of ownership if the cargo does not belong to the transportation company; or

(ii) If the cargo belongs to the transportation company:

1. A letter from the insurance company stating there is coverage for the relevant claim or accident and including, at minimum, a claim number, policy number, and policy limit; or

2. If an insurance policy required under item 1 of this item is not high enough to cover the cost of the cargo clean–up, a signed letter of guarantee from the transportation company.
Md. Code, Alcoholic Beverages and Cannabis § 16-1703 — MD Code / Article gab / Title 16 / Subtitle 17 / Section 16-1703
§16–1703.
Status: in_force

(a) The fee for a transfer of a license is $350, in addition to the costs of publication and notice.

(b) The fee is not refundable.
Md. Code, Education § 16-111 — MD Code / Article ged / Title 16 / Subtitle 1 / Section 16-111
§16–111.
Status: in_force

(a) In this section, “over–the–counter contraception” means a contraceptive drug or device approved by the federal Food and Drug Administration that can be obtained for use without a prescription.

(b) (1) On or before August 1, 2025, each community college, in consultation with students and student organizations, shall develop and implement a plan to provide students with access to over–the–counter contraception.

(2) The plan under paragraph (1) of this subsection shall include access to over–the–counter contraception through:

(i) The student health center;

(ii) Retail establishments on campus;

(iii) Vending machines; or

(iv) Any other method that provides all students access when on campus.

(c) (1) On or before September 1, 2025, and each September 1 thereafter, on a form provided by the Commission, each community college shall submit a report to the Commission on implementation of the plan required under this section, including:

(i) How students are provided access to over–the–counter contraception on campus;

(ii) Available information regarding the amount of over–the–counter contraception provided on campus; and

(iii) A description of how the community college has consulted with students and student organizations to develop and implement the plan under this section.

(2) On or before October 1, 2025, and each October 1 thereafter, the Commission shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the information collected from the community colleges under paragraph (1) of this subsection.

(d) The Maryland Department of Health, on request, may provide assistance to a community college in:

(1) Developing a plan under this section; and

(2) Consulting and collaborating with organizations with expertise in providing access to over–the–counter contraception through vending machines.
Md. Code, Insurance § 16-112 — MD Code / Article gin / Title 16 / Subtitle 1 / Section 16-112
§16–112.
Status: in_force

A life insurer may not deliver in the State, as part of or in combination with an insurance, endowment, or annuity contract, and additional to the rights, dividends, and benefits arising out of the contract, an agreement or plan that:

(1) provides for the accumulation of profits over a period of years and for payment of all or part of the accumulated profits only to members or policyholders of a designated group or class who continue as members or policyholders until the end of a specified period of years;

(2) provides that, on the death of anyone other than a beneficiary or an insured under the contract, the owner or beneficiary of the contract shall receive the payment or granting of anything of value;

(3) provides that all or part of the premiums or consideration for the contract, dividends, coupons, reserves, special reserves, excess interest, or money in excess of the normal reserve required to meet the contractual guarantees of the contract are to be placed or invested in special funds or segregated accounts without insurance or life contingency features, if the funds or earnings are divided among those taking the contract or their beneficiaries or assignees; or

(4) as an inducement to or in connection with the sale or acceptance of the contract, provides for:

(i) the sale, solicitation, or delivery of stock or shares of stock in a company;

(ii) a benefit certificate, securities, or special advisory board contract, or other similar contracts or resolutions; or

(iii) policy dividends bearing a stated relationship to dividends on the stock of a company.
Md. Code, Environment § 16-501 — MD Code / Article gen / Title 16 / Subtitle 5 / Section 16-501
§16–501.
Status: in_force

(a) Any person who violates any provision of this title is guilty of a misdemeanor. Unless another penalty is specifically provided elsewhere in this title, the person, upon conviction, is subject to a fine not exceeding $10,000, with costs imposed in the discretion of the court.

(b) Any person found guilty of a second or subsequent violation of any provision of this title, unless another penalty is specifically provided elsewhere in this title, is subject to a fine not exceeding $25,000, or imprisonment not exceeding 1 year, or both with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is a violation which has occurred within 2 years of any prior violation of this title.

(c) In addition to any administrative penalty provided in this title, violation of any provision of any permit or license issued under this title or of any regulation adopted by any unit within the Department under the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b) of this section.

(d) Any person who knowingly violates any provision of this title is liable to the State for restoration of the affected wetland to its condition prior to the violation, if possible. The court shall specify a reasonable time for completion of the restoration.

(e) (1) The provisions of this title are enforceable against any person charged with dredging or filling private wetlands without a permit, notwithstanding a defense that pertinent wetlands maps and regulations had not been properly filed among the land records, if the court finds that the person charged had actual notice of the applicable regulatory requirements before the person dredged or filled the private wetlands.

(2) This subsection shall apply only to dredging or filling activities occurring after July 1, 1981.
Md. Code, Business Occupations and Professions § 16-5B-14 — MD Code / Article gbo / Title 16 / Subtitle 5B / Section 16-5B-14
§16–5B–14.
Status: in_force

(a) Except in cases of breach of contract or substandard performance of services, an appraisal management company shall pay an appraiser for the completion of each appraisal or valuation assignment within 45 days after the appraiser provides the initial completed appraisal or valuation study to the appraisal management company or its assignee.

(b) (1) The Commission may bring a disciplinary action under § 16–701.2 of this title based on a violation of subsection (a) of this section.

(2) The Commission may not recommend criminal sanctions under § 16–706 of this title based solely on subsection (a) of this section.
Md. Code, Alcoholic Beverages and Cannabis § 16-602 — MD Code / Article gab / Title 16 / Subtitle 6 / Section 16-602
§16–602.
Status: in_force

(a) There is a Class B beer license.

(b) The license authorizes the license holder to sell beer at retail at a hotel or restaurant at the place described in the license for on– and off–premises consumption.

(c) The annual license fee is $130.
Md. Code, Alcoholic Beverages and Cannabis § 16-202 — MD Code / Article gab / Title 16 / Subtitle 2 / Section 16-202
§16–202.
Status: in_force

(a) The County Commissioners shall appoint three members to the Board.

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

(2) The terms of the regular members are staggered as required by the terms provided for members of the Board on July 1, 2016.

(c) The County Commissioners may remove a member for misconduct in office, incompetence, or willful neglect of duty.
Md. Code, Transportation § 16-203 — MD Code / Article gtr / Title 16 / Subtitle 2 / Section 16-203
§16–203.
Status: in_force

(a) In this section, “Child Support Administration” means the Child Support Administration of the Department of Human Services.

(b) On notification by the Child Support Administration in accordance with § 10–119 of the Family Law Article that an obligor is 120 days or more out of compliance with the most recent order of the court in making child support payments, the Administration:

(1) Shall suspend an obligor’s license or privilege to drive in the State; and

(2) May issue a work–restricted license or work–restricted privilege to drive.

(c) (1) Prior to the suspension of a license or the privilege to drive in the State and the issuance of a work–restricted license or work–restricted privilege to drive under subsection (b) of this section, the Administration shall send written notice of the proposed action to the obligor, including notice of the obligor’s right to contest the accuracy of the information.

(2) Any contest under this subsection shall be limited to whether the Administration has mistaken the identity of the obligor or the individual whose license or privilege to drive has been suspended.

(d) (1) An obligor may appeal a decision of the Administration to suspend the obligor’s license or privilege to drive.

(2) At a hearing under this subsection, the issue shall be limited to whether the Administration has mistaken the identity of the obligor or the individual whose license or privilege to drive has been suspended.

