Md. Code, Health Occupations § 12-604 — MD Code / Article gho / Title 12 / Subtitle 6 / Section 12-604
§12–604.
Status: in_force

(a) The Secretary, the Board, or the agents of either, during business hours, may:

(1) Enter any place where drugs, devices, diagnostics, cosmetics, dentifrices, domestic remedies, or toilet articles are manufactured, packaged, stocked, or offered for sale; and

(2) Inspect the drugs, devices, diagnostics, cosmetics, dentifrices, domestic remedies, and toilet articles there.

(b) (1) A pharmacy in this State issued a permit by the Board and subject to inspection under subsection (a) of this section shall be inspected annually.

(2) A nonresident pharmacy:

(i) Is subject to inspection under subsection (a) of this section by the Secretary, the Board, or the agents of either; and

(ii) On application for and renewal of a pharmacy permit in this State, shall submit a copy of the most recent inspection report resulting from an inspection conducted by the regulatory or licensing agency of the state in which the nonresident pharmacy is located.

(c) A person may not hinder an inspection conducted under this section.
Md. Code, Local Government § 12-508 — MD Code / Article glg / Title 12 / Subtitle 5 / Section 12-508
§12–508.
Status: in_force

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

(b) This section does not apply to fire hydrants in a municipality.

(c) The governing body of a county may, by resolution, regulate the location and construction of fire hydrants.

(d) (1) Except as provided in paragraph (2) of this subsection, a person who violates a resolution adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.

(2) In Calvert County, a person who violates a resolution adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
Md. Code, Insurance § 12-203 — MD Code / Article gin / Title 12 / Subtitle 2 / Section 12-203
§12–203.
Status: reserved

(a) (1) This section applies to a form for a life insurance or health insurance policy, an annuity contract, an application for that policy or contract that is required to be written, a rider, or an endorsement that:

(i) is delivered or issued for delivery in the State; or

(ii) is used by domestic insurers for delivery in a jurisdiction outside the State, if:

1. the insurance supervisory official of the jurisdiction informs the Commissioner that the form is not subject to approval or disapproval by the official; and

2. the Commissioner requires the form to be submitted to the Commissioner for approval.

(2) This section does not apply to unique riders, endorsements, or forms that are:

(i) designed for and relate to the manner of distribution of benefits or to the reservation of rights and benefits under life insurance or health insurance policies or annuity contracts; and

(ii) used at the request of the individual policyholder, contract holder, or certificate holder.

(b) (1) A form subject to this section may not be delivered or issued for delivery in the State, unless the form has been filed with and approved by the Commissioner.

(2) An individual certificate may not be used in connection with a group or blanket insurance policy or group annuity contract unless the form for the certificate has been filed with and approved by the Commissioner.

(c) (1) The filing of a form with the Commissioner shall be made at least 60 days before delivery.

(2) Approval by the Commissioner of the form constitutes a waiver of any unexpired part of the filing period.

(3) The Commissioner may extend the initial filing period up to an additional 30 days if the Commissioner gives notice of the extension before the initial filing period ends.

(4) The form is deemed approved unless the Commissioner affirmatively approves or disapproves it before the end of the initial filing period or any extended period.

(5) At any time, the Commissioner may withdraw approval of a form, if the Commissioner:

(i) gives prior notice of the withdrawal;

(ii) shows cause for the withdrawal; and

(iii) states the effective date of the withdrawal in the notice.

(6) The withdrawal of approval shall take effect at least 20 days after the withdrawal notice is given.

(d) (1) The Commissioner may order an exemption from this section for as long as the Commissioner considers proper for an insurance document or form or type of insurance document or form if the Commissioner finds that:

(i) this section is not practicably applicable; or

(ii) the filing and approval of the document or form or type of document or form are not desirable or necessary to protect the public.

(2) (i) The Commissioner may adopt regulations to allow a type or kind of form to be effective upon receipt of the filing by the Commissioner.

(ii) If an insurer uses a form which becomes effective in accordance with the provisions of subparagraph (i) of this paragraph and the form would be subject to disapproval under § 12-205(b) of this subtitle, the Commissioner may:

1. subsequently disapprove the form; and

2. impose on the insurer a penalty under § 4-113 of this article.

(iii) If an insurer files a form with the Commissioner which becomes effective in accordance with the provisions of subparagraph (i) of this paragraph, the insurer shall pay the applicable filing fee provided in § 2-112 of this article.

(e) (1) The Commissioner shall approve life insurance policies, health insurance policies, and annuity contracts in loose-leaf form and shall approve alternate pages submitted separately for use with the policies and contracts if their provisions comply with this article.

(2) Whenever alternate pages are filed after the initial policies or contracts are approved, the Commissioner may require that those policies or contracts also be submitted with an explanation of the intended usage of the alternate pages.

(3) A combination of approved pages may form a complete policy or contract if a schedule is filed with the Commissioner that shows the pages to be used to form each particular policy or contract.

(f) The applicable standards for forms used by domestic insurers for delivery in the State shall apply to forms used by domestic insurers for delivery outside the State.

(g) By regulation, the Commissioner shall adopt the language and format for standard provisions required under § 12-102(a) of this title for contracts and policies issued by insurers, nonprofit health service plans, and health maintenance organizations.
Md. Code, Alcoholic Beverages and Cannabis § 12-1604.1 — MD Code / Article gab / Title 12 / Subtitle 16 / Section 12-1604.1
§12–1604.
Status: reserved

§12–1604.1.

(a) This section applies only to a license holder of a Class D beer and light wine license for use in the 46th alcoholic beverages district.

(b) (1) A license holder who holds a valid Class D beer and light wine license may apply to the Board to convert the license to a Class D beer, wine, and liquor license if the license holder:

(i) 1. maintains average daily receipts from the sale of food that are at least 51% of its total daily receipts;

2. executes a memorandum of understanding with the relevant local neighborhood association as determined by the Board;

3. operates a location with not more than 75 seats; and

4. pays a special transfer fee of $15,000, in addition to any fees required under § 12–1704 of this title; or

(ii) 1. holds a license that was originally issued by the Board under § 12–1604(i) of this subtitle; and

2. pays a special transfer fee of $15,000, in addition to any fees required under § 12–1704 of this title.

(2) If a Class D beer and light wine license is converted to a Class D beer, wine, and liquor license under paragraph (1) of this subsection, the Class D beer, wine, and liquor license:

(i) may not be transferred to a new location; and

(ii) is subject to the requirements of paragraph (1) of this subsection.

(c) A holder of a license converted under this section may sell beer, wine, and liquor Monday through Sunday from 6 a.m. until 1 a.m. the following day.

(d) An application to convert a Class D beer and light wine license under subsection (b)(1) of this section is a transfer subject to the provisions of § 12–1701 of this title.
Md. Code, Public Safety § 12-1205 — MD Code / Article gps / Title 12 / Subtitle 12 / Section 12-1205
§12–1205.
Status: in_force

(a) (1) (i) Each local jurisdiction shall implement and enforce the most current version of the Standards and any local amendments to the Standards.

(ii) Any modification of the Standards adopted by the State on or after December 31, 2022, shall be implemented and enforced by a local jurisdiction not later than 12 months after the modifications are adopted by the State.

(2) At a minimum, the local jurisdiction shall ensure that implementation and enforcement of the Standards includes:

(i) review and acceptance of appropriate plans;

(ii) issuance of permits;

(iii) inspection of the work authorized by the permits; and

(iv) issuance of appropriate use and occupancy certificates.

(3) Each local jurisdiction shall determine the manner in which the minimum implementation and enforcement activities of this subsection are carried out.

(b) (1) Except as otherwise provided in this subsection, the county in which a swimming pool or spa is located shall implement and enforce the Standards for that swimming pool or spa in accordance with this subtitle.

(2) (i) A municipal corporation that did not adopt a swimming pool and spa code before December 31, 2022, may elect to implement and enforce the Standards in accordance with this subtitle for swimming pools or spas located in the municipal corporation.

(ii) If a municipal corporation elects to implement and enforce the Standards under this paragraph, the county in which the municipal corporation is located is not responsible for implementation and enforcement of the Standards in the municipal corporation.

(3) A county that did not adopt a swimming pool and spa code before December 31, 2022, shall implement and enforce the Standards in the county unless it elects to negotiate with a municipal corporation in the county to have the municipal corporation implement and enforce the Standards in the county.

(4) A municipal corporation that adopted a swimming pool and spa code before December 31, 2022, shall implement and enforce the Standards in the municipal corporation unless it elects to negotiate with the county in which the municipal corporation is located to have the county implement and enforce the Standards in the municipal corporation.

(c) A local jurisdiction may charge fees necessary to cover the cost of implementation and enforcement of the Standards and any local amendments to the Standards.
Md. Code, Election Law § 12-201 — MD Code / Article gel / Title 12 / Subtitle 2 / Section 12-201
§12–201.
Status: in_force

This subtitle applies to an issue arising in an election conducted under this article.
Md. Code, Economic Development § 12-309 — MD Code / Article gec / Title 12 / Subtitle 3 / Section 12-309
§12–309.
Status: in_force

(a) A bond, the transfer of a bond, the interest payable on a bond, the income derived from a bond, and the profit realized on sale or exchange of a bond are exempt from State and local taxes.

(b) A political subdivision may issue bonds under this subtitle without regard to their federal tax status.
Md. Code, Public Safety § 12-204 — MD Code / Article gps / Title 12 / Subtitle 2 / Section 12-204
§12–204.
Status: in_force

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

(2) “ASHRAE” means the American Society of Heating, Refrigerating, and Air Conditioning Engineers.

(3) “Guidelines” means the guidelines for recommended illumination levels in existing public buildings.

(4) “Public building” means a building owned by the State, a county, or municipal corporation or a unit of the State, a county, or municipal corporation.

(b) This section applies to each public building that is 10,000 or more square feet in area per floor.

(c) In conjunction with the Department of Natural Resources, the Maryland Department of Labor shall develop guidelines for recommended illumination levels in existing public buildings in the State 6 months after ASHRAE 100 standards are adopted.

(d) After approval by the Joint Committee on Administrative, Executive, and Legislative Review, the guidelines shall be published in the Maryland Register and other appropriate media to:

(1) encourage use of the guidelines; and

(2) provide standards in accordance with which owners, operators, or both of existing public buildings, including local governments, the Department of General Services, and other governmental units that manage State buildings, may target their energy conservation effort with regard to illumination.

(e) (1) In conjunction with the Department of Natural Resources, the Maryland Department of Labor shall provide training to local jurisdictions on the application of the guidelines.

(2) The training may include a program developed by a federal agency or a contract agent.

(f) The Department of Natural Resources shall assist local jurisdictions to:

(1) determine the cost–benefit impacts of implementing the guidelines; and

(2) perform audits of specific buildings or installations to determine lighting performance characteristics and the savings possible through implementing the guidelines.

(g) (1) There is an advisory commission on energy conservation in buildings.

(2) The commission consists of 15 members appointed by the Secretary of Labor.

(3) The members shall be broadly representative, including representatives from:

(i) State and local code enforcement agencies;

(ii) architectural and engineering professions;

(iii) public utilities;

(iv) the construction industry;

(v) legislative bodies of local government; and

(vi) the public.

(4) A member of the commission:

(i) may not receive compensation for service on the commission; but

(ii) is entitled to reimbursement for expenses under the Standard State Travel Regulations as provided in the State budget.
Md. Code, Financial Institutions § 12-702 — MD Code / Article gfi / Title 12 / Subtitle 7 / Section 12-702
§12–702.
Status: in_force

To qualify for supervision and examination, the applicant shall satisfy the Commissioner that the applicant:

(1) Is trustworthy and reputable;

(2) Has a good business reputation; and

(3) Has sufficient business experience, moral character, financial responsibility, and genuine fitness to:

(i) Command the confidence of the public; and

(ii) Warrant the belief that the business will be operated lawfully, honestly, fairly and efficiently.
Md. Code, Public Utilities § 12-127 — MD Code / Article gpu / Title 12 / Subtitle 1 / Section 12-127
§12–127.
Status: in_force

(a) A person that intends to perform excavation or demolition may begin excavation or demolition activity only after the person receives notification from the underground facilities information exchange system of the one–call system confirming that all applicable owner–members or their contract locators have:

(1) marked their underground facilities in accordance with § 12–126(c) of this subtitle;

(2) marked the applicable portion of their underground facilities in accordance with § 12–126(d) of this subtitle; or

(3) reported that they have no underground facilities in the vicinity of the excavation or demolition.