(e) The Administration shall reinstate an obligor’s license or privilege to drive in the State if:

(1) The Administration receives a court order to reinstate the license or privilege to drive; or

(2) The Child Support Administration notifies the Administration that:

(i) The individual whose license or privilege to drive was suspended is not in arrears in making child support payments;

(ii) The obligor has paid the support arrearage in full;

(iii) The obligor has demonstrated good faith by paying the ordered amount of support for 6 consecutive months;

(iv) The obligor is a participant in full compliance in an employment program approved by the Child Support Administration; or

(v) One of the grounds under § 10–119(c)(1)(i) of the Family Law Article exists.

(f) The Secretary of Transportation, in cooperation with the Secretary of Human Services and the Office of Administrative Hearings, shall adopt regulations to implement this section.
Md. Code, Insurance § 16-214 — MD Code / Article gin / Title 16 / Subtitle 2 / Section 16-214
§16–214.
Status: in_force

A policy of life insurance may include a rider or supplemental policy provision that offers an insured or certificate holder reimbursement or payment for long-term home health care or long-term care in a nursing home or other related institution:

(1) instead of or in addition to benefits payable because of the death of the insured or certificate holder; or

(2) instead of all or part of the cash surrender or other nonforfeiture value of the policy.
Md. Code, Land Use § 16-304 — MD Code / Article glu / Title 16 / Subtitle 3 / Section 16-304
§16–304.
Status: in_force

(a) An employee organization that is certified or that seeks certification as an exclusive representative under this subtitle shall:

(1) file with the Commission and the Labor Commissioner a copy of the employee organization’s constitution and bylaws; and

(2) report promptly any change in the constitution or bylaws.

(b) The constitution or bylaws shall include:

(1) a pledge that the employee organization accepts members without regard to age, race, sex, sexual orientation, gender identity, religion, marital status, or national origin;

(2) the right of members to participate in the affairs of the employee organization;

(3) procedures for periodic elections of officers by secret ballot;

(4) fair procedures governing disciplinary actions;

(5) procedures for the accurate accounting of income and expenditures;

(6) a requirement that an annual financial report be produced; and

(7) the right of members to inspect the employee organization’s accounts.

(c) An employee organization shall file an annual report with the Commission and the Labor Commissioner.

(d) The annual report shall include a financial report that:

(1) is signed by the president and treasurer or corresponding principal officers of the employee organization; and

(2) contains information in detail sufficient to accurately disclose the financial condition and operations of the employee organization.

(e) An employee organization that has not filed an annual report or the constitution and bylaws of which do not conform to the requirements of subsection (b) of this section may not be or remain certified as an exclusive representative under this subtitle.
Md. Code, Health Occupations § 16-315 — MD Code / Article gho / Title 16 / Subtitle 3 / Section 16-315
§16–315.
Status: in_force

(a) Except as provided in this section for an action under § 16–311 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.

(b) Any person aggrieved by a final decision of the Board under § 16–311 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.
Md. Code, Insurance § 16-211 — MD Code / Article gin / Title 16 / Subtitle 2 / Section 16-211
§16–211.
Status: in_force

(a) Each policy of life insurance shall contain a provision that when benefits become payable because of the death of the insured, settlement shall be made on receipt of proof of death and, at the insurer’s option, on surrender of the policy, proof of the interest of the claimant, or both.

(b) The provision also shall state that benefits include the refund of premiums paid after the month in which death occurred.
Md. Code, Alcoholic Beverages and Cannabis § 16-902 — MD Code / Article gab / Title 16 / Subtitle 9 / Section 16-902
§16–902.
Status: in_force

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

(b) The Board may issue the license for use by:

(1) a hotel that:

(i) accommodates the public by providing service ordinarily found in hotels;

(ii) has:

1. at least 25 rooms;

2. a lobby with registration and mail desk; and

3. a dining room that serves full–course meals at least twice daily and that has regular seating at tables, including not more than 15 seats at bars or counters, for at least 50 individuals; and

(iii) is operated in facilities that are valued for State and local assessment and taxation at not less than $50,000; or

(2) a restaurant that:

(i) is open for business at least 5 days a week and serves at least:

1. two full–course meals each day it is open from Monday to Friday; and

2. one full–course meal each day it is open on Saturday and Sunday;

(ii) has regular seating at tables, including not more than 15 seats at bars or counters, for at least 50 individuals; and

(iii) is operated in facilities that are valued for State and local assessment and taxation at not less than $50,000.

(c) (1) In this subsection, “premises” means an area:

(i) inside the restaurant where meals are prepared and served; or

(ii) outside the restaurant that is approved in writing by the Board.

(2) The license authorizes the license holder to sell:

(i) beer, wine, and liquor for on–premises consumption;

(ii) beer for off–premises consumption 7 days a week; and

(iii) wine for off–premises consumption 7 days a week if:

1. the area used to prepare and consume food and beverages occupies at least 90% of the square footage of the licensed premises; and

2. the license holder does not sell more than six bottles of wine to an individual at one time.

(d) (1) If a license application is made for a new or improved building, on request by the Board the supervisor of assessments shall assess the building and advise the Board of the valuation of the building for assessment and taxation.

(2) The valuation of the building for assessment and taxation does not affect the renewal or transfer of a Class B license issued before May 1, 1979.

(e) The annual license fee is $1,500.
Md. Code, Transportation § 16-601.1 — MD Code / Article gtr / Title 16 / Subtitle 6 / Section 16-601.1
§16–601.
Status: in_force

§16–601.1.

It is the intent of the General Assembly that the Administration:

(1) Promote motorcycle safety;

(2) Provide access to motorcycle safety courses; and

(3) Maintain a staff that is sufficient for the implementation and administration of the Motorcycle Safety Program established under this subtitle.
Md. Code, Housing and Community Development § 16-309 — MD Code / Article ghs / Title 16 / Subtitle 3 / Section 16-309
§16–309.
Status: in_force

(a) If a party considers that a bargaining proposal contravenes the rights and duties of the Montgomery Commission under § 16–314 of this subtitle or otherwise violates this subtitle, the party shall petition the labor relations administrator for a determination of whether the bargaining proposal is a negotiability dispute that contravenes this subtitle.

(b) (1) Except as provided in paragraph (2) of this subsection, the procedure for resolving a negotiability dispute shall follow the procedure for reviewing unfair labor practice charges.

(2) The labor relations administrator may shorten the time periods or order any expedited procedure appropriate under the circumstances.

(c) The labor relations administrator may order a party to withdraw all or part of a bargaining proposal that contravenes this subtitle.

(d) A decision and order under this section is final unless it is appealed for being arbitrary, capricious, or exceeding the authority of a party.
Md. Code, Education § 16-320 — MD Code / Article ged / Title 16 / Subtitle 3 / Section 16-320
§16–320.
Status: in_force

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

(2) “Community college” includes Baltimore City Community College.

(3) “Eligible project” means a facility renewal project, including improvements, repairs, and deferred maintenance, that has a total estimated cost of not more than $1,000,000 and has been submitted to the Commission as part of an annual master plan or a 10–year master plan.

(4) “Program” means the Community College Facilities Renewal Grant Program.

(b) (1) There is a Community College Facilities Renewal Grant Program that shall provide State funds to community colleges for improvements, repairs, and deferred maintenance projects in accordance with this section.

(2) The Commission shall administer the Program.

(c) (1) (i) In fiscal years 2019 through 2021, the Governor shall annually appropriate in the operating budget of the Commission an amount equal to 5% of the appropriation to the Community College Construction Grant Program in the same fiscal year.

(ii) In fiscal year 2022 and each fiscal year thereafter, the Governor shall annually appropriate in the operating or capital budget of the Commission an amount equal to 5% of the appropriation to the Community College Construction Grant Program in the same fiscal year.

(2) The appropriation required under paragraph (1) of this subsection shall be in addition to and may not supplant the amount appropriated to the Community College Construction Grant Program in the State budget.

(d) (1) On or before September 1 of the fiscal year preceding the fiscal year of the grant award, a community college shall provide to the Commission information about the eligible project for which the community college is requesting a grant.

(2) (i) The Commission may make up to eight grants in each fiscal year.

(ii) 1. Subject to subsubparagraph 2 of this subparagraph, a community college may not receive a grant in 2 consecutive fiscal years.

2. If a community college does not request funds in a fiscal year, the community college may not receive a grant until the second following fiscal year.

(iii) 1. Subject to subsubparagraph 2 of this subparagraph, a community college may not receive more than $500,000 in a fiscal year under the Program.

2. If the appropriation provided under subsection (c) of this section is less than $4,000,000 in a fiscal year, the appropriation shall be awarded equally to each community college that is eligible for a grant in that fiscal year.

3. Subject to the limitation established in subsubparagraph 1 of this subparagraph, a community college may receive funding for more than one eligible project in a fiscal year.

(iv) The Commission shall consult with each community college to determine which community colleges will receive a grant for eligible projects under the Program in each fiscal year.

(e) The Commission, in collaboration with the community colleges, shall adopt any regulations necessary to carry out the provisions of this section.
Md. Code, Environment § 16-106 — MD Code / Article gen / Title 16 / Subtitle 1 / Section 16-106
§16–106.
Status: in_force

(a) (1) A person that undertakes or authorizes an activity that requires a license or permit under this title shall:

(i) Hire a licensed marine contractor to do the work; or

(ii) Be a licensed marine contractor.

(2) Notwithstanding any other provision of law, a residential or commercial property owner shall be exempt from the requirement to be or to hire a licensed marine contractor under subsection (a) of this section if:

(i) The property owner performs marine contractor services on the property owner’s own property; and

(ii) The property owner obtains the necessary tidal wetlands licenses or permits required under this title.

(b) (1) A person who violates subsection (a) of this section or any regulation adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both.

(2) Each day that a person conducts marine contractor services without a license constitutes a separate offense.

(c) (1) In addition to any other sanction under this section, a civil action may be brought against a person for a violation of subsection (a) of this section or any regulation adopted under this section.

(2) A person may be liable for a civil penalty under this subsection not to exceed $10,000 for each violation.

(d) Any penalties collected under this section shall be paid into the Wetlands and Waterways Program Fund established under § 5–203.1 of this article, for the administration of the Marine Contractors Licensing Board established under Title 17 of this article.

(e) The Department shall adopt regulations to administer and enforce the provisions of this section.
Md. Code, Land Use § 16-502 — MD Code / Article glu / Title 16 / Subtitle 5 / Section 16-502
§16–502.
Status: in_force

This subtitle applies only in Prince George’s County.
Md. Code, Transportation § 16-407 — MD Code / Article gtr / Title 16 / Subtitle 4 / Section 16-407
§16–407.
Status: in_force

A point assessed under this subtitle shall be retained for a period of 2 years from the date of violation.
Md. Code, Housing and Community Development § 16-313 — MD Code / Article ghs / Title 16 / Subtitle 3 / Section 16-313
§16–313.
Status: in_force

(a) The Montgomery Commission shall include in its annual proposed operating budget adequate funding to carry out a collective bargaining agreement.

(b) (1) Unless the Montgomery Commission’s budget is funded adequately to carry out the terms of the collective bargaining agreement, the Montgomery Commission and the employee organization shall reopen the negotiated agreement and bargain about the provisions of the agreement not approved by the Montgomery Commission.

(2) The bargaining shall begin within 5 days after the final budget of the Montgomery Commission has been adopted.
Md. Code, Business Occupations and Professions § 16-5B-08 — MD Code / Article gbo / Title 16 / Subtitle 5B / Section 16-5B-08
§16–5B–08.
Status: in_force

(a) An appraisal management company shall require that an appraiser confirm in writing or via electronic means that an appraiser receiving the assignment is a competent appraiser for the performance of the appraisal being assigned.

(b) An appraisal management company that has complied with subsection (a) of this section in relation to an assignment may not be held liable for a violation of this subtitle in relation to that assignment if the Commission subsequently determines that the appraiser completing the assignment violated the competency rule of the Uniform Standards of Professional Appraisal Practice.

(c) An employee of or independent contractor to the appraisal management company that performs an appraisal review on a property located in the State shall be an appraiser licensed or certified in the State.

(d) An appraisal management company may not enter into any agreements with an appraiser for the performance of appraisals in conjunction with federally related transactions unless it verifies that the appraiser is licensed or certified to perform the appraisal under this subtitle.
Md. Code, Education § 16-505.3 — MD Code / Article ged / Title 16 / Subtitle 5 / Section 16-505.3
§16–505.
Status: in_force

§16–505.3.

(a) (1) Except as provided in § 11–203(e) of the State Finance and Procurement Article, the College is exempt from Division II of the State Finance and Procurement Article.

(2) (i) Subject to review and approval by the Board of Public Works and the Joint Committee on Administrative, Executive, and Legislative Review of the General Assembly, the Board of Trustees shall develop policies and procedures governing procurements by the College, including policies and procedures governing conflict of interest issues.

(ii) The policies and procedures developed under subparagraph (i) of this paragraph shall promote the purposes of State procurement law as set forth in § 11–201 of the State Finance and Procurement Article.

(b) (1) The Board of Trustees shall develop an information technology plan for the College that includes information technology policies and standards, including policies and standards for information management and telecommunication systems.

(2) The information technology plan developed under paragraph (1) of this subsection shall be functionally compatible with the statewide information technology master plan established under Title 3A, Subtitle 3 of the State Finance and Procurement Article and meet the requirements of § 16–505(c)(1)(x) of this subtitle.
Md. Code, Health - General § 16-201.4 — MD Code / Article ghg / Title 16 / Subtitle 2 / Section 16-201.4
§16–201.
Status: in_force

§16–201.4.

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

(2) “Provider” means a provider of:

(i) Nursing home services;

(ii) Medical day care services;

(iii) Private duty nursing services;

(iv) Personal care services;

(v) Home– and community–based services; and

(vi) Services provided through the Community First Choice program.

(3) “Rate” means the reimbursement rate paid by the Department to providers of nursing home, medical day care, private duty nursing, personal care, and home– and community–based services and services provided through the Community First Choice program from the State General Fund, Maryland Medical Assistance Program funds, other State or federal funds, or a combination of these funds.

(b) (1) The Governor’s proposed budget for fiscal year 2021 shall include a 4% rate increase for providers over the funding provided in the legislative appropriation for the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider Reimbursements – Medical Care Programs Administration and Program M00Q01.07 Maryland Children’s Health Program – Medical Care Programs Administration.

(2) The Governor’s proposed budget for fiscal year 2022 shall include a 4% rate increase for providers over the funding provided in the legislative appropriation for the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider Reimbursements – Medical Care Programs Administration and Program M00Q01.07 Maryland Children’s Health Program – Medical Care Programs Administration.

(3) The Governor’s proposed budget for fiscal year 2023 shall include a 4% rate increase for providers over the funding provided in the legislative appropriation for the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider Reimbursements – Medical Care Programs Administration and Program M00Q01.07 Maryland Children’s Health Program – Medical Care Programs Administration.

(4) The Governor’s proposed budget for fiscal year 2024 shall include a 4% rate increase for providers over the funding provided in the legislative appropriation for the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider Reimbursements – Medical Care Programs Administration and Program M00Q01.07 Maryland Children’s Health Program – Medical Care Programs Administration.