(b) (1) After an owner–member or its contract locator has marked the location of an underground facility in accordance with § 12–126 of this subtitle, the person performing the excavation or demolition is responsible for the maintenance of the designated mark.

(2) If the mark is obliterated, destroyed, or removed, the person:

(i) shall repeat the notification required under § 12–125 of this subtitle; but

(ii) may not in any manner replace or repair the mark.

(c) (1) A person performing excavation or demolition or supervising a temporary excavator shall have a copy of the ticket issued by a one–call system available, by any means, on the site of the activity for the duration of the ticket.

(2) A person performing an excavation or demolition shall exercise due care to avoid interference with or damage to an underground facility:

(i) that an owner–member or its contract locator has marked in accordance with § 12–126 of this subtitle; or

(ii) where clear evidence of an unmarked underground facility exists.

(3) Before using mechanized equipment for excavation or demolition within 18 inches of an underground facility marking, a person shall expose the underground facility to its outermost surfaces by hand or other nondestructive techniques.

(4) When utilizing a trenchless technology method, to prevent the occurrence of a cross–bore, a person shall expose by nondestructive techniques intersecting underground facilities to the depth of the excavation plus 18 inches in the path of the trenchless technology operation during the entire trenchless installation operation.

(5) A person may not use mechanized equipment to excavate within 18 inches of the outermost surface of an exposed underground facility.

(d) (1) The person performing an excavation or demolition shall promptly report to the owner–member of the facility if the person discovers or causes any damage to or dislocation or disturbance of an underground facility in connection with the excavation or demolition.

(2) If the damage, dislocation, or disturbance results in the escape of a flammable, toxic, or corrosive gas or liquid, the person performing the excavation or demolition immediately shall report the damage to the 9–1–1 emergency system.

(e) (1) If a person knows or has reason to know that an underground facility in the area of a planned or ongoing excavation or demolition is not marked as required by this subtitle, the person may not begin or continue the excavation or demolition unless the person:

(i) has repeated the notification as required under § 12–125 of this subtitle; and

(ii) receives notification from the underground facilities information exchange system of the one–call system confirming that all applicable owner–members that have underground facilities in the vicinity of the excavation or demolition have marked:

1. the underground facilities in accordance with § 12–126(c) of this subtitle; or

2. the applicable portion of the underground facilities in accordance with § 12–126(d) of this subtitle.

(2) If the underground facility is not marked as required by this subtitle after the person receives notification from the underground facilities information exchange system under paragraph (1) of this subsection, the person may proceed with the excavation or demolition.
Md. Code, Health Occupations § 12-320 — MD Code / Article gho / Title 12 / Subtitle 3 / Section 12-320
§12–320.
Status: in_force

(a) In investigating an allegation brought against a licensee, registered pharmacy intern, or registered pharmacy technician under this title, if the Board has reason to believe that a licensee, registered pharmacy intern, or registered pharmacy technician may cause harm to a person affected by the licensee’s practice, the acts of a registered pharmacy intern, or the acts of a registered pharmacy technician, the Board on its own initiative may direct the licensee, registered pharmacy intern, or registered pharmacy technician to submit to an appropriate examination by a health care provider designated by the Board.

(b) In return for the privilege given to a licensee to practice pharmacy, a registered pharmacy intern to practice pharmacy under the direct supervision of a pharmacist, or a registered pharmacy technician to perform delegated pharmacy acts in the State, the licensee, registered pharmacy intern, or registered pharmacy technician is deemed to have:

(1) Consented to submit to an examination under this section, if requested by the Board in writing; and

(2) Waived any claim of privilege as to the testimony or examination reports of a health care provider.

(c) The failure or refusal of a licensee, a registered pharmacy intern, or registered pharmacy technician to submit to an examination required under this section is prima facie evidence of the licensee’s inability to practice pharmacy competently, the registered pharmacy intern’s inability to practice pharmacy competently under the direct supervision of a pharmacist, or the registered pharmacy technician’s inability to perform delegated pharmacy acts, unless the Board finds that the failure or refusal was beyond the control of the licensee, registered pharmacy intern, or registered pharmacy technician.

(d) The Board shall pay the cost of any examination made under this section.
Md. Code, Business Regulation § 12-304 — MD Code / Article gbr / Title 12 / Subtitle 3 / Section 12-304
§12–304.
Status: in_force

(a) (1) A dealer shall submit the required information from each record to the primary law enforcement unit in accordance with subsection (b) of this section.

(2) If the dealer transacts business in accordance with § 12–206(b) of this title, the dealer also shall submit the required information from the records to the local law enforcement unit in accordance with subsection (b) of this section.

(3) On the request of a dealer, the Secretary shall provide to the dealer a list of local law enforcement units.

(b) (1) Subject to paragraph (2) of this subsection, the dealer shall submit the records by transmitting the required information from the records electronically, in a format acceptable to the receiving law enforcement unit, by noon of the next business day.

(2) A dealer may request an extension of up to 48 hours to submit the records required under paragraph (1) of this subsection.

(c) Each record, submitted to the primary law enforcement unit and, if applicable, local law enforcement unit, shall include:

(1) the license number of the dealer;

(2) the location of each item listed in the record; and

(3) the information required under § 12–302 of this subtitle.

(d) The required information from a record submitted under this section:

(1) shall be kept confidential;

(2) is not a public record; and

(3) is not subject to Title 4 of the General Provisions Article.

(e) The primary law enforcement unit shall adopt a procedure for a dealer to amend a record required to be submitted under this section.

(f) A law enforcement unit may cease to maintain a record submitted under this section after 1 year from the date the law enforcement unit receives the copy.
Md. Code, Alcoholic Beverages and Cannabis § 12-2009 — MD Code / Article gab / Title 12 / Subtitle 20 / Section 12-2009
§12–2009.
Status: in_force

(a) In this section, “adult entertainment” has the meaning stated in Article 15, § 1–1 of the Baltimore City Code.

(b) This section applies only to:

(1) a holder of a Class A license;

(2) a holder of a Class B–D–7 license; and

(3) a holder of an adult entertainment license issued by the Board under § 12–2102 of this title and Article 15, Subtitle 1 of the Baltimore City Code.

(c) Except as provided in subsection (d) of this section, the holder of a license described in subsection (b) of this section may not operate an establishment later than 10 p.m. if the establishment is in an area bounded as follows: from the intersection of Holliday Street and East Fayette Street, east on East Fayette Street to the intersection with North Gay Street, south on North Gay Street to the intersection with East Baltimore Street, south on South Gay Street to the intersection with Water Street, west on Water Street to the intersection with Commerce Street, north on Commerce Street to the intersection with East Baltimore Street, then north on Holliday Street back to the intersection of Holliday Street and East Fayette Street.

(d) (1) The holder of a license described in subsection (b) of this section that operates an establishment bounded in the area described in subsection (c) of this section may operate the establishment within the hours of operation authorized by the license if the holder submits to the Board a security plan that is approved by the Board after consultation with the Baltimore Police Department.

(2) The security plan required under paragraph (1) of this subsection shall include:

(i) the hiring of security personnel to be present at the licensed premises during all hours of operation;

(ii) the placement of security personnel inside and immediately outside the licensed premises;

(iii) procedures for securing the establishment and each entryway into the establishment, including the consistent use of metal detectors, and the area immediately around the establishment;

(iv) a plan for communication between security and the Baltimore Police Department;

(v) a plan for not exceeding a capacity limit for the licensed premises determined by the Baltimore City Fire Marshal; and

(vi) the name of and direct contact information for the owner and manager of the licensed premises.

(3) The holder of a license under this subsection shall, for security personnel hired in accordance with paragraph (2)(i) of this subsection:

(i) provide the identifying information, including name, birthdate, home address, and telephone number, of security personnel who are regular or part–time employees, including temporary employees during the preceding quarter, of the licensed premises to the Baltimore Police Department on a quarterly basis; and

(ii) ensure that a security guard who works for a third–party security contractor carries documentation showing their security guard certification with the Maryland State Police while they are working.

(4) (i) The holder of a license under this subsection shall submit an updated security plan to the Board each year with an application for license renewal under § 12–1802 of this title.

(ii) The Board, in consultation with the Baltimore Police Department, shall consider the license holder’s compliance with the previous year’s security plan before determining whether to approve the license holder’s updated security plan.

(e) (1) The holder of a license described in subsection (b) of this section that operates an establishment bounded in the area described in subsection (c) of this section shall maintain and operate a digital surveillance system on the exterior of the licensed premises.

(2) The digital surveillance system under paragraph (1) of this subsection shall:

(i) be equipped with high–definition cameras that provide continuous, 24–hour video monitoring without audio recording capacity placed outside the licensed premises in such a way that the exterior of each entryway into and exit away from the licensed premises is monitored;

(ii) retain video recorded from the surveillance system for not less than 14 days; and

(iii) be registered with and accessible by the Baltimore City Intelligence Center.

(3) The license holder shall, on request, provide a recording created by the digital surveillance system in this subsection to the Baltimore Police Department.

(f) The Board, after consultation with the Baltimore Police Department, may authorize an exemption from the provisions of subsection (d) of this section for an establishment operating under a Class A license.
Md. Code, Commercial Law § 12-1206 — MD Code / Article gcl / Title 12 / Subtitle 12 / Section 12-1206
§12–1206.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, a lender or an arranger of financing may not require a borrower to purchase an annuity, a long–term care policy, or other financial or insurance product as a condition to obtaining a reverse mortgage loan.

(2) A lender or an arranger of financing may require a borrower to purchase title insurance, hazard, flood, or other peril insurance, and any other financial or insurance product that is required for reverse mortgage loans insured under 12 U.S.C. § 1715z–20.

(b) A lender or an arranger of financing may not refer a borrower to any person for the purchase of an annuity or any other financial or insurance product before the later of:

(1) The closing of the reverse mortgage loan; or

(2) The expiration of the borrower’s right to rescind the reverse mortgage loan agreement.

(c) This section does not prohibit a lender or an arranger of financing from offering to a borrower, or referring a borrower to a person for the purchase of:

(1) Title insurance;

(2) Hazard, flood, or other peril insurance; or

(3) Other products that are customary under a reverse mortgage loan.
Md. Code, Election Law § 12-101 — MD Code / Article gel / Title 12 / Subtitle 1 / Section 12-101
§12–101.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, a candidate for public or party office who has been defeated based on the certified results of any election conducted under this article may petition for a recount of the votes cast for the office sought.

(2) A candidate may not petition for a recount if the margin of difference between the number of votes received by an apparent winner and the losing candidate with the highest number of votes for the office is greater than 5% of the total votes cast for those candidates.

(b) The petition shall specify that the recount be conducted:

(1) in all of the precincts in which the office was on the ballot; or

(2) only in the precincts designated in the petition.

(c) The petition shall be filed with the board with which the candidate’s certificate of candidacy was filed.

(d) The petition must be filed within 3 days after the results of the election have been certified.

(e) (1) The State Board shall promptly notify each appropriate local board of a petition that is filed with the State Board.

(2) A local board shall promptly notify the State Board of a petition that is filed with the local board.
Md. Code, Commercial Law § 12-912 — MD Code / Article gcl / Title 12 / Subtitle 9 / Section 12-912
§12–912.
Status: in_force

(a) A credit grantor may, if the agreement governing a revolving credit plan permits, at any time amend the terms of the agreement in accordance with the provisions of this section including:

(1) The terms governing the periodic percentage rate used to calculate interest or finance charges;

(2) The method of computing the outstanding unpaid indebtedness to which the rate is applied;

(3) The amounts of other charges; and

(4) The applicable repayment schedule.

(b) (1) The credit grantor shall notify each affected borrower of an amendment in the manner set forth in the agreement governing the plan and in compliance with the requirements of the federal Truth in Lending Act, and regulations promulgated thereunder. If the amendment has the effect of increasing the interest, finance charges, or other fees and charges to be paid by the borrower, including, but not limited to those enumerated in § 12–905 of this subtitle, the credit grantor shall mail or deliver to the borrower, at least 25 days before the effective date of the amendment, a clear and conspicuous written notice which shall describe the amendment, including:

(i) A clear statement comparing the original terms and the terms under the amended agreement; and

(ii) Any other pertinent information required by the provisions of this section.

(2) If the amendment has the effect of increasing the interest, finance charges, or other charges to be paid by the borrower, the amendment shall become effective as provided in subsections (c) and (d) of this section.

(c) (1) Subject to the provisions of this paragraph, an amendment made under this section shall become effective as to a particular borrower on:

(i) The first day of the billing cycle during which the effective date of the amendment occurs; or

(ii) Any later date specified in the notice of amendment.

(2) After receiving the notice of amendment under subsection (b) of this section, the borrower may send a signed, written notice of refusal to the creditor that the borrower refuses to accept the amendment.

(3) The notice of refusal sent by the borrower may be accompanied by a payment on the borrower’s account and shall be mailed within 25 days of the mailing of the notice of amendment.

(4) Any borrower who gives timely notice of refusal may use the account pursuant to its original, unamended terms for:

(i) 1. The duration of the time for which a fee was paid for use of the plan through the borrower’s credit device; or

2. Any longer period of time as determined by the credit grantor; or

(ii) If no fee is paid for use of the plan or if the remaining time period for which a fee was paid for use of the plan through the borrower’s credit device is less than 3 months, a period of time of not less than 3 months from the date of mailing of the notice of refusal.

(5) At the expiration of the periods provided under paragraph (4) of this subsection, the borrower who has given a timely notice of refusal may pay any outstanding unpaid indebtedness in the account under the terms of the unamended agreement governing the plan.

(6) A credit grantor amending the agreement governing a revolving credit plan under this subsection shall include in the notice of amendment under subsection (b) of this section a statement in at least 10 point type that:

(i) If a written notice of refusal from the borrower in which the borrower refuses to accept the amendment is not received by the credit grantor within 25 days of the mailing of the notice of amendment, the amendment will become effective on the first day of the billing cycle during which the effective date of the amendment occurs or at any later date specified in the notice of amendment;

(ii) Enumerates the borrower’s rights under paragraphs (4) and (5) of this subsection upon timely notice of refusal by the borrower; and

(iii) Includes the address to which the borrower may send notice of a refusal.

(7) The notice of amendment under subsection (b) of this section shall be enclosed in an envelope that contains on its face a statement in 10 point type that an important notice of an increase in rates or fees of the revolving credit plan is enclosed.

(d) (1) Notwithstanding subsection (c) of this section, at the election of the credit grantor, an amendment made under this section may become effective as to a particular borrower on the first day of the billing cycle in which the borrower:

(i) Makes a purchase or obtains a loan under the plan, after the date specified in the notice of amendment which is not less than 25 days after the date the notice of amendment was mailed; or

(ii) Sends a notice of agreement to the credit grantor in which the borrower expressly agrees to the amendment.

(2) In addition to the requirements of subsection (b) of this section, a credit grantor electing to amend the agreement governing a revolving credit plan under this subsection shall include in the notice of amendment a statement that the amendment will become effective on the first date of the billing cycle during which the borrower:

(i) Makes a purchase or obtains a loan under the plan, so long as the purchase is made or the loan is obtained after a specific date which is at least 25 days after the mailing of the notice of amendment; or

(ii) Sends a notice of agreement to the credit grantor in which the borrower expressly agrees to the amendment.

(3) A borrower who receives a notice of amendment under this subsection may pay any outstanding unpaid indebtedness in the account under the terms of the unamended agreement governing the plan if the borrower does not:

(i) Make any purchase or obtain any loan under the plan after the date specified in the notice of amendment; or

(ii) Send a notice of agreement to the credit grantor in which the borrower expressly agrees to the amendment.

(e) If the terms of the agreement governing the plan, as originally drawn or as amended provide, any amendment may, on and after the date on which it becomes effective as to a particular borrower, apply to all then outstanding unpaid indebtedness in the borrower’s account under the plan, including any indebtedness which shall have arisen out of purchases made or loans obtained prior to the effective date of the amendment.

(f) For purposes of this section, a decrease in the required amount of scheduled payments shall not be deemed an amendment which has the effect of increasing the interest or finance charges to be paid by the borrower.

(g) The procedures for amendment by a credit grantor of the terms of a plan to which a nonconsumer borrower is a party may, notwithstanding the provisions of this section, be as the agreement governing the plan may otherwise provide.
Md. Code, Election Law § 12-305 — MD Code / Article gel / Title 12 / Subtitle 3 / Section 12-305
§12–305.
Status: in_force

(a) (1) A person that accepts public campaign financing under Title 15 of this article may not solicit or accept a donation on behalf of a contested election committee in excess of the contribution limits established under Title 15 of this article.

(2) A person that accepts public campaign financing under § 13–505 of this article may not solicit or accept a donation on behalf of a contested election committee in excess of the contribution limits established in law by the governing body of the county in accordance with § 13–505 of this article.

(b) (1) A contested election committee may not accept a loan other than a loan from:

(i) a financial institution or other entity in the business of making loans; or

(ii) the personal funds of a candidate or the candidate’s spouse if the contested election committee was established to finance a recount of an election in which the candidate was on the ballot.

(2) A loan under this subsection may be of any amount.
Md. Code, Commercial Law § 12-1014 — MD Code / Article gcl / Title 12 / Subtitle 10 / Section 12-1014
§12–1014.
Status: in_force

(a) If any provision of this subtitle is held invalid, such invalidity shall not affect any other provisions of this subtitle which can be given effect without the invalid provision.

(b) Notwithstanding any provisions of this title, a loan under this subtitle is subject only to the disclosure requirements of this subtitle, and, to the extent applicable, of the federal Truth in Lending Act and regulations promulgated thereunder.
Md. Code, Housing and Community Development § 12-311 — MD Code / Article ghs / Title 12 / Subtitle 3 / Section 12-311
§12–311.
Status: in_force

(a) A commissioner of an authority may be removed by the chief elected official in accordance with this section for neglect of duty or misconduct in office, including violations of local ethics laws and misconduct identified in § 12-310 of this subtitle.

(b) (1) The chief elected official shall file charges with the office of the custodian of records and promptly deliver a copy of the charges to the commissioner and to the secretary of the authority.

(2) Written notice of the date, time, and place of a hearing shall be given to the commissioner at least 14 days before the hearing.

(3) Unless the commissioner has resigned from office, the chief elected official shall hold the hearing, at which the commissioner shall have an opportunity to be represented by counsel and to be heard in person.

(4) On completion of the hearing, the chief elected official shall make written findings.

(c) If a commissioner of an authority is removed, a record of the proceedings and the charges and findings shall be filed in the office of the custodian of records.

(d) (1) On the filing of charges under subsection (b)(1) of this section with the office of the custodian of records, the chief elected official may temporarily suspend a commissioner of an authority.

(2) The chief elected official shall immediately reinstate the commissioner in office if the chief elected official finds the charges have not been substantiated.

(3) The commissioner shall be reinstated automatically, unless a hearing on removal has been held and a decision made by the chief elected official within 45 days after the filing of charges.

(4) The chief elected official may not temporarily appoint a person to perform the duties of a suspended member.
Md. Code, Commercial Law § 12-401 — MD Code / Article gcl / Title 12 / Subtitle 4 / Section 12-401
§12–401.
Status: in_force

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

(b) “Lender” means:

(1) A licensee; or

(2) A person who makes a secondary mortgage loan but is exempt expressly from the licensing requirements of the Maryland Mortgage Lender Law.

(c) “Licensee” means a person who is required to be licensed under the Maryland Mortgage Lender Law, regardless of whether the person is actually licensed.

(d) “Lien on real property” includes:

(1) A confessed judgment note or consent judgment required by a person who ordinarily requires such an instrument for the purpose of acquiring a lien on property described in subsection (i) of this section; and

(2) A sale and leaseback required by a person for that purpose.

(e) “Loan” means a secondary mortgage loan.

(f) “Net proceeds” means the difference between:

(1) The full amount of a secondary mortgage loan; and

(2) The amount of interest taken in advance on the loan plus the amount of the loan origination fee.

(g) “Payment period” means the period scheduled by the terms of a loan to elapse between the days on which installment payments are required to be made on the loan.

(h) “Person” includes 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.

(i) (1) “Secondary mortgage loan” means a loan or deferred purchase price secured in whole or in part by a mortgage, deed of trust, security agreement, or other lien on real property located in the State, which property:

(i) Is subject to the lien of one or more prior encumbrances, except a ground rent or other leasehold interest; and

(ii) Has a dwelling on it designed principally as a residence with accommodations for not more than four families.

(2) “Secondary mortgage loan” does not include:

(i) A loan to any corporation unless the lender required the borrower to incorporate as a condition for obtaining the loan; or

(ii) A commercial loan of more than $75,000, as defined in § 12–101(c) of this title.

(3) If a commercial loan of $75,000 or less is made in the name of an individual, secured by owner–occupied residential real property and not to a business or commercial organization, the mortgage lender, as defined by the provisions of § 11–501 of the Financial Institutions Article, shall document independent evidence that the borrower is seeking funds for a legitimate commercial enterprise before the lender grants any loan for that purpose. An affidavit is not by itself evidence of a commercial loan. However, if the borrower is seeking funds to start a business and has not yet incorporated or prepared documentation of proof of ownership of a commercial enterprise, an affidavit by itself is sufficient if it states the purpose for which the proceeds are to be used and the nature of the business conducted by the borrower.

(j) “Wages” means all remuneration paid to any employee for his employment, including the cash value of all remuneration paid in any medium other than cash.
Md. Code, Economic Development § 12-106 — MD Code / Article gec / Title 12 / Subtitle 1 / Section 12-106
§12–106.
Status: in_force

(a) (1) Subject to paragraph (4) of this subsection, the board of directors of an authority consists of five members appointed by the legislative body of the incorporating county or municipal corporation.

(2) Appointment procedures shall be provided in the resolution establishing the authority.

(3) (i) In a county or municipal corporation that has a publicly elected chief executive, the chief executive shall submit nominations for the initial board members.

(ii) The chief executive may nominate more than one individual for an initial board member position.

(4) An officer or employee of the incorporating county or municipal corporation may not be appointed to the board but, if provided by resolution, may serve as an ex officio, nonvoting member of the board.

(b) (1) (i) The initial five members of the board of directors of an authority shall be appointed for staggered terms, ranging from 1 to 5 years, respectively, beginning on the date the State Department of Assessments and Taxation accepts the articles of incorporation of the authority for record.

(ii) Except as provided for initial board members, the term of an appointed member is 5 years.

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

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

(4) (i) In a county or municipal corporation that has a publicly elected chief executive, the chief executive shall submit nominations for vacancies on the board.

(ii) The chief executive may nominate more than one individual for a vacancy.

(c) (1) A member may be removed at any time with or without cause.

(2) Procedures for removal shall be those provided in the resolution establishing the authority or a subsequent resolution.

(d) (1) From among its members, the board shall elect a chair and other officers.

(2) An ex officio member may hold any office other than chair.

(e) (1) Three voting members of the board are a quorum.

(2) The board may act on a resolution only by the affirmative vote of at least three voting members.

(f) A member of the board:

(1) may not receive compensation as a member of the board; but

(2) shall be reimbursed for expenses incurred in performing the member’s duties.

(g) The board shall exercise its powers by resolution.
Md. Code, Local Government § 12-101 — MD Code / Article glg / Title 12 / Subtitle 1 / Section 12-101
§12–101.
Status: in_force

(a) This section applies to all counties except:

(1) Anne Arundel County;

(2) Baltimore City;

(3) Baltimore County;

(4) Cecil County;

(5) Howard County;

(6) Prince George’s County;

(7) Queen Anne’s County; and

(8) Worcester County.

(b) The governing body of a county may provide for the appointment and removal of any county officer or employee whose appointment or election is not provided for by the Maryland Constitution or public general law or public local law.
Md. Code, Alcoholic Beverages and Cannabis § 12-1904 — MD Code / Article gab / Title 12 / Subtitle 19 / Section 12-1904
§12–1904.
Status: in_force

(a) The alcohol awareness program also applies to an unlicensed establishment that is covered under Subtitle 25 of this title.

(b) An owner of an unlicensed establishment or individual who is designated by the owner and employed in a supervisory capacity is required to be:

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

(2) present when alcoholic beverages are served or consumed.
Md. Code, Corporations and Associations § 12-912 — MD Code / Article gca / Title 12 / Subtitle 9 / Section 12-912
§12–912.
Status: in_force

(a) The Department may forfeit the right of a foreign statutory trust to do business in the State if the foreign statutory trust fails to file with the Department any report or fails to pay any late filing penalty required by law:

(1) Within the time required by law; and

(2) Thereafter, within 30 days after the Department makes a written demand for the delinquent report or late filing penalty.