(5) The Governor’s proposed budget for fiscal year 2021 and each fiscal year thereafter shall be presented in the same manner, including object and program information, as in the fiscal year 2020 budget.
Md. Code, Transportation § 16-801 — MD Code / Article gtr / Title 16 / Subtitle 8 / Section 16-801
§16–801.
Status: in_force

This subtitle may be cited as the Maryland Commercial Driver’s License Act.
Md. Code, Education § 16-409 — MD Code / Article ged / Title 16 / Subtitle 4 / Section 16-409
§16–409.
Status: reserved

(a) The Boards of Directors of the Harford Educational Foundation and of the Harford Community College Foundation, Inc. have the authority to effect a merger of the two corporations under the provisions of Title 3 of the Corporations and Associations Article.

(b) The articles of merger shall:

(1) Be in writing;

(2) Be filed with the State Department of Assessments and Taxation;

(3) Be recorded with the corporate records of the Circuit Court in Harford County; and

(4) Otherwise conform to the requirements of the State Department of Assessments and Taxation, as provided in the Corporations and Associations Article.

(c) After the merger, the Harford Community College Foundation, Inc. shall be the sole surviving corporation.

(d) The articles of merger shall provide that:

(1) The Board of Directors of the Harford Educational Foundation transfer the corporate assets to the Harford Community College Foundation, Inc.;

(2) The Harford Community College Foundation, Inc. administer the assets of the Harford Educational Foundation as a revolving loan fund;

(3) The Harford Community College pay all the costs to administer the revolving loan fund;

(4) In the event of a default by a student on a loan from the revolving loan fund, at the end of the fiscal year in which the default occurred, the Harford Community College Foundation, Inc. shall transfer to the revolving loan fund an amount equal to the amount of the defaulted loan; and

(5) In addition to any other powers granted and duties imposed on it, the Harford Community College Foundation, Inc. shall:

(i) Act as trustee for the funds transferred from the Harford Educational Foundation under the trust agreements made between the donors and the Harford Educational Foundation;

(ii) Rename the Harford Educational Foundation the Harford Community College Student Loan Fund;

(iii) Accept funds by grant, gift, devise, or bequest from individuals and corporations to the Harford Community College Student Loan Fund to ensure the ability to promote scholarship; and

(iv) Administer funds accepted into the Harford Community College Student Loan Fund strictly in accordance with the purposes of the Fund.

(e) (1) The Harford Community College Foundation, Inc. shall report its activities for the preceding year annually to the County Executive and County Council of Harford County.

(2) The finances of the Foundation are subject to annual audit, including the preparation of separate balance sheets for the Harford Community College Foundation, Inc. and the Harford Community College Student Loan Fund.

(f) The Harford Community College Foundation, Inc. is exempt from the provisions of:

(1) Bank licensing acts; and

(2) Title 11, Subtitles 2 and 3 of the Financial Institutions Article.
Md. Code, Business Regulation § 16-209 — MD Code / Article gbr / Title 16 / Subtitle 2 / Section 16-209
§16–209.
Status: in_force

(a) A licensee shall display a license in the way that the Executive Director requires by regulation.

(b) A licensee who sells cigarettes through a vending machine:

(1) shall place each package of cigarettes in the machine so that when the package is visible the tax stamps required by § 12–304 of the Tax – General Article are also visible; and

(2) in the way that the Executive Director requires by regulation, shall:

(i) identify each vending machine with a conspicuous label that states the licensee’s name, address, and telephone number; and

(ii) display on a conspicuous label applicable prohibitions and penalties under § 10–107 of the Criminal Law Article.

(c) (1) A licensee shall post a sign in a location that is clearly visible to the consumer that states:

“No person under the age of 21 may be sold tobacco products”.

(2) The sign required under this subsection shall be written in letters at least one–half inch high.
Md. Code, Land Use § 16-204 — MD Code / Article glu / Title 16 / Subtitle 2 / Section 16-204
§16–204.
Status: in_force

(a) An employee organization that is certified or that seeks certification as an exclusive representative under this subtitle shall submit to the labor relations administrator:

(1) a copy of the employee organization’s constitution and bylaws; and

(2) any change in the constitution or bylaws.

(b) The constitution or bylaws shall include:

(1) a pledge that the employee organization accepts members without regard to age, marital status, national origin, race, religion, disability, sex, sexual orientation, or gender identity;

(2) the right of members to participate in the affairs of the employee organization;

(3) procedures for periodic elections of officers by secret ballot;

(4) fair procedures governing disciplinary actions;

(5) procedures for the accurate accounting of income and expenditures;

(6) a requirement that a certified annual financial report be produced; and

(7) the right of members to inspect the organization’s accounts.
Md. Code, Education § 16-505.1 — MD Code / Article ged / Title 16 / Subtitle 5 / Section 16-505.1
§16–505.
Status: in_force

§16–505.1.

At a minimum, the President of the College shall meet the following criteria:

(1) A commitment to lifelong learning and achievement;

(2) Academic leadership skills to determine future priorities, strategic initiatives, new programs or methods of program delivery, and evaluation of accountability for current programs;

(3) The vision and skills to develop and implement a focus, vision, and strategies for the College that address the critical academic, career, and continuing education roles of the College;

(4) The ability to articulate effectively the College’s focus, vision, and strategies for the future to a wide range of stakeholders and the public;

(5) The ability to develop new and improved partnerships between the College and Baltimore City, the Baltimore City Public School System, institutions of higher education located in Baltimore City, business and workforce sectors, religious, civic, and professional communities, and the State;

(6) The ability to enhance the College’s role in the continuing economic and workforce development of the region, including upgrading the skills of young people and adults to obtain employment that supports families and attracts new employers to the region; and

(7) A dedication to serving all of the stakeholders of the College in Baltimore City and the State.
Md. Code, Business Occupations and Professions § 16-702 — MD Code / Article gbo / Title 16 / Subtitle 7 / Section 16-702
§16–702.
Status: in_force

After June 30, 1991, and except as otherwise provided in this title, a person may not provide, attempt to provide, or offer to provide real estate appraisal services in the State unless licensed by the Commission as a real estate appraiser.
Md. Code, Alcoholic Beverages and Cannabis § 16-1304 — MD Code / Article gab / Title 16 / Subtitle 13 / Section 16-1304
§16–1304.
Status: in_force

(a) There is a beer festival license.

(b) The Board may issue the license to a holder of a retail license, Class 5 brewery license, Class 7 micro–brewery license, or Class 8 farm brewery license.

(c) The license authorizes the holder to display and sell beer.

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

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

(2) during the hours and days designated for the beer festival.

(e) The Board shall:

(1) choose 1 weekend for the beer festival that does not fall on the dates chosen for the Anne Arundel Beer and Wine Festival, the Cumberland and Shenandoah Valley Wine Festival in Washington County, or the Maryland Wine Festival in Carroll County;

(2) choose a location that is not already licensed; and

(3) ensure that the primary focus of the beer festival is the promotion of Maryland beer.

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

(g) The license fee is $50 for a 1–day or 2–day festival.

(h) The Board shall adopt regulations to carry out this section.
Md. Code, Education § 16-105 — MD Code / Article ged / Title 16 / Subtitle 1 / Section 16-105
§16–105.
Status: in_force

(a) Notwithstanding the provisions of § 16-104 of this subtitle, the provisions of this section shall apply only in Baltimore County.

(b) There is a Community College of Baltimore County consisting of the following three campuses:

(1) The Catonsville Campus;

(2) The Dundalk Campus; and

(3) The Essex Campus.

(c) The Board of Trustees for Baltimore County shall appoint a President of the Community College of Baltimore County who shall serve at the pleasure of the Board.

(d) The President:

(1) Shall report directly to the Board of Trustees;

(2) Shall recommend the appointment by the Board of qualified faculty members and other employees necessary for the efficient administration of the Community College of Baltimore County;

(3) Shall recommend the discharge of employees for good cause; however, any employee with tenure shall be given reasonable notice of the grounds for dismissal and an opportunity to be heard;

(4) Is responsible for the administration and supervision of the administrators, employees, and departments of the campuses of the Community College of Baltimore County in accordance with the policy manual of the Community College of Baltimore County as adopted from time to time by the Board of Trustees; and

(5) Shall attend all meetings of the Board, except those involving the President’s personal position.