(b) Unless the Department excuses a reasonable delay for good cause shown, the forfeiture is effective 15 days after written notice of forfeiture from the Department without legal proceedings of any kind.

(c) The demand for a delinquent report or late filing penalty and the notice of forfeiture shall be addressed to the foreign statutory trust:

(1) At the address of the foreign statutory trust on file with the Department; or

(2) If the foreign statutory trust has no address on file with the Department, in care of the Secretary of State or corresponding official of the jurisdiction in which the foreign statutory trust was formed or is existing, if known to the Department.

(d) On forfeiture of the right of a foreign statutory trust to do business in the State, the foreign statutory trust is subject to the same rules, legal provisions, and sanctions as if it had never registered to do business in the State.
Md. Code, Family Law § 12-203 — MD Code / Article gfl / Title 12 / Subtitle 2 / Section 12-203
§12–203.
Status: in_force

(a) The Supreme Court of Maryland may issue standardized worksheet forms to be used in applying the child support guidelines set forth in this subtitle.

(b) (1) Income statements of the parents shall be verified with documentation of both current and past actual income.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, suitable documentation of actual income includes pay stubs, employer statements otherwise admissible under the rules of evidence, or receipts and expenses if self–employed, and copies of each parent’s 3 most recent federal tax returns.

(ii) If a parent is self–employed or has received an increase or decrease in income of 20% or more in a 1–year period within the past 3 years, the court may require that parent to provide copies of federal tax returns for the 5 most recent years.
Md. Code, Courts and Judicial Proceedings § 12-613 — MD Code / Article gcj / Title 12 / Subtitle 6 / Section 12-613
§12–613.
Status: in_force

This subtitle may be cited as the Maryland Uniform Certification of Questions of Law Act.
Md. Code, Criminal Law § 12-112 — MD Code / Article gcr / Title 12 / Subtitle 1 / Section 12-112
§12–112.
Status: in_force

(a) (1) An indictment for violating the prohibition against gaming is sufficient if it states that the defendant kept a gaming device.

(2) The indictment need not state the particular kind of gaming or gaming device involved in the alleged violation.

(b) A defendant, on timely request, may obtain a bill of particulars.
Md. Code, Financial Institutions § 12-102 — MD Code / Article gfi / Title 12 / Subtitle 1 / Section 12-102
§12–102.
Status: in_force

(a) This subtitle does not apply to check cashing services:

(1) In which a customer presents a payment instrument for the exact amount of a purchase; or

(2) Involving foreign currency exchange services or the cashing of a payment instrument drawn on a financial institution other than a federal, State, or other state financial institution.

(b) (1) This subtitle does not apply to a transaction that is subject to the Maryland Consumer Loan Law (Title 12, Subtitle 3 of the Commercial Law Article and Title 11, Subtitle 2 of this article), including a transaction in which an additional fee is charged to defer the presentment or deposit of a payment instrument until a subsequent date.

(2) A check cashing service is not subject to the Maryland Consumer Loan Law if:

(i) The fee charged for the check cashing service does not exceed the fee permitted under this subtitle;

(ii) No additional fee is charged to defer the presentment or deposit of the payment instrument; and

(iii) The check cashing service is not subject to renewal or extension by any means.
Md. Code, Financial Institutions § 12-428 — MD Code / Article gfi / Title 12 / Subtitle 4 / Section 12-428
§12–428.
Status: in_force

(a) Before the Commissioner denies an application for a license under § 12-409 of this subtitle or takes any action under § 12-426 of this subtitle, the Commissioner shall give the applicant or licensee an opportunity for a hearing.

(b) Notice of the hearing shall be given and the hearing shall be held in accordance with the Administrative Procedure Act.

(c) For a hearing on the proposed suspension or revocation of a license, the hearing notice to be given to the licensee shall be sent by registered or certified mail at least 15 days before the hearing to the place of business stated in the license.
Md. Code, Courts and Judicial Proceedings § 12-309 — MD Code / Article gcj / Title 12 / Subtitle 3 / Section 12-309
§12–309.
Status: in_force

(a) A petition for judicial review of a final decision by the State Board of Contract Appeals in an appeal from the award of a video lottery operation license by the Video Lottery Facility Location Commission may be heard in the circuit court of any county in which venue would be appropriate under § 6–201 of this article.

(b) Except for cases that the court considers to require a higher priority, a proceeding under this section, including any subsequent appellate judicial review, shall:

(1) Take precedence on the court’s docket;

(2) Be heard at the earliest practicable date; and

(3) Be expedited in every way.

(c) Notwithstanding any other provision of law, a party to a proceeding under this section may appeal the decision of the circuit court only by a petition to the Supreme Court of Maryland for the issuance of a writ of certiorari.
Md. Code, Commercial Law § 12-1402 — MD Code / Article gcl / Title 12 / Subtitle 14 / Section 12-1402
§12–1402.
Status: in_force

This subtitle does not apply to a merchant processing agreement between a credit card processor and a business entity:

(1) That may be terminated without assessment of fees, fines, penalties, or liquidated damages; or

(2) If at the time of entry into the merchant processing agreement, the business entity employs 50 or more employees or reasonably estimates that it will generate more than $2,000,000 in credit card or electronic commerce transactions each year.
Md. Code, Public Safety § 12-310 — MD Code / Article gps / Title 12 / Subtitle 3 / Section 12-310
§12–310.
Status: in_force

(a) The issuance, denial, or modification of a certification:

(1) shall be made by the Department; and

(2) may be reviewed by the Department’s board of review.

(b) Local enforcement agency representatives, manufacturers, and installers of industrialized buildings may seek review by the Department of the issuance or denial of a certification.

(c) Any alteration, modification, or attempted use of an industrialized building beyond the scope of the certification results in forfeiture of the certification and insignia unless approval for the modification or use is secured from the Department in advance.
Md. Code, Local Government § 12-506 — MD Code / Article glg / Title 12 / Subtitle 5 / Section 12-506
§12–506.
Status: in_force

(a) This section applies to all counties except:

(1) Anne Arundel County;

(2) Baltimore City;

(3) Baltimore County;

(4) Cecil County;

(5) Charles County;

(6) Howard County;

(7) Prince George’s County;

(8) Queen Anne’s County; and

(9) Worcester County.

(b) The provisions of §§ 9–105 and 9–106 of this article apply to an act, an ordinance, or a resolution adopted by a commission county under this section.

(c) The governing body of a county may:

(1) provide for building, maintaining, or repairing any road or sidewalk condemned, ceded, opened, widened, extended, or straightened as public property;

(2) pay for the cost to build, maintain, or repair a road or sidewalk by imposing a tax on the assessable base of the county or from the county’s share of the State motor fuel tax;

(3) establish the office of county roads engineer; and

(4) establish the powers and duties of the county roads engineer.

(d) The County Commissioners of Somerset County may maintain, repair, or reconstruct any private road that has been used by the public for at least 20 years.
Md. Code, Public Utilities § 12-104 — MD Code / Article gpu / Title 12 / Subtitle 1 / Section 12-104
§12–104.
Status: in_force

(a) This section applies to:

(1) complete replacement of an existing underground facility;

(2) underground storm drain systems and applicable devices; and

(3) an existing previously detectable underground facility or locatable underground facility.

(b) Except as otherwise provided in § 12–129 of this subtitle, on or after October 1, 2021, all newly installed underground facilities shall be detectable or locatable.

(c) Not later than October 1, 2021, any previously detectable underground facility or underground facility locatable during planned or emergency work must be restored to be detectable or locatable.
Md. Code, State Finance and Procurement § 12-508 — MD Code / Article gsf / Title 12 / Subtitle 5 / Section 12-508
§12–508.
Status: in_force

(a) The State Archivist shall:

(1) approve an archivist and historian to conduct the initial analysis required under § 12–506(b) of this subtitle;

(2) within 14 days after receiving the initial report submitted in accordance with § 12–506(b) of this subtitle:

(i) review the report and determine whether, in the professional opinion of the State Archivist, the report is consistent with the standards of the Society of American Archivists and the Council of State Archivists; and

(ii) approve an archivist and historian that will ensure that the process of assembling the records is completed in a manner consistent with:

1. the initial report; and

2. the standards of the Society of American Archivists and the Council of State Archivists;

(3) as needed, provide guidance for and oversight of the process of assembling the records;

(4) after receiving from an entity the information required under § 12–507 of this subtitle, determine whether, in the professional opinion of the State Archivist:

(i) the process of assembling the records is complete;

(ii) the process of assembling the records was completed in a manner consistent with:

1. the initial report submitted in accordance with § 12–506(b) of this subtitle; and

2. the standards of the Society of American Archivists and the Council of State Archivists; and

(iii) the information submitted under § 12–507 of this subtitle is as complete and accurate as possible; and

(5) provide written notice of the determination made under item (4) of this subsection to:

(i) the entity; and

(ii) if the State Archivist determines that the entity met the requirements set forth in item (4)(i), (ii), and (iii) of this subsection, to the unit of State or local government awarding the procurement contract to provide MARC service.

(b) The State Archivist may use a designee to carry out any provision of this section.
Md. Code, Commercial Law § 12-1011 — MD Code / Article gcl / Title 12 / Subtitle 10 / Section 12-1011
§12–1011.
Status: in_force

(a) If a consumer borrower defaults under the terms of a loan and the credit grantor refers the borrower’s account to an attorney who is not a salaried employee of the credit grantor for collection, the credit grantor may, if the agreement, note, or other evidence of the loan permits, charge and collect from the borrower a reasonable attorney’s fee.

(b) If the agreement, note, or other evidence of the loan permits, the credit grantor may recover from the borrower all court and other collection costs actually incurred by the credit grantor relating to the borrower’s default.
Md. Code, Economic Development § 12-712 — MD Code / Article gec / Title 12 / Subtitle 7 / Section 12-712
§12–712.
Status: in_force

§12–712. IN EFFECT

// EFFECTIVE UNTIL SEPTEMBER 30, 2029 PER CHAPTERS 215 AND 216 OF 2025 //

(a) The Authority may create and administer the accounts that it requires.

(b) The Authority shall deposit its money into a Baltimore City or national bank or a federally insured savings and loan association that has a total paid–in capital of at least $1,000,000.

(c) The Authority may designate the trust department of a Baltimore City or national bank or savings and loan association as a depository to receive securities that the Authority owns or acquires.
Md. Code, Housing and Community Development § 12-505 — MD Code / Article ghs / Title 12 / Subtitle 5 / Section 12-505
§12–505.
Status: in_force

Unless the General Assembly specifically states otherwise, State law on the financing, acquisition, operation, or disposition of property by other State public bodies does not apply to an authority.
Md. Code, Commercial Law § 12-803 — MD Code / Article gcl / Title 12 / Subtitle 8 / Section 12-803
§12–803.
Status: in_force

A mortgage broker may not be a director, officer, or employee of any lender where he places a loan.
Md. Code, Public Safety § 12-806 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-806
§12–806.
Status: in_force

(a) Except as otherwise provided in this section, each elevator unit shall be inspected, tested, and maintained in a safe operating condition in accordance with:

(1) the Safety Code; and

(2) any other regulations adopted by the Commissioner.

(b) (1) (i) Subject to subparagraph (ii) of this paragraph, an elevator unit installed before July 1, 1955, may be used without being altered or rebuilt to comply with the requirements of the Safety Code.

(ii) Each elevator shall be equipped with standard hoistway entrance protection, and each passenger elevator of more than 100 feet per minute contract speed shall be provided with car doors or gates that meet the requirements of the Safety Code.

(2) Notwithstanding any other provision of this subsection, each elevator unit installed before July 1, 1955:

(i) shall be maintained in a safe operating condition so as not to create a substantial probability of serious physical harm or death; and

(ii) is subject to inspections and tests as required.

(c) (1) For purposes of this subsection, an alteration of an existing elevator unit is any change made to it other than the repair or replacement of damaged, worn, or broken parts necessary for normal operation.

(2) Each alteration or relocation of an elevator unit installed after January 1, 1975, shall meet the requirements of the Safety Code.

(d) (1) A test on an elevator unit performed in connection with an inspection required by this subtitle, the Safety Code, or a regulation adopted by the Commissioner shall be performed by a licensed elevator mechanic.

(2) A third–party qualified elevator inspector required to witness a test performed on an elevator unit in accordance with this subtitle, the Safety Code, or a regulation adopted by the Commissioner shall be physically present during the entire test to witness that the test was performed correctly and to verify the proper recording of the test result.

(3) A State inspector shall oversee all third–party qualified elevator inspectors and retains authority over final acceptance of new construction, modernization, and service upgrade turnovers of elevators.

(4) Subject to subsection (g) of this section, a test requiring the presence of a third–party qualified elevator inspector shall be conducted in accordance with the following:

(i) beginning October 1, 2018, a 5–year test on an elevator of a privately owned building that requires an inspector to witness the test shall be performed by a licensed elevator mechanic in the physical presence of a third–party qualified elevator inspector;

(ii) beginning October 1, 2019, a test on an elevator of a publicly owned building that requires an inspector to witness the test shall be performed by a licensed elevator mechanic in the physical presence of a third–party qualified elevator inspector;

(iii) beginning October 1, 2021, an annual test on an elevator, except for a direct–acting hydraulic elevator, of a privately owned building that requires an inspector to witness the test shall be performed by a licensed elevator mechanic in the physical presence of a third–party qualified elevator inspector; and

(iv) beginning October 1, 2022, an annual test on a direct–acting hydraulic elevator of a privately owned building that requires an elevator inspector to witness the test shall be performed by a licensed elevator mechanic in the physical presence of a third–party qualified elevator inspector.

(e) (1) A third–party qualified elevator inspector or the owner or agent of the owner of the elevator shall schedule a test in accordance with subsection (d) of this section.

(2) (i) The third–party qualified elevator inspector shall contact the elevator contracting company and the property owner not less than 60 days in advance to schedule the test for a date and time that is reasonably convenient for all parties involved.

(ii) The owner or agent of the owner shall contact the elevator contracting company not less than 60 days in advance to schedule the test for a date and time that is reasonably convenient for all parties involved.

(3) In the event of an unforeseen circumstance or undue hardship, any party involved in scheduling the test may reschedule the test.

(4) The third–party qualified elevator inspector shall notify the Commissioner of the time, date, and location of each test.

(f) On written request, the Commissioner may grant exceptions from the literal requirements or allow the use of devices or methods other than those specified under the Safety Code and other regulations adopted by the Commissioner if:

(1) it is evident that the exception is necessary to prevent undue hardship; or

(2) existing conditions prevent practical compliance and in the opinion of the Commissioner reasonable safety can be secured.

(g) (1) If the Commissioner determines that the number of third–party qualified elevator inspectors is insufficient to meet the requirements of subsection (d)(4)(ii) of this section, a licensed elevator mechanic may perform a test in the physical presence of an available third–party qualified elevator inspector, or a State inspector to make up for the deficient number of third–party qualified elevator inspectors.

(2) If the Commissioner subsequently determines that the number of third–party qualified elevator inspectors is sufficient to meet the requirements of subsection (d)(4)(ii) of this section, a licensed elevator mechanic shall perform a test in the physical presence of a third–party qualified elevator inspector.

(3) The Commissioner shall adopt regulations to implement this subsection.
Md. Code, Criminal Law § 12-113 — MD Code / Article gcr / Title 12 / Subtitle 1 / Section 12-113
§12–113.
Status: in_force

(a) The Office of the Attorney General, the State Lottery and Gaming Control Commission, the Department of State Police, local law enforcement units, and the court shall construe liberally this title relating to gambling and betting to prevent the activities prohibited.

(b) A decision by the State Lottery and Gaming Control Commission shall be the final determination as to whether a gaming device being operated in the State is:

(1) a legal gaming device or device consistent with the provisions of this article; and

(2) being operated in a lawful manner under this article.

(c) If a local law enforcement unit fails to promptly enforce a final determination made under subsection (b) of this section, the State Lottery and Gaming Control Commission shall refer the matter to the Department of State Police for enforcement of the law.
Md. Code, Alcoholic Beverages and Cannabis § 12-1308 — MD Code / Article gab / Title 12 / Subtitle 13 / Section 12-1308
§12–1308.
Status: in_force

(a) This section applies in:

(1) ward 27, precincts 42 and 44 of the 41st legislative district of the City;

(2) ward 27, precincts 41 and 48 of the 43rd legislative district of the City;

(3) ward 12, precinct 3 of the 43rd legislative district of the City;

(4) ward 11, precinct 5 of the 44th legislative district of the City;

(5) the 3000 block of Frederick Avenue in ward 20, precinct 9 of the 44A legislative district of the City, based on the Legislative Districting Plan of 2022; and

(6) the 46th legislative district of the City.

(b) There is a Class BWLT beer, wine, and liquor (on premises) tasting license.

(c) The Board may issue the license to a holder of a:

(1) Class A beer, wine, and liquor license only in a location specified in subsection (a)(1) through (5) of this section; or

(2) Class A–7 beer, wine, and liquor license only in the 46th legislative district of the City.

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

(e) The license may be issued as:

(1) a daily tasting license, that may be issued not more than 12 times to a single license holder in a license year;

(2) a 26–day or 52–day tasting license, each of which may be used consecutively or nonconsecutively; and

(3) a tasting license that may be used daily throughout the year.

(f) (1) An applicant shall apply for the license on a form that the Board provides.

(2) The form shall specify the date or dates on which the tasting is requested to occur.

(3) The application and payment for the daily license shall be submitted at least 7 days before the tasting event.

(4) The application and payment for the 26–day tasting license and the 52–day tasting license shall be made at least 7 days before the first proposed tasting event.

(5) The holder of a 26–day tasting license and the holder of a 52–day tasting license shall notify the Board, on a form that the Board approves, of additional tasting events authorized by the licenses.

(g) The license holder may exercise the privileges under the license during the hours and days provided for under the license holder’s Class A license.

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

(1) 1 ounce of light wine from an offering in a day;

(2) 3 ounces of beer from an offering in a day; and

(3) one–half ounce of liquor from an offering in a day.

(i) At the end of each day for which the license is valid, the license holder shall dispose of any alcoholic beverage that remains in a container opened for tasting.

(j) The Board shall set the license fee.
Md. Code, Business Occupations and Professions § 12-207 — MD Code / Article gbo / Title 12 / Subtitle 2 / Section 12-207
§12–207.
Status: in_force

(a) In addition to any powers set forth elsewhere, the Board may adopt regulations to carry out the provisions of this title.

(b) In addition to any duties set forth elsewhere, the Board shall enforce the provisions of this title.
Md. Code, Business Regulation § 12-209 — MD Code / Article gbr / Title 12 / Subtitle 2 / Section 12-209
§12–209.
Status: in_force

(a) (1) Except as otherwise provided, in this subsection, a dealer’s or applicant’s agents, employees, management personnel, or partners include only those individuals who are directly involved in pawn transactions or the acquisition or sale of secondhand precious metals on behalf of the dealer or applicant.

(2) Subject to the hearing provisions of § 12-210 of this subtitle, the Secretary may deny a license to an applicant, reprimand a licensee, or suspend or revoke a license if the applicant or licensee or an agent, employee, manager, or partner of the applicant or licensee:

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

(ii) fraudulently or deceptively uses a license;

(iii) has a similar license denied, suspended, or revoked in another jurisdiction;

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

1. felony; or

2. misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to be involved in a pawn transaction or the sale or acquisition of secondhand precious metals;

(v) knowingly employs or knowingly continues to employ, after being notified by the Secretary, an individual who, under the laws of the United States or of any state, is convicted of:

1. a felony; or

2. a misdemeanor that is directly related to the fitness and qualification of the employee to be involved in a pawn transaction or the sale or acquisition of secondhand precious metals;

(vi) knowingly employs or knowingly continues to employ in any capacity, after being notified by the Secretary, an individual whose precious metals dealer’s license has been revoked;

(vii) willfully fails to provide or willfully misrepresents any information required to be provided under this title;

(viii) violates this title; or

(ix) violates a regulation adopted under this title.

(3) (i) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Secretary may impose a penalty not exceeding $5,000 for each violation.

(ii) To determine the amount of the penalty imposed under this subsection, the Secretary shall consider:

1. the seriousness of the violation;

2. the harm caused by the violation;

3. the good faith of the licensee; and

4. any history of previous violations by the licensee.

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

(5) The Secretary shall distribute periodically to all dealers a list of individuals whose licenses have been revoked in the State.

(b) (1) If a licensee is charged with a violation of this title that could result in suspension or revocation of the license, or if the Secretary has probable cause to believe that this title has been, or will be, violated through transactions likely to occur pursuant to § 12-206 of this subtitle, the Secretary may seek from a circuit court an immediate restraining order to prohibit the licensee from:

(i) buying or selling a secondhand precious metal object;

(ii) disposing of a secondhand precious metal object; or

(iii) disposing of a record about a secondhand precious metal object.

(2) The restraining order is in effect until:

(i) the court lifts the order;

(ii) the charges are adjudicated or dismissed; or

(iii) in the case of an event held in accordance with § 12-206 of this subtitle, arrangements are made by the licensee which will ensure compliance with the provisions of this title.

(c) The Secretary shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(2)(iv) of this section:

(1) the nature of the crime;

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

(3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to act as a pawnbroker or a secondhand precious metal object dealer;

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

(5) the behavior and activities of the applicant or licensee before and after the conviction.
Md. Code, Public Utilities § 12-134 — MD Code / Article gpu / Title 12 / Subtitle 1 / Section 12-134
§12–134.
Status: in_force

(a) To stop or prevent a negligent or unsafe excavation or demolition, an owner or the Attorney General may file an action for a writ of mandamus or injunction in a court of competent jurisdiction in Baltimore City or the county in which the excavation or demolition is being performed or is to be performed or in which the person resides or has its principal place of business, if the person:

(1) is performing an excavation or demolition in a negligent or unsafe manner that has resulted in or is likely to result in damage to an underground facility; or

(2) is intending to use procedures to carry out the excavation or demolition that are likely to result in damage to an underground facility.

(b) (1) To make its judgment or processes effective, the court may join as parties any persons necessary or proper.

(2) If appropriate, the court shall issue a final order granting the injunction or writ of mandamus.
Md. Code, Financial Institutions § 12-117 — MD Code / Article gfi / Title 12 / Subtitle 1 / Section 12-117
§12–117.
Status: in_force

A licensee shall comply with all federal and State laws concerning money laundering.
Md. Code, Criminal Procedure § 12-313 — MD Code / Article gcp / Title 12 / Subtitle 3 / Section 12-313
§12–313.
Status: in_force

Except for purposes of impeachment, a statement made by a person regarding ownership of seized property during the course of a forfeiture proceeding is not admissible in a related criminal prosecution.
Md. Code, Local Government § 12-528 — MD Code / Article glg / Title 12 / Subtitle 5 / Section 12-528
§12–528.
Status: in_force

(a) This section applies only to:

(1) Somerset County;

(2) Wicomico County; and

(3) Worcester County.

(b) (1) Subject to subsection (c) of this section, the governing body of a county may contract with the owner of a private road in the county for the county to take over and maintain the private road if the owner pays an annual maintenance charge to the county to cover the maintenance expenses of the county for the private road.

(2) The governing body may provide that the maintenance charge imposed under this section is a lien on the property affected and shall be collected in the same manner as county real property taxes.

(c) The County Council of Wicomico County may not enter into a contract in accordance with this section unless the contract concerns a private road on which there are at least three dwelling houses.
Md. Code, Alcoholic Beverages and Cannabis § 12-104 — MD Code / Article gab / Title 12 / Subtitle 1 / Section 12-104
§12–104.
Status: in_force

(a) To be considered a restaurant, an establishment shall meet the requirements of this section.

(b) An establishment shall have average daily receipts from the sale of food that are at least 40% of its total daily receipts.

(c) The Board may not consider as food an ingredient or a garnish used with or mixed with an alcoholic beverage that is prepared and served for on–premises consumption.

(d) (1) The Board may waive the food requirement specified under subsection (b) of this section for a restaurant:

(i) owned and operated by a nonprofit organization in the area bounded by South Ellwood Avenue on the west, Bank Street on the north, South Bouldin Street on the east, and Fleet Street on the south; or

(ii) operated in the area bounded by South Eden Street on the west, Bank Street on the north, South Spring Street on the east, and Eastern Avenue on the south.

(2) For a license that meets the qualifications under paragraph (1) of this subsection, the Board may approve an expansion of the licensed premises onto a noncontiguous property with a second separate use permit issued by the City, if the second separate use permit specifically refers to the alcoholic beverages license at the primary location.
Md. Code, Health Occupations § 12-307 — MD Code / Article gho / Title 12 / Subtitle 3 / Section 12-307
§12–307.
Status: in_force

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

(b) Except as otherwise provided in this section, a pharmacist may engage in dispensing or distributing only from a pharmacy holding a pharmacy permit issued by the Board.