(e) Upon the recommendation of the President, the Board of Trustees may appoint a vice president, provost, and administrator of each campus under its jurisdiction.

(f) The vice presidents, provosts, and administrators of each campus shall report directly to the President.

(g) Notwithstanding the provisions of § 16-102(a)(2) of this subtitle, the Board of Trustees may choose the President to serve as Secretary-Treasurer of the Board.

(h) (1) Notwithstanding the provisions of § 16-103(f)(2) of this subtitle, the Board of Trustees may, by resolution, authorize the President to sign legal documents on behalf of the Board of Trustees including documents related to the disposition of assets or property of the community college.

(2) The resolution may:

(i) Authorize the President to delegate the authority given to the President under paragraph (1) of this subsection to designees that the Board of Trustees considers appropriate; and

(ii) Limit the type of legal documents that the President may delegate to a designee for signature.

(i) Notwithstanding the provisions of § 16-103(m) of this subtitle, the Board of Trustees shall be styled “the Board of Trustees of the Community College of Baltimore County”.
Md. Code, Housing and Community Development § 16-306 — MD Code / Article ghs / Title 16 / Subtitle 3 / Section 16-306
§16–306.
Status: in_force

(a) The labor relations administrator shall hold an election for an exclusive representative after:

(1) an employee organization shows by petition that at least 30% of the eligible employees in a bargaining unit support representation by an exclusive representative for collective bargaining; or

(2) an employee or an employee organization shows by petition that at least 30% of the eligible employees in a bargaining unit no longer support the current exclusive representative.

(b) (1) Elections may not be held:

(i) within 1 year after the date of an election under this subtitle; or

(ii) except as provided in paragraph (2) of this subsection, during the term of a collective bargaining agreement.

(2) During the term of a collective bargaining agreement, a petition for an election may be filed only in November of the fiscal year in which the agreement expires.

(c) (1) At least 30 days before an election under subsection (a) of this section, the labor relations administrator shall get from the Montgomery Commission and provide to the employee organization a list of the name, home address, and telephone number of each employee in the bargaining unit.

(2) Providing a list under this subsection by the Montgomery Commission, the labor relations administrator, or any Montgomery Commission officials, employees, or other agents does not violate § 4–331 of the General Provisions Article or any State or local law.

(d) An election shall be held by secret ballot.

(e) The ballot shall contain:

(1) the name of each employee organization that submits a valid petition for an election;

(2) the name of any other employee organization supported by a petition signed by at least 10% of the eligible employees in the bargaining unit; and

(3) an option for no representation.

(f) (1) If a petition described in subsection (a)(1) is submitted at the same time that a petition described in subsection (a)(2) is submitted, one election shall be held to determine which employee organization, if any, shall be the exclusive representative.

(2) The ballot shall contain:

(i) the name of the current certified employee organization;

(ii) the name of the petitioning employee organization; and

(iii) a provision for “No representation”.

(g) If none of the choices on the ballot receives a majority of the votes, the labor relations administrator shall hold a runoff election between the two choices receiving the most votes.

(h) (1) After the election, the labor relations administrator shall certify the employee organization with the most votes as the exclusive representative.

(2) If the petitioning employee organization is certified as a result of an election carried out under subsection (f) of this section, that employee organization shall be treated as a successor in interest and party to any collective bargaining agreement to which the previous employee organization was a party.

(i) The Montgomery Commission and the employee organization shall share the costs of the election procedures equally.
Md. Code, Land Use § 16-216 — MD Code / Article glu / Title 16 / Subtitle 2 / Section 16-216
§16–216.
Status: in_force

(a) Employees of the Commission shall retain the right to:

(1) form, join, or assist an employee organization;

(2) bargain collectively through a representative that the employees have chosen;

(3) engage in other lawful concerted activities for the purpose of collective bargaining; or

(4) refrain from an activity described in this subsection.

(b) An employee may only present a grievance arising under a collective bargaining agreement to the Commission through the employee organization certified as the exclusive representative for the bargaining unit.
Md. Code, Housing and Community Development § 16-108 — MD Code / Article ghs / Title 16 / Subtitle 1 / Section 16-108
§16–108.
Status: in_force

(a) An individual or family qualifies as a person of eligible income if the individual or family lacks enough income or assets without financial assistance to live in decent, safe, and sanitary housing without overcrowding.

(b) (1) The County Executive, or the County Executive’s designee, shall determine whether an individual or family qualifies as a person of eligible income.

(2) For elderly individuals, individuals with disabilities, and other individuals or families with special needs, the County Executive or the County Executive’s designee may adjust the requirements for qualifying as a person of eligible income if the County Executive or designee considers that other standards are more appropriate to achieve the public purposes stated in this subtitle.

(3) A determination made under this subsection is conclusive of the matters determined.

(c) (1) The County Executive may change the definition of “person of eligible income” by issuing a proposed regulation.

(2) The regulation shall take effect only after a public hearing held in accordance with procedures established by the County Council.
Md. Code, Business Occupations and Professions § 16-220 — MD Code / Article gbo / Title 16 / Subtitle 2 / Section 16-220
§16–220.
Status: in_force

All regulations adopted under this title by the Commission applicable to the provision of real estate appraisal services shall comply with the requirements of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
Md. Code, Land Use § 16-203 — MD Code / Article glu / Title 16 / Subtitle 2 / Section 16-203
§16–203.
Status: in_force

(a) After a public hearing on the appointment, the Commission shall appoint an experienced neutral third party to serve as labor relations administrator for an initial term of 1 year.

(b) After the term of the labor relations administrator appointed under subsection (a) of this section expires, the exclusive representative and the Commission shall appoint a labor relations administrator for a 2–year term from a list of five nominees on whom they have agreed.

(c) After the term of the labor relations administrator appointed under subsection (a) of this section expires and after a public hearing on the appointment, if no exclusive representative has been certified under this section, the Commission shall appoint the next labor relations administrator for a term not exceeding 1 year.

(d) A labor relations administrator is eligible for reappointment.
Md. Code, Education § 16-104 — MD Code / Article ged / Title 16 / Subtitle 1 / Section 16-104
§16–104.
Status: in_force

(a) Except as provided in § 16–105 of this subtitle, each board of trustees shall appoint a president of each community college under its jurisdiction.

(b) The president:

(1) Shall report directly to the board of trustees;

(2) Shall recommend the appointment by the board of qualified faculty members and other employees necessary for the efficient administration of the community college;

(3) Shall recommend the discharge of employees for good cause; however, any employee with tenure shall be given reasonable notice of the grounds for dismissal and an opportunity to be heard;

(4) Is responsible for the conduct of the community college and for the administration and supervision of its departments; and

(5) Shall attend all meetings of the board, except those involving the president’s personal position as president.
Md. Code, Health - General § 16-101 — MD Code / Article ghg / Title 16 / Subtitle 1 / Section 16-101
§16–101.
Status: in_force

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

(b) (1) As to a recipient of services under the Maryland Developmental Disabilities Law, a word used in this title has the same meaning as is indicated by a definition of the word in § 7–101 of this article.

(2) As to a recipient of services under the Maryland Mental Health Law, a word used in this title has the same meaning as is indicated by a definition of the word in § 7.5–101 or § 10–101 of this article.

(c) “Chargeable person” means:

(1) Any responsible relative;

(2) Except for a recipient of services, any other person who is legally responsible for the care of the individual; and

(3) Any person who maintains a policy of health insurance under which a recipient of services is insured.

(d) (1) “Cost of care” means the cost of care, maintenance, treatment, and support of a recipient of services.