(c) (1) Pursuant to regulations adopted by the Board, a licensed pharmacist may engage in dispensing or distributing from a setting not holding a pharmacy permit only upon receiving the prior approval of the Board.

(2) The Board shall adopt regulations that authorize a pharmacist to dispense or distribute from a remote location for the benefit of a health care facility that uses a remote automated medication system in accordance with § 12–605 of this title.

(d) A licensed pharmacist may delegate pharmacy acts to a registered pharmacy technician, pharmacy student, or pharmacy technician trainee only if the delegated pharmacy acts:

(1) Are directly supervised by a licensed pharmacist;

(2) Are not required to be performed by a licensed pharmacist;

(3) Are within the education, training, experience, and area of practice of the delegating licensed pharmacist; and

(4) Are appropriate to the education, training, and experience of the registered pharmacy technician, pharmacy student, or pharmacy technician trainee.

(e) A licensed pharmacist may delegate the entry of prescription–related data into databases or patient charts to be performed at a remote location to a registered pharmacy technician or a registered pharmacy intern if:

(1) The registered pharmacy technician or registered pharmacy intern has immediate electronic access to a pharmacist who can provide assistance as needed; and

(2) The data entry:

(i) Is not required to be performed by a licensed pharmacist;

(ii) Is within the education, training, experience, and area of practice of the delegating licensed pharmacist;

(iii) Is appropriate to the education, training, and experience of the registered pharmacy technician or the registered pharmacy intern; and

(iv) If the data entry involves access to protected patient information under the federal Health Insurance Portability and Accountability Act of 1996, can be performed in a manner that maintains the confidentiality of patient information.
Md. Code, Commercial Law § 12-632 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-632
§12–632.
Status: in_force

In connection with an installment sale agreement, a sales finance company may:

(1) Renew or extend the time for payment of any installment sale agreement or any installment; or

(2) Refund to the buyer, for subsequent repayment by him, the amount of any installment previously paid.
Md. Code, Transportation § 12-107 — MD Code / Article gtr / Title 12 / Subtitle 1 / Section 12-107
§12–107.
Status: in_force

(a) In this section, “lease” means the rental or leasing of a vehicle for a period exceeding 180 days.

(b) The Administration may conduct investigations and inquiries and require additional information concerning:

(1) Any application made to it under the Maryland Vehicle Law; or

(2) Any other matter subject to the jurisdiction of the Administration.

(c) Each person who leases a motor vehicle, trailer, or semitrailer to another person shall keep a record of:

(1) The registration number of the leased vehicle; and

(2) The name and address of the lessee.

(d) Any police officer or authorized representative of the Administration may inspect the records kept under subsection (c) of this section.
Md. Code, Tax - Property § 12-117 — MD Code / Article gtp / Title 12 / Subtitle 1 / Section 12-117
§12–117.
Status: reserved

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

(2) “Controlling interest” means:

(i) more than 80% of the total value of all classes of stock of a corporation;

(ii) more than 80% of the total interest in capital and profits of a partnership, association, limited liability company, or other unincorporated form of doing business; or

(iii) more than 80% of the beneficial interest in a trust.

(3) “Final transfer” means that transfer of any portion of a controlling interest that completes the transfer of a controlling interest in a real property entity.

(4) (i) “Plan of transfer” means an intentional plan or program to transfer the controlling interest in a real property entity.

(ii) “Plan of transfer” does not include a series of sales of shares of a publicly traded entity.

(5) (i) “Real property” means real property located in the State.

(ii) “Real property” does not include:

1. a leasehold, unless created by a lease that is required to be recorded under § 3–101(a) of the Real Property Article; or

2. any mortgage, deed of trust, or other lien on or security interest in real property that secures an indebtedness.

(6) (i) “Real property entity” means a corporation, partnership, association, limited liability company, limited liability partnership, other unincorporated form of doing business, or trust that directly or beneficially owns real property that:

1. constitutes at least 80% of the value of its assets; and

2. A. has an aggregate value of at least $1,000,000; or

B. is the product of an untaxed conversion from a sole proprietorship effected under the exemption provided under § 12–108(y) of this title.

(ii) For the purposes of this paragraph, the value of real property shall be determined without reduction for any mortgage, deed of trust, or other lien on or security interest in the real property.

(iii) “Real property entity” does not include an entity with land holdings that, other than homesites or areas of commercial activity related to agricultural production, are entirely subject to an agricultural use assessment under § 8–209 of this article.

(b) (1) The recordation tax is imposed on the transfer of a controlling interest in a real property entity as if the real property, directly or beneficially owned by the real property entity, was conveyed by an instrument of writing that is recorded with the clerk of the circuit court for a county or filed with the Department under § 12–102 of this title.

(2) (i) The recordation tax is imposed on the consideration payable for the transfer of the controlling interest in the real property entity.

(ii) The consideration to which the recordation tax applies includes the amount of:

1. any mortgage, deed of trust, or other lien on or security interest in the real property directly or beneficially owned by the real property entity; and

2. any other debt or encumbrance of the real property entity.

(iii) The consideration to which the recordation tax applies is reduced by the amount allocable to the assets of the real property entity other than real property.

(iv) The real property entity has the burden of establishing to the satisfaction of the Department the consideration referred to in subparagraph (i) of this paragraph and the amount of any consideration allocable to assets other than real property referred to in subparagraph (iii) of this paragraph.

(v) If the real property entity fails to establish the amount of consideration referred to in subparagraph (i) of this paragraph, the recordation tax is imposed on the value of the real property, directly or beneficially owned by the real property entity, determined by the Department at the date of finality immediately before the date of the final transfer.

(3) Except as otherwise provided in § 12–103(d) of this title, the recordation tax is applied at the rate set under § 12–103(b) of this title by the county where the real property is located.

(c) (1) (i) Except as provided in subparagraph (ii) of this paragraph, the transfer of a controlling interest in a real property entity is not subject to recordation tax if the transfer of the real property owned by the real property entity between the same transferor and transferee of the controlling interest and under the same circumstances would have been exempt under § 12–108 of this title.

(ii) Subparagraph (i) of this paragraph does not apply to transactions under § 12–108(y)(2)(i)3 of this title.

(2) The recordation tax is not imposed on the transfer of a controlling interest in a real property entity effected in more than one transaction if:

(i) the transfer is completed over a period of more than 12 months; or

(ii) the transfer is not made in accordance with a plan of transfer.

(3) The recordation tax is not imposed on the transfer of a controlling interest in a real property entity if the ownership interests in the real property entity are owned, directly or indirectly, by the same persons and in the same proportions after the transfer.

(4) The recordation tax is not imposed on the transfer of a controlling interest in a real property entity if the transferee of the controlling interest in the real property entity is:

(i) a nonstock corporation organized under Title 5, Subtitle 2 of the Corporations and Associations Article; and

(ii) registered with the Department of Aging as a continuing care retirement community under § 10–408 of the Human Services Article.

(5) The real property entity has the burden of establishing to the satisfaction of the Department the applicability of any exemption referred to in paragraphs (1) through (4) of this subsection.

(d) (1) The real property entity shall file with the Department a report of any transfer of a controlling interest in the real property entity that is completed within a period of 12 months or less within 30 days following the date of the final transfer.

(2) The report shall include all information to establish to the satisfaction of the Department:

(i) the consideration referred to in subsection (b)(2)(i) of this section;

(ii) the amount of assets other than real estate referred to in subsection (b)(2)(ii) of this section; and

(iii) any exemption provided for in subsection (c) of this section.

(3) The report shall be accompanied by payment of:

(i) a $20 filing fee; and

(ii) any tax, interest, and penalty that is due.

(e) (1) If any tax due under this section remains unpaid for 30 days after the date of the final transfer:

(i) interest on the unpaid amount shall accrue thereafter at the rate of 1% per month; and

(ii) a penalty of 10% of the unpaid amount shall be due.

(2) Any tax, interest, and penalty due under this section is an obligation of the real property entity.

(3) For reasonable cause, the Department may waive the imposition of interest or penalty.

(f) This section does not apply to:

(1) a pledge of stock or other interest in a real property entity as security for a loan; or

(2) the admission to the real property entity of additional shareholders, partners, beneficial owners, or other members incident to the raising of additional capital through a public or private offering of stock or other interests in the real property entity if:

(i) the effective management of the real property entity is not substantially changed; and

(ii) under the terms of the offering, none of the new members is expected to participate in the day–to–day management of the real property entity.

(g) (1) The Department shall adopt regulations to administer this section.

(2) The regulations shall include any additional standards and exemptions to assure that:

(i) a tax is imposed when a transaction is structured involving a controlling interest in a real property entity to avoid payment of the recordation tax;

(ii) exemptions provided by law when real property is transferred by an instrument of writing are applicable; and

(iii) there is no double taxation of a single transaction.
Md. Code, Economic Development § 12-304 — MD Code / Article gec / Title 12 / Subtitle 3 / Section 12-304
§12–304.
Status: in_force

(a) The General Assembly intends that general obligation debt may be incurred by issuing bonds if the purposes for the debt include the purposes for issuing bonds under this subtitle.

(b) Subject to subsections (c) and (d) of this section, a political subdivision may issue bonds to finance the redevelopment of a designated blighted area in accordance with the procedures of the political subdivision for authorization to sell and issue bonds.

(c) A bond issued in accordance with an ordinance or resolution that pledges the full faith and credit of a political subdivision is subject to:

(1) any applicable requirements of the Constitution and the political subdivision’s charter and laws on referendum for the issuance of general obligation debt; and

(2) each limitation imposed by public general law, public local law, or charter on general obligation debt of the political subdivision.

(d) (1) This subsection does not apply to a county that is a charter county, as defined in § 1–101 of the Local Government Article, or a code county, as defined in § 1–101 of the Local Government Article.

(2) A county may not issue bonds that are secured by the full faith and credit of the county unless the amount of bonds to be issued by the county under this subtitle is first authorized by the General Assembly.
Md. Code, Criminal Procedure § 12-101 — MD Code / Article gcp / Title 12 / Subtitle 1 / Section 12-101
§12–101.
Status: in_force

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

(b) “Chief executive officer” means:

(1) for Baltimore City, the Mayor;

(2) for a charter county, the county executive or, if there is no county executive, the county council;

(3) for a code county, the county commissioners or county council;

(4) for a county commissioner county, the county commissioners; or

(5) for a municipal corporation, the legislative body established by municipal charter.

(c) “Controlled Dangerous Substances law” means Title 5 of the Criminal Law Article.

(d) “Convicted” means found guilty.

(e) “Final disposition” means a dismissal, entry of a nolle prosequi, the marking of a criminal charge “stet” on the docket, entry of a not guilty verdict, the pronouncement of sentence, or imposition of probation under § 6-220 of this article.

(f) “Forfeiting authority” means:

(1) the unit or person designated by agreement between the State’s Attorney for a county and the chief executive officer of the governing body having jurisdiction over assets subject to forfeiture to act on behalf of the governing body regarding those assets; or

(2) if the seizing authority is a unit of the State, a unit or person that the Attorney General or the Attorney General’s designee designates by agreement with a State’s Attorney, county attorney, or municipal attorney to act on behalf of the State regarding assets subject to forfeiture by the State.

(g) “Governing body” includes:

(1) the State, if the seizing authority is a unit of the State;

(2) a county, if the seizing authority is a unit of a county;

(3) a municipal corporation, if the seizing authority is a unit of a municipality; and

(4) Baltimore City, if the seizing authority is the Police Department of Baltimore City.

(h) “Lien” includes a mortgage, deed of trust, pledge, security interest, encumbrance, or right of setoff.

(i) “Lienholder” means a person who has a lien or a secured interest on property created before the seizure.

(j) “Local financial authority” means:

(1) if the seizing authority is a unit of a county, the treasurer or director of finance of the county; or

(2) if the seizing authority is a unit of a municipal corporation, the treasurer or director of finance of that municipal corporation.

(k) (1) “Owner” means a person having a legal, equitable, or possessory interest in property.

(2) “Owner” includes:

(i) a co-owner;

(ii) a life tenant;

(iii) a remainderman to a life tenancy in real property;

(iv) a holder of an inchoate interest in real property; and

(v) a bona fide purchaser for value.

(l) “Proceeds” includes property derived directly or indirectly in connection with or as a result of a crime under the Controlled Dangerous Substances law.

(m) (1) “Property” includes:

(i) real property and anything growing on or attached to real property;

(ii) tangible and intangible personal property, including:

1. securities;

2. negotiable and nonnegotiable instruments;

3. vehicles and conveyances of any type;

4. privileges;

5. interests;

6. claims; and

7. rights;

(iii) an item, object, tool, substance, device, or weapon used in connection with a crime under the Controlled Dangerous Substances law; and

(iv) money.

(2) “Property” does not include:

(i) an item unlawfully in the possession of a person other than the owner when used in connection with a crime under the Controlled Dangerous Substances law; or

(ii) a lessor’s interest in property subject to a bona fide lease, unless the forfeiting authority can show that the lessor participated in a crime under the Controlled Dangerous Substances law or that the property was the proceeds of a crime under the Controlled Dangerous Substances law.

(n) (1) “Real property” means land or an improvement to land.

(2) “Real property” includes:

(i) a leasehold or other limited interest in real property;

(ii) an easement; and

(iii) a reversionary interest in a 99-year ground lease renewable forever.

(o) “Seizing authority” means a law enforcement unit in the State that is authorized to investigate violations of the Controlled Dangerous Substances law and that has seized property under this title.
Md. Code, Housing and Community Development § 12-602 — MD Code / Article ghs / Title 12 / Subtitle 6 / Section 12-602
§12–602.
Status: in_force

An authority may:

(1) exercise its powers to cooperate with, or act as agent for, the federal government in the development or administration of projects by the federal government to make safe and sanitary housing available for military personnel; and

(2) develop or administer such a project for the federal government.
Md. Code, Transportation § 12-104.1 — MD Code / Article gtr / Title 12 / Subtitle 1 / Section 12-104.1
§12–104.
Status: in_force

§12–104.1.

(a) The Administrator may designate employees of the Investigative Division of the Administration to exercise the powers specified in subsection (b) of this section.

(b) (1) An employee appointed under this section may issue citations to the same extent as a police officer if authorized by the Administration, for violations of:

(i) The provisions of Title 13 of this article;

(ii) The provisions of Title 17 of this article relating to required security;

(iii) The provisions of Title 14 of this article relating to falsified, altered, or forged documents and plates;

(iv) The provisions of Title 16 of this article relating to unlawful application for a license, vehicle operation during periods of cancellation, revocation, and suspension of a driver’s license, and duplication or reproduction of an identification card or driver’s license;

(v) The provisions of Title 21 of this article relating to special residential parking permits issued by the Administration;

(vi) The provisions of Title 15 of this article;

(vii) The provisions of § 22–415 of this article relating to odometers; and

(viii) The provisions of this title relating to the issuance of an identification card.

(2) The issuance of citations under this section shall comply with the requirements of § 26–201 of this article.

(c) The Administration shall adopt regulations establishing:

(1) Qualifications for employees appointed under this section including prerequisites of character, training, experience, and education; and

(2) Standards for the performance of the duties assigned to employees appointed under this section.
Md. Code, Local Government § 12-105 — MD Code / Article glg / Title 12 / Subtitle 1 / Section 12-105
§12–105.
Status: in_force

(a) The provisions of §§ 9–105 and 9–106 of this article apply to an act, an ordinance, or a resolution adopted under this section.

(b) The County Commissioners of Garrett County shall have a merit system for all county employees in accordance with the recommendations of the Merit System Commission and Governmental Study Commission of Garrett County.
Md. Code, Alcoholic Beverages and Cannabis § 12-603 — MD Code / Article gab / Title 12 / Subtitle 6 / Section 12-603
§12–603.
Status: in_force

A Class C beer license may not be issued in the City.
Md. Code, Health Occupations § 12-6D-07 — MD Code / Article gho / Title 12 / Subtitle 6D / Section 12-6D-07
§12–6D–07.
Status: in_force

(a) A registered pharmacy intern shall notify the Board of each plea of guilty for, conviction of, or entry of a plea of nolo contendere for a felony or a crime involving moral turpitude, regardless of whether:

(1) An adjudication of guilt or sentencing or imposition of sentence is withheld; or

(2) Any appeal or other proceeding is pending regarding the matter.

(b) The registered pharmacy intern shall notify the Board within 7 days of the conviction or entry of the plea.
Md. Code, State Government § 12-107 — MD Code / Article gsg / Title 12 / Subtitle 1 / Section 12-107
§12–107.
Status: in_force

(a) A claim under this subtitle shall:

(1) contain a concise statement of facts that sets forth the nature of the claim, including the date and place of the alleged tort;

(2) demand specific damages;

(3) state the name and address of each party;

(4) state the name, address, and telephone number of counsel for the claimant, if any; and

(5) be signed by the claimant, or the legal representative or counsel for the claimant.

(b) The Treasurer may:

(1) consider a claim for money damages under this subtitle or delegate wholly or partly this responsibility to other State personnel; and

(2) contract for any support services that are needed to carry out this responsibility properly.

(c) (1) In this section, “structured settlement” means a plan for the payment of a settlement or judgment to a claimant for damages in periodic installments.

(2) Unless a contract with a private insurer provides otherwise, the Treasurer or designee may compromise and settle a claim for money damages after the Treasurer or designee consults with the Attorney General.

(3) The State may enter into a structured settlement to the extent permitted in § 12–104(a)(2) of this subtitle.

(4) If a structured settlement is entered into, the State and the claimant shall select the investment company by mutual agreement.

(5) The acceptance of a settlement by a claimant is, as to that claimant:

(i) final; and

(ii) a complete release of each claim arising from the same cause of action against:

1. the State;

2. each of its units; and

3. all State personnel.

(d) A claim under this subtitle is denied finally:

(1) if the Treasurer or designee sends the claimant, or the legal representative or counsel for the claimant written notice of denial by:

(i) e–mail; or

(ii) regular mail, if regular mail is the only available means of notifying the claimant; or

(2) if the Treasurer or designee fails to give notice of a final decision within 6 months after the filing of the claim.
Md. Code, Economic Development § 12-210 — MD Code / Article gec / Title 12 / Subtitle 2 / Section 12-210
§12–210.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, the governing body of a political subdivision that is not the issuer may pledge under an agreement that its property taxes levied on the tax increment shall be paid into the special fund for the development district, a RISE zone, or a sustainable community.

(2) The agreement shall:

(i) be in writing;

(ii) be executed by the governing bodies of the issuer and the political subdivision making the pledge; and

(iii) run to the benefit of and be enforceable on behalf of any bondholder.

(3) (i) This paragraph applies only in Prince George’s County.

(ii) Subject to § 18–310 of the Land Use Article, the Maryland–National Capital Park and Planning Commission may enter into an agreement with Prince George’s County to pay all or a portion of the property taxes levied by the county under §§ 18–304, 18–306, and 18–307 of the Land Use Article on the tax increment in an extraordinary development district in the county to the county for deposit into a special fund for the extraordinary development district.

(iii) The agreement authorized under subparagraph (ii) of this paragraph shall:

1. be in writing; and

2. be executed by the governing body of Prince George’s County and, on proper authorization, the Maryland–National Capital Park and Planning Commission.

(iv) The Maryland–National Capital Park and Planning Commission may not be an obligor for any bonds issued by Prince George’s County for an extraordinary development district.

(b) The governing body of Prince George’s County may also pledge hotel rental tax revenues to the special fund.

(c) The governing body of a political subdivision, including the issuer, may pledge by or under a resolution, including by an agreement with the issuer, as applicable, that alternative local tax revenues generated within, or that are otherwise determined to be attributable to, a development district that is a transit–oriented development, a RISE zone, a sustainable community, or a State hospital redevelopment be paid, as provided in the resolution, into the special fund to:

(1) secure the payment of debt service on bonds or MEDCO obligations; or

(2) be applied to the other purposes stated in § 12–209 of this subtitle.

(d) (1) With the approval by resolution of the governing body of a political subdivision, the Maryland Economic Development Corporation may pledge alternative revenues generated within or otherwise directly attributable to a project located in an approved development district, a transit–oriented development, a RISE zone, a sustainable community, or a State hospital redevelopment.

(2) The revenues pledged in accordance with paragraph (1) of this subsection shall be paid, as provided in the resolution, into the special fund for the development district, transit–oriented development, RISE zone, sustainable community, or State hospital redevelopment to:

(i) secure the payment of debt service on bonds or MEDCO obligations;

(ii) support the Strategic Infrastructure Revolving Loan Fund established under § 10–134 of this division; or

(iii) be applied to the other purposes stated in § 12–209 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 12-2802 — MD Code / Article gab / Title 12 / Subtitle 28 / Section 12-2802
§12–2802.
Status: in_force

(a) For a violation that is cause for suspension of a license, the Board may:

(1) except as provided in subsections (b) and (c) of this section, for a first offense, impose a fine not exceeding $500 or suspend the license or both; or

(2) except as provided in subsection (c) of this section, for each subsequent offense, impose a fine not exceeding $20,000 or suspend the license or both.

(b) For a first offense of selling alcoholic beverages to an individual under the age of 21 years, the Board may impose a fine not exceeding $1,000 or suspend the license or both.

(c) (1) For the offense of publicizing, selling tickets for, organizing, operating, producing, facilitating, or staging a pub crawl with the knowledge or a reason to know that a pub crawl promoter’s permit required under § 12–1101.1 of this title has not been obtained, the Board shall impose a fine of not less than $1,000 and not more than $20,000 or suspend the license or both.

(2) A person who violates § 12–1101.1 of this title may not be granted a promoter’s permit for at least 1 year.

(d) For the offense by a holder of an alcoholic beverages license of operating the licensed premises outside the hours of operation specified in this title without first obtaining an exemption under § 12–2007 of this title, the Board shall:

(1) for a first offense, impose a fine of not less than $1,000 or suspend the license or both; and

(2) for a second or subsequent offense, impose a fine of not less than $2,000 and not more than $20,000 or suspend the license or both.
Md. Code, Economic Development § 12-402.1 — MD Code / Article gec / Title 12 / Subtitle 4 / Section 12-402.1
§12–402.
Status: in_force

§12–402.1.

This subtitle does not apply in Montgomery County or Prince George’s County.
Md. Code, Health Occupations § 12-603 — MD Code / Article gho / Title 12 / Subtitle 6 / Section 12-603
§12–603.
Status: in_force

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

(2) “Dialysis drugs and devices” means:

(i) Dialysate and dialysis solutions;

(ii) Dialyzers, delivery systems, and their accessory equipment necessary to administer these products;

(iii) Heparin;

(iv) Local anesthetics and any other drugs and devices approved by the Board under subsection (g) of this section;

(v) Needles;

(vi) Syringes; and

(vii) Sterile sodium chloride and sterile potassium chloride.

(3) “Home dialysis distribution permit” means a permit issued by the Board to distribute dialysis drugs and devices to the homes of dialysis patients.

(b) (1) Except as provided under this subsection, a person shall hold a home dialysis distribution permit issued by the Board before the person may distribute dialysis drugs and devices to the home of a dialysis patient.

(2) A licensed pharmacist may distribute dialysis drugs and devices under this section without the home dialysis distribution permit otherwise required by this section.

(c) To qualify for a home dialysis distribution permit, an applicant shall satisfy the Board that the applicant will distribute dialysis drugs and devices in compliance with subsection (h) of this section.

(d) To apply for a home dialysis distribution permit, an applicant shall:

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

(2) Pay to the Board a fee set by the Board.

(e) The Board shall issue a home dialysis distribution permit to any applicant who meets the requirements of this section.

(f) A home dialysis distribution permit issued under this section authorizes the home dialysis distribution permit holder to distribute dialysis drugs and devices to the home of a dialysis patient while the home dialysis distribution permit is effective.

(g) (1) The Board may approve local anesthetics and other drugs and devices for distribution as dialysis drugs and devices under this section.

(2) The Board may adopt rules and regulations to assure safe, proper, and uninterrupted distribution of dialysis drugs and devices, including rules and regulations as to:

(i) Maintaining facilities that are adequate to assure proper security and control of dialysis drugs and devices;

(ii) Keeping records;

(iii) Labeling dialysis drugs and devices;

(iv) Receipts and returns from patients for dialysis drugs and devices;

(v) Reports to the Board; and

(vi) Restrictions on specific dialysis drugs or devices, including limitations on the amounts that may be distributed.