(2) “Cost of care” includes the cost of:

(i) An evaluation of an individual required under the Maryland Developmental Disabilities Law; and

(ii) Any juvenile screening or treatment service provided to an individual under § 9–227(b)(1)(ii) of the Human Services Article.

(e) (1) “Recipient of services” means an individual who receives care, maintenance, treatment, or support in a facility or program that is operated or funded wholly or partly by the Department.

(2) “Recipient of services” includes:

(i) An individual in a public facility under the Maryland Mental Health Law;

(ii) An individual in a facility for an evaluation required under the Maryland Developmental Disabilities Law;

(iii) An individual in a residential, public facility or a facility from which this State obtains residential care under the Maryland Developmental Disabilities Law;

(iv) An individual to whom juvenile screening or treatment services are provided under § 9–227(b)(1)(ii) of the Human Services Article; and

(v) An individual in a private therapeutic group home from which this State obtains residential care under the Maryland Mental Health Law.

(f) “Responsible relative” means:

(1) The spouse of a recipient of services; and

(2) The parents of a recipient of services who is a minor.
Md. Code, Health Occupations § 16-101 — MD Code / Article gho / Title 16 / Subtitle 1 / Section 16-101
§16–101.
Status: in_force

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

(b) “Board” means the State Board of Podiatric Medical Examiners.

(c) “License” means, unless the context requires otherwise, a license issued by the Board to practice podiatry.

(d) “Licensed podiatrist” means, unless the context requires otherwise, a podiatrist who is licensed by the Board to practice podiatry.

(e) “Podiatrist” means an individual who practices podiatry.

(f) (1) “Practice podiatry” means to diagnose or surgically, medically, or mechanically treat the human foot or ankle, the anatomical structures that attach to the human foot, or the soft tissue below the mid–calf.

(2) “Practice podiatry” does not include administration of an anesthetic, other than a local anesthetic.
Md. Code, Local Government § 16-305 — MD Code / Article glg / Title 16 / Subtitle 3 / Section 16-305
§16–305.
Status: in_force

(a) Except as provided in subsection (b) of this section, each county, municipality, and special taxing district created by the State shall have its financial records audited at least once each fiscal year by the persons and for the purposes specified in this section and §§ 16–307 and 16–308 of this subtitle.

(b) (1) Unless the Legislative Auditor determines, on a case–by–case basis, that more frequent audits are required, the Legislative Auditor may authorize a municipality or a special taxing district created by the State with annual revenues of less than $250,000 in the prior 4 fiscal years to have an audit conducted once every 4 years.

(2) Notwithstanding paragraph (1) of this subsection and except as provided in subsection (e) of this section, a municipality is exempt from the audit requirements of subsection (a) of this section for any fiscal year in which the municipal annual revenues are less than $100,000.

(c) (1) The audit required under subsection (a) of this section shall be conducted by a certified public accountant:

(i) acting in the capacity of an independent auditor or an official auditor of a county or municipality; and

(ii) who is in compliance with the Maryland Public Accountancy Act.

(2) An official auditor must be approved by the Legislative Auditor to conduct the audit.

(3) In conducting the audit, the auditor shall examine the methods, accuracy, and legality of the financial records of the county, municipality, or special taxing district.

(d) (1) On the initiative of the Legislative Auditor, the Legislative Auditor may review or audit the financial records of any county, municipality, or special taxing district created by the State.

(2) A county, municipality, or special taxing district created by the State may request the Legislative Auditor to audit its financial records.

(e) (1) An audit exemption for a municipality under subsection (b)(2) of this section does not affect the requirement of that municipality to file with the Department of Legislative Services a financial report in accordance with § 16–304 of this subtitle.

(2) If the financial report submitted in accordance with § 16–304 of this subtitle by a municipality that has an audit exemption under subsection (b)(2) of this section indicates a financial or accounting irregularity or concern, the Joint Audit and Evaluation Committee may request or require the municipality to conduct a review or audit of its financial records consistent with the requirements of subsection (c) of this section.
Md. Code, Alcoholic Beverages and Cannabis § 16-1101 — MD Code / Article gab / Title 16 / Subtitle 11 / Section 16-1101
§16–1101.
Status: in_force

(a) The following sections of Title 4, Subtitle 11 (“Additional License Privileges”) of Division I of this article apply in the county without exception or variation:

(1) § 4–1102 (“Corkage — Consuming wine not purchased from license holder on licensed premises”); and

(2) § 4–1103 (“Removal of partially consumed bottle of wine from licensed premises”).

(b) Section 4–1105 (“Refillable container permit — Wine”) of Division I of this article does not apply in the county.

(c) The following sections of Title 4, Subtitle 11 (“Additional License Privileges”) of Division I of this article apply in the county:

(1) § 4–1104 (“Refillable container permit — Draft beer”), subject to § 16–1102 of this subtitle; and

(2) § 4–1106 (“Nonrefillable container permit –– Draft beer”), subject to § 16–1103 of this subtitle.
Md. Code, Education § 16-406 — MD Code / Article ged / Title 16 / Subtitle 4 / Section 16-406
§16–406.
Status: in_force

(a) (1) The Board of Trustees of Chesapeake College consists of two members from each county that supports Chesapeake College who shall be appointed by the Governor, with the advice and consent of the House of Delegates.

(2) The county superintendents of schools in the region are not ex officio members.

(b) (1) (i) The term of a member is 5 years and begins on July 1.

(ii) A member continues to serve until a successor is appointed and qualifies.

(2) (i) Subject to subparagraph (ii) of this paragraph, a member appointed to begin a full term on or after July 1, 2006, may not serve for more than three 5-year full terms.

(ii) A term of a member that began before July 1, 2006, does not count toward the term limit established in subparagraph (i) of this paragraph.

(c) Each member of the Board:

(1) Serves without compensation; and

(2) Is entitled to reimbursement for expenses in accordance with applicable travel regulations.
Md. Code, Insurance § 16-201 — MD Code / Article gin / Title 16 / Subtitle 2 / Section 16-201
§16–201.
Status: in_force

(a) Except as otherwise provided in this section, a policy of life insurance may not be delivered or issued for delivery in the State unless it contains in substance each applicable provision required by §§ 16-202 through 16-213 of this subtitle.

(b) This section does not apply to:

(1) group life insurance;

(2) pure endowments;

(3) annuity contracts; or

(4) a provision of a policy of life insurance or contract supplemental to the policy that relates to disability benefits or to additional benefits for death by accident or accidental means.

(c) To the extent that a provision or part of a provision required by this subtitle does not apply to a single premium or term policy, the provision or part of the provision need not be included in the policy.
Md. Code, Insurance § 16-109 — MD Code / Article gin / Title 16 / Subtitle 1 / Section 16-109
§16–109.
Status: in_force

(a) Except as provided in subsection (b) of this section, interest on benefits payable under a policy of life insurance issued in the State accrues and is payable from the date of death of the insured to the date the proceeds of the policy are paid.

(b) (1) An insurer need not pay interest on benefits if the proceeds of the policy are paid within 30 days after the date of death of the insured.

(2) If proof of death is submitted to the insurer more than 180 days after the date of death of the insured, interest accrues and is payable from the date on which proof of death is submitted to the date on which the proceeds of the policy are paid.

(c) Interest under this section accrues and is payable at a rate not less than the rate of interest payable on death proceeds left on deposit with the insurer.
Md. Code, Commercial Law § 16-206 — MD Code / Article gcl / Title 16 / Subtitle 2 / Section 16-206
§16–206.
Status: in_force

(a) (1) If the owner of property subject to a lien disputes any part of the charge for which the lien is claimed, he may institute appropriate judicial proceedings.

(2) Institution of the proceedings stays execution under the lien until a final judicial determination of the dispute.

(b) (1) If the owner of property subject to a lien disputes any part of the charge for which the lien is claimed, he immediately may repossess his property by filing a corporate bond for double the amount of the charge claimed.

(2) The bond shall be filed with and is subject to the approval of the clerk of the court of the county where the services or materials for which the lien is claimed were provided.

(3) The bond shall be conditioned on:

(i) Full payment of the final judgment of the claim, together with interest;

(ii) All costs incident to the bringing of suit; and

(iii) All cost and expenses which result from the enforcement of the lien and are incurred before the lienor was notified that the bond was filed.

(4) Filing of the bond stays execution under the lien until final judicial determination of the dispute.

(5) If service of process by a lienor on the owner is returned non est after filing of a bond, service may be made by publication as in the case of a suit against a nonresident.

(6) If suit is not instituted by the lienor within six months after the bond is filed, the bond is discharged.
Md. Code, Business Occupations and Professions § 16-705 — MD Code / Article gbo / Title 16 / Subtitle 7 / Section 16-705
§16–705.
Status: in_force

(a) Unless authorized under this title to provide certified real estate appraisal services, a person may not represent to the public, by use of a title, including “certified real estate appraiser”, by description of services, methods, or procedures, or otherwise, that the person is authorized to provide certified real estate appraisal services in the State.

(b) A person may not use the title “certified real estate appraiser” after or with the name or signature of a firm, partnership, corporation, or group in a way that the title could be interpreted to refer to anyone other than the individual who is certified under this title.
Md. Code, Insurance § 16-509 — MD Code / Article gin / Title 16 / Subtitle 5 / Section 16-509
§16–509.
Status: in_force

(a) Any paid-up annuity, cash surrender, or death benefits available at any time other than on a contract anniversary under an annuity contract with fixed scheduled considerations shall be calculated with an allowance for the lapse of time and the payment of any scheduled considerations after the start of the contract year in which payment of considerations stops.

(b) (1) This subsection applies only to an annuity contract that provides by rider or supplemental contract provision both annuity benefits and life insurance benefits that exceed the greater of:

(i) the cash surrender benefits; or

(ii) a return of the gross considerations with interest.

(2) The minimum nonforfeiture benefits shall:

(i) be calculated separately as if the annuity benefits and life insurance benefits were provided under separate contracts; and

(ii) equal the sum of:

1. the minimum nonforfeiture benefits for the annuity part of the contract; and

2. the minimum nonforfeiture benefits for the life insurance part of the contract.

(c) Notwithstanding this section and §§ 16-505 through 16-508 of this subtitle, the following supplemental benefits and considerations for the benefits shall be disregarded when calculating the minimum nonforfeiture amounts, paid-up annuity, cash surrender, and death benefits required under this subtitle:

(1) benefits payable for total and permanent disability;

(2) benefits payable as reversionary annuity or deferred reversionary annuity benefits; or

(3) other policy benefits additional to life insurance, endowment, and annuity benefits.

(d) Additional benefits under subsection (c) of this section need not be included in any paid-up benefits unless the additional benefits separately would require minimum nonforfeiture amounts, paid-up annuity, cash surrender, and death benefits.
Md. Code, Business Occupations and Professions § 16-5B-05 — MD Code / Article gbo / Title 16 / Subtitle 5B / Section 16-5B-05
§16–5B–05.
Status: in_force

(a) A person applying for registration as an appraisal management company may not be owned in whole or in part, directly or indirectly, by:

(1) a person who has had a license or certificate to act as an appraiser refused, denied, canceled, revoked, or surrendered in any state; or

(2) another entity that is owned by a person who has had a license or certificate to act as an appraiser refused, denied, canceled, revoked, or surrendered in any state.

(b) The owner of an appraisal management company shall:

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

(2) submit to a background investigation, as determined by the Commission.

(c) A person applying for registration as an appraisal management company shall certify to the Commission that it has reviewed each entity that owns the person and that no other entity that owns the person is directly owned by a person that has had a license or certificate to act as an appraiser refused, denied, canceled, revoked, or surrendered in any state.
Md. Code, Housing and Community Development § 16-111 — MD Code / Article ghs / Title 16 / Subtitle 1 / Section 16-111
§16–111.
Status: in_force

(a) On or before November 30 each year, the Montgomery Commission shall issue a financial report for the previous fiscal year based on a certified audit.

(b) (1) On or before December 15 each year, the Montgomery Commission shall publish on its website:

(i) the financial report issued under subsection (a) of this section; and

(ii) a full and complete copy of the certified audit report for the previous fiscal year.

(2) Subject to paragraph (3) of this subsection, in performing the duties required under paragraph (1) of this subsection, the Montgomery Commission shall publish all information in a public record that relates to a financial report or a certified audit report of which the Montgomery Commission is not specifically required to deny an inspection under the Public Information Act.

(3) Paragraph (2) of this subsection may not be construed as a waiver of information that is protected by privilege.
Md. Code, Business Occupations and Professions § 16-307 — MD Code / Article gbo / Title 16 / Subtitle 3 / Section 16-307
§16–307.
Status: in_force

While a license is in effect, it authorizes the licensee to provide real estate appraisal services.
Md. Code, Alcoholic Beverages and Cannabis § 16-1903 — MD Code / Article gab / Title 16 / Subtitle 19 / Section 16-1903
§16–1903.
Status: in_force

A license holder may not sell, offer to sell, or dispense alcoholic beverages from a walk–up or drive–through window.
Md. Code, Business Occupations and Professions § 16-304 — MD Code / Article gbo / Title 16 / Subtitle 3 / Section 16-304
§16–304.
Status: in_force

(a) Except as otherwise provided in § 16-304.1 of this subtitle, an applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.

(b) The Commission periodically shall give examinations to qualified applicants at the times and places that the Commission determines.

(c) The Commission shall give each qualified applicant notice of the times and places that the Commission determines.

(d) To take an examination, an applicant shall pay an examination fee to the Commission or the Commission’s designee in an amount established by the Commission not to exceed the cost of the examination.

(e) (1) Except as otherwise provided in this subsection, the Commission shall determine the subjects, scope, form, and the passing score for examinations given under this subtitle.

(2) The Commission shall structure the examinations for a real estate appraisal license to test the knowledge of an applicant of real estate appraisal theory and practice and the standards of conduct that the Commission adopts under § 16-208 of this title.
Md. Code, Transportation § 16-302 — MD Code / Article gtr / Title 16 / Subtitle 3 / Section 16-302
§16–302.
Status: in_force

(a) A person may not duplicate or reproduce the following:

(1) Any identification card issued under this title by the Administration; or

(2) A driver’s license issued under this title.

(b) A person may not produce a facsimile of an identification card issued by the Administration or a driver’s license unless the facsimile is:

(1) In black and white; or

(2) Less than one-half or more than twice the size of the identification card issued by the Administration or driver’s license.

(c) The Administration may apply to a circuit court of this State for an injunction, as provided by the Maryland Rules, to restrain a person from violating or continuing to violate any provision of this section.
Md. Code, Business Occupations and Professions § 16-703.1 — MD Code / Article gbo / Title 16 / Subtitle 7 / Section 16-703.1
§16–703.
Status: in_force

§16–703.1.

Except as otherwise provided in this title, a person may not provide, attempt to provide, or offer to provide home inspection services in this State unless licensed as a home inspector by the Commission.
Md. Code, Local Government § 16-113 — MD Code / Article glg / Title 16 / Subtitle 1 / Section 16-113
§16–113.
Status: in_force

(a) In Allegany County, an entity that provides water or sewer services to the public on a nonprofit basis shall have a lien against the property to which the service was supplied if the charges for the services are not paid.