(h) A person authorized to distribute dialysis drugs and devices under this section may distribute only dialysis drugs and devices:

(1) That the Board, after consultation with the State Commission on Kidney Disease, has approved as effective and safe for their intended use;

(2) Under supervision of a person who the Board considers qualified to safeguard and protect the public health;

(3) To an individual:

(i) Who has irreversibly lost function of the individual’s kidneys and requires regular treatment; and

(ii) Who has completed a full course of training in providing the individual’s own dialysis treatment given by:

1. A home dialysis training facility; or

2. An end stage renal disease clinic certified under Medicare; and

(4) In compliance with the rules and regulations adopted by the Board under this section.

(i) Subject to the Administrative Procedure Act, the Board may suspend or revoke the home dialysis distribution permit of any home dialysis distribution permit holder who fails to comply with subsection (h) of this section.
Md. Code, Corporations and Associations § 12-903 — MD Code / Article gca / Title 12 / Subtitle 9 / Section 12-903
§12–903.
Status: in_force

A foreign statutory trust may register with the Department under any name, whether or not it is the name under which it is registered in its jurisdiction of formation, as provided under Title 1, Subtitle 5 of this article.
Md. Code, State Personnel and Pensions § 12-103 — MD Code / Article gsp / Title 12 / Subtitle 1 / Section 12-103
§12–103.
Status: in_force

(a) An employee with a grievance or the grievant's representative may present the grievance free from coercion, discrimination, interference, reprisal, or restraint.

(b) Unless another procedure is provided for by this article, the grievance procedure is the exclusive remedy through which a nontemporary employee in the State Personnel Management System may seek an administrative remedy for violations of the provisions of this article.
Md. Code, Health Occupations § 12-510 — MD Code / Article gho / Title 12 / Subtitle 5 / Section 12-510
§12–510.
Status: in_force

(a) Except as provided in subsection (b) of this section, a pharmacist may provide compounded nonsterile preparations or compounded sterile preparations without a patient–specific prescription to a licensed veterinarian who intends to dispense the compounded nonsterile preparations or compounded sterile preparations in accordance with § 2–313(c) of the Agriculture Article if the pharmacist:

(1) Complies with USP 795 or USP 797, as applicable;

(2) Labels the compounded nonsterile preparations or compounded sterile preparations with:

(i) The name and strength of the compounded nonsterile preparations or compounded sterile preparations or a list of the active ingredients and the strength of the active ingredients in the compounded nonsterile preparations or compounded sterile preparations;

(ii) An appropriate beyond–use date as determined by the pharmacist in accordance with USP–NF standards for pharmacy compounding;

(iii) The quantity of compounded nonsterile preparations or compounded sterile preparations; and

(iv) The name, address, and license number of the pharmacy; and

(3) Complies with applicable federal law and regulations.

(b) (1) This subsection does not apply to dispensing compounded nonsterile preparations or compounded sterile preparations dispensed for a patient–specific prescription.

(2) A pharmacy may not provide compounded nonsterile preparations or compounded sterile preparations compounded using bulk drug substances to a licensed veterinarian:

(i) In an amount greater than 10% of the total amount of drug products sold or dispensed from the pharmacy; or

(ii) If the compounded nonsterile preparations or compounded sterile preparations are copies or close approximations to products approved by the federal Food and Drug Administration.

(3) For purposes of the limitation established in paragraph (2)(i) of this subsection:

(i) The calculation shall be made on an annual basis and use the number of dosage units sold or dispensed; and

(ii) For nonresident pharmacies, the total amount of drug products sold or dispensed shall be the pharmacy’s total business within the State.
Md. Code, Alcoholic Beverages and Cannabis § 12-2007 — MD Code / Article gab / Title 12 / Subtitle 20 / Section 12-2007
§12–2007.
Status: in_force

(a) Except as provided in subsection (b) of this section, a licensed premises shall end all operations, including the serving of alcoholic beverages and food and providing entertainment, at the closing hour for that class of licensed premises specified in this title.

(b) (1) The Board may grant an exemption for remaining open after hours to:

(i) a holder of a Class B restaurant license, only for serving food to patrons seated for dining;

(ii) a pharmacy that fills prescriptions; or

(iii) a holder of a Class D beer, wine, and liquor license that operates a restaurant, if:

1. it is used only for serving food to patrons seated in a dining room that is not adjacent to a bar; and

2. the restaurant is located in the 46th legislative district in the Legislative Districting Plan of 2022.

(2) A pharmacy that receives an exemption under paragraph (1) of this subsection may also sell products other than alcohol after normal closing hours.

(3) A hotel that holds a Class B license and that serves food to seated customers or for private functions or guest rooms may continue to provide food service.

(4) The Board may waive the requirement in paragraph (1)(iii)1 of this subsection that a dining room not be adjacent to a bar.
Md. Code, Alcoholic Beverages and Cannabis § 12-1005 — MD Code / Article gab / Title 12 / Subtitle 10 / Section 12-1005
§12–1005.
Status: in_force

(a) In this section, “video lottery facility” means a facility that holds a license under Title 9, Subtitle 1A of the State Government Article.

(b) There is a Class BWL–VLF (video lottery facility) beer, wine, and liquor license.

(c) (1) The Board may issue a Class BWL–VLF license to an individual or entity that:

(i) owns a video lottery facility that contains at least one food service facility, bar, or lounge; and

(ii) holds a license under Title 9, Subtitle 1A of the State Government Article.

(2) An applicant for a Class BWL–VLF license need not meet any voting or residency requirement.

(d) (1) The license authorizes:

(i) the license holder to sell beer, wine, and liquor by the drink and by the bottle on the premises of the video lottery facility for consumption:

1. anywhere in the video lottery facility; or

2. on grounds controlled by the license holder, as defined in the license;

(ii) the playing of music and dancing; and

(iii) the sale and providing of beer, wine, and liquor throughout the video lottery facility and grounds controlled by the license holder during those days and hours that the video lottery facility is open for business.

(2) Beer, wine, and liquor purchased under the license may be taken anywhere in a video lottery facility or on grounds controlled by the license holder, as defined in the Class BWL–VLF license.

(e) (1) The annual license fee is $17,500.

(2) The annual license fee shall be paid to the Board on or before May 1.
Md. Code, Local Government § 12-410 — MD Code / Article glg / Title 12 / Subtitle 4 / Section 12-410
§12–410.
Status: in_force

(a) The County Commissioners of St. Mary’s County may sell to a government unit located in the county surplus school board real property:

(1) without advertising the property for sale; and

(2) after obtaining three independent appraisals.

(b) The County Commissioners of St. Mary’s County may sell surplus county real property at a public or private sale if, subject to county procedures, the county commissioners hold a hearing on the sale and provide adequate notice of the hearing.

(c) (1) By resolution, the County Commissioners of St. Mary’s County may transfer surplus real property in the county to a private nonprofit corporation in the county or to the Housing Authority of St. Mary’s County with or without consideration, if the county commissioners:

(i) hold a public hearing;

(ii) at the hearing, solicit and accept comments concerning the transfer; and

(iii) at the hearing, consider issues related to the transfer that include:

1. compatibility of the proposed use with the neighborhood;

2. financial issues, including the ability of the proposed transferee to construct, renovate, maintain, and operate a facility on the property;

3. the historical significance of the property; and

4. unique characteristics of any structure on the property.

(2) The notice of the public hearing shall:

(i) be published at least once each week for 2 successive weeks, with the last notice advertised at least 7 days before the date of the hearing in a newspaper of general circulation in the county; and

(ii) include an appraisal of the property obtained by the county commissioners.

(3) The county commissioners shall adopt regulations to implement this subsection.
Md. Code, Financial Institutions § 12-906 — MD Code / Article gfi / Title 12 / Subtitle 9 / Section 12-906
§12–906.
Status: reserved

(a) Whether or not the person maintains an office in this State, a person may not provide debt management services to consumers unless the person:

(1) Is licensed by the Commissioner under this subtitle; or

(2) Is exempt from licensing under this subtitle.

(b) A licensee may do business as a debt management services provider only at a licensed location or as otherwise authorized by the Commissioner through regulation.

(c) During the time period established by the Commissioner under subsection (d) of this section, each licensee shall:

(1) Obtain and maintain a valid unique identifier issued by NMLS when an account is created with NMLS;

(2) Transfer licensing information to NMLS; and

(3) Pay to the Commissioner a license extension fee calculated in accordance with subsection (d)(5) of this section.

(d) (1) The Commissioner shall establish a time period that is not less than 2 months within which a licensee must transfer licensing information to NMLS.

(2) The time period that the Commissioner establishes under this subsection shall begin on or after July 1, 2017.

(3) At least 30 days before the transfer period begins, the Commissioner shall:

(i) Notify all licensees of the transfer period; and

(ii) Provide instructions for the transfer of licensing information to NMLS.

(4) For each licensee that complies with subsection (c) of this section, the term of the licensee’s license shall extend to December 31 of the year in which the license otherwise would have expired.

(5) The license extension fee required under subsection (c)(3) of this section is nonrefundable and, based on the annual license fee, shall be prorated to the number of days between the date the license otherwise would have expired and December 31 of the same year.

(e) Subject to subsection (c) of this section, an applicant for an initial license or a license renewal shall apply for the initial license or license renewal through NMLS:

(1) On or after July 1, 2017; or

(2) If the Commissioner has not joined NMLS with respect to persons required to be licensed under this subtitle as of July 1, 2017, on or after the date that the Commissioner joins, as specified by the Commissioner by public notice.
Md. Code, State Government § 12-103.2 — MD Code / Article gsg / Title 12 / Subtitle 1 / Section 12-103.2
§12–103.
Status: in_force

§12–103.2.

(a) In this section, “tort claim” means a tort claim filed in State court relating to the administration of a State program under Title 3, Subtitle 4 of the Human Services Article by the Montgomery County government.

(b) (1) A tort claim shall be considered, defended, settled, and paid in the same manner as any other claim covered by the Montgomery County Self–Insurance Fund.

(2) Under this section, whenever Montgomery County administers a State program under Title 3, Subtitle 4 of the Human Services Article, Montgomery County acts as a unit of the State, and any tort claim shall name the State of Maryland as the proper defendant.

(c) Liability for a tort claim may not exceed the insurance coverage granted to units of State government under Title 9 of the State Finance and Procurement Article.

(d) (1) The State Treasurer is not liable under § 9–107(c) of the State Finance and Procurement Article for a tort claim.

(2) For tort claims, the duties, responsibilities, and liabilities of the Treasurer under this subtitle shall be assumed by the Montgomery County Self–Insurance Fund with damages limited in accordance with subsection (c) of this section.
Md. Code, Health Occupations § 12-802 — MD Code / Article gho / Title 12 / Subtitle 8 / Section 12-802
§12–802.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all rules and regulations adopted under this title shall terminate and be of no effect after July 1, 2030.
Md. Code, Transportation § 12-118 — MD Code / Article gtr / Title 12 / Subtitle 1 / Section 12-118
§12–118.
Status: in_force

(a) Except as specifically provided by law, all money received under the Maryland Vehicle Law shall be accounted for and remitted to the State Comptroller.

(b) Out of the money remitted to the State Comptroller under the Maryland Vehicle Law, the State Comptroller shall:

(1) Pay or retain enough to pay all refunds of taxes or fees provided for in the Maryland Vehicle Law;

(2) Credit to the Gasoline and Motor Vehicle Revenue Account of the Transportation Trust Fund the revenues specified in § 8–402 of this article, after retaining enough to pay:

(i) The salaries and other expenses of the State Highway Administration in enforcing Title 24 of this article;

(ii) The salaries and other expenses of the Commercial Vehicle Enforcement Division of the Department of State Police as approved by the Department in enforcing Title 23, Subtitle 4 of this article, Title 24 of this article, the provisions of the Tax – General Article on the motor carrier tax, and the provisions of Title 10 of the Business Regulation Article on motor fuel fraud and motor fuel tax fraud;

(iii) Funds required, in addition to the funding provided in § 13–804 of this article, for the salaries and other expenses of the Automotive Safety Enforcement Division of the Department of State Police as approved by the Department in enforcing Title 23 of this article and Subtitle 6 of Title 22 of this article; and

(iv) The salaries and other expenses of the Department of State Police and other State agencies, as approved by the Department, in enforcing the provisions of § 25–111 of this article; and

(3) Credit the balance to the Transportation Trust Fund.

(c) (1) Except as provided in paragraph (2) of this subsection, notwithstanding any other law and in addition to any other exceptions provided by law, all costs, fines, penalties, and forfeitures received by or paid to the District Court