(b) A lien under this section is subject to the requirements for a mechanic’s lien on real property, including the requirement to record the lien among the appropriate land records.
Md. Code, Business Regulation § 16-201 — MD Code / Article gbr / Title 16 / Subtitle 2 / Section 16-201
§16–201.
Status: in_force

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

(b) “License” means:

(1) a license issued by the Executive Director under § 16–205(a) of this subtitle to:

(i) act as a manufacturer;

(ii) act as a subwholesaler;

(iii) act as a vending machine operator;

(iv) act as a wholesaler; or

(v) act as a storage warehouse; or

(2) a license issued by the clerk under § 16–205(b) of this subtitle to act as a retailer.

(c) “Licensed manufacturer” means a person licensed by the Executive Director under § 16–205(a) of this subtitle to act as a manufacturer.

(d) “Licensed retailer” means a person licensed by the clerk under § 16–205(b) of this subtitle to act as a retailer.

(e) “Licensed storage warehouse” means a facility licensed by the Executive Director under § 16–205(a) of this subtitle to act as a storage warehouse.

(f) “Licensed subwholesaler” means a person licensed by the Executive Director under § 16–205(a) of this subtitle to act as a subwholesaler.

(g) “Licensed vending machine operator” means a person licensed by the Executive Director under § 16–205(a) of this subtitle to act as a vending machine operator.

(h) “Licensed wholesaler” means a person licensed by the Executive Director under § 16–205(a) of this subtitle to act as a wholesaler.

(i) “Manufacturer” means a person who:

(1) (i) operates one or more cigarette manufacturing plants; or

(ii) is a participating manufacturer; and

(2) (i) sells unstamped cigarettes to a licensed cigarette wholesaler located in Maryland;

(ii) sells unstamped cigarettes that may lawfully be sold in Maryland to a licensed cigarette wholesaler located outside of Maryland;

(iii) unless otherwise prohibited or restricted under local law, this article, or the Criminal Law Article, distributes sample cigarettes to consumers located in Maryland; or

(iv) stores unstamped cigarettes in a cigarette storage warehouse in Maryland for subsequent shipment to licensed wholesalers, federal reservations, or persons out of state.

(j) “Participating manufacturer” has the meaning stated in § 16–501 of this title.

(k) “Retailer” means a person who:

(1) sells cigarettes to consumers through vending machines on fewer than 40 premises;

(2) otherwise sells cigarettes to consumers; or

(3) holds cigarettes for sale to consumers.

(l) “Stamped cigarettes” means a package of cigarettes to which tobacco tax stamps are affixed in the amount and manner required by § 12–304 of the Tax – General Article.

(m) “Storage warehouse” means a storage facility in Maryland operated for the purpose of storing unstamped cigarettes on behalf of a licensed cigarette manufacturer.

(n) (1) “Subwholesaler” means a person who:

(i) holds stamped cigarettes for sale to another person for resale; or

(ii) sells stamped cigarettes to another person for resale.

(2) “Subwholesaler” does not include a person who sells unstamped cigarettes or holds unstamped cigarettes for sale.

(o) “Unstamped cigarettes” means a package of cigarettes to which tobacco tax stamps are not affixed in the amount and manner required by § 12–304 of the Tax – General Article.

(p) “Vending machine operator” means a person who:

(1) holds cigarettes for sale to consumers through vending machines on 40 or more premises; or

(2) sells cigarettes to consumers through vending machines on 40 or more premises.

(q) “Wholesaler” means a person who:

(1) holds cigarettes for sale to another person for resale; or

(2) sells cigarettes to another person for resale.
Md. Code, Alcoholic Beverages and Cannabis § 16-206 — MD Code / Article gab / Title 16 / Subtitle 2 / Section 16-206
§16–206.
Status: in_force

The Board may adopt regulations to carry out this article.
Md. Code, Election Law § 16-205 — MD Code / Article gel / Title 16 / Subtitle 2 / Section 16-205
§16–205.
Status: in_force

(a) (1) A person may not interfere with an election official in the performance of the official duties of the election official.

(2) A person may not interfere with an individual lawfully present at a polling place or at the canvass of votes.

(b) A person who violates this section is guilty of a misdemeanor and is subject to a fine of not less than $50 nor more than $1,000 or imprisonment for not less than 3 months nor more than 1 year or both.
Md. Code, Insurance § 16-501 — MD Code / Article gin / Title 16 / Subtitle 5 / Section 16-501
§16–501.
Status: in_force

This subtitle does not apply to:

(1) reinsurance;

(2) a group annuity purchased under a retirement plan or deferred compensation plan established or maintained by an employer, including a partnership or sole proprietorship, or employee organization, or by both, other than a plan that provides individual retirement accounts or individual retirement annuities under § 408 of the Internal Revenue Code;

(3) a premium deposit fund;

(4) a variable annuity;

(5) an investment annuity;

(6) an immediate annuity;

(7) a deferred annuity contract after annuity payments have begun;

(8) a reversionary annuity; or

(9) an annuity contract that is delivered outside the State through an insurance producer or other representative of the insurer issuing the contract.
Md. Code, Business Regulation § 16-222 — MD Code / Article gbr / Title 16 / Subtitle 2 / Section 16-222
§16–222.
Status: in_force

(a) A person may not ship, import, or sell into or within this State any brand of cigarette unless that person:

(1) (i) is the owner of the brand;

(ii) is the United States importer for the brand; or

(iii) is a designated agent in Maryland of:

1. the owner of the brand; or

2. the United States importer of the brand; and

(2) holds any license required by this subtitle.

(b) A person who ships, imports, or sells cigarettes into or within this State:

(1) shall comply with any federal and State requirements concerning the placement of warning labels or other information on the containers or individual packages of cigarettes; and

(2) shall ensure that the containers or individual packages of cigarettes do not contain any information or markings that are false, misleading, or contrary to:

(i) federal trademark or tax laws;

(ii) the trademark law of this State under Title 1, Subtitle 4 of this article; or

(iii) the tax laws of this State under Title 12 of the Tax – General Article.

(c) A person who ships, imports, or sells cigarettes into or within this State in violation of this section is subject to disciplinary action by the Executive Director under § 16–210 of this subtitle and to the penalty specified in § 13–1015 of the Tax – General Article.
Md. Code, Alcoholic Beverages and Cannabis § 16-301 — MD Code / Article gab / Title 16 / Subtitle 3 / Section 16-301
§16–301.
Status: in_force

There is no liquor control board or department of liquor control in the county.
Md. Code, Local Government § 16-116 — MD Code / Article glg / Title 16 / Subtitle 1 / Section 16-116
§16–116.
Status: in_force

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

(2) “Check” has the meaning stated in § 8–101 of the Criminal Law Article.

(3) “Insufficient funds” means insufficient funds as described in § 8–102 of the Criminal Law Article.

(b) The provisions of §§ 9–105 and 9–106 of this article apply to an act, an ordinance, or a resolution adopted under this section.

(c) (1) The County Commissioners of Washington County may impose a fee for each check that is presented in payment of any obligation to the county and is dishonored due to insufficient funds.

(2) The county commissioners shall determine the amount of the fee imposed under this section.
Md. Code, Housing and Community Development § 16-207 — MD Code / Article ghs / Title 16 / Subtitle 2 / Section 16-207
§16–207.
Status: in_force

(a) (1) An approval of a bond guarantee by the County Council shall be submitted to the County Executive within 3 days for concurrence or disapproval.

(2) If the County Executive does not communicate disapproval and reasons for the disapproval to the County Council within 10 days after receipt of an approval of a bond guarantee from the Council, the Council’s approval shall stand.

(b) The County Council may override a disapproval of a bond guarantee by a vote of at least six members.

(c) The County Council may rescind an approval of a bond guarantee by resolution adopted:

(1) before the advertisement of the bonds; or

(2) if the sale is to be private, before the earlier of:

(i) the sale of the bonds; and

(ii) the distribution of a related offering circular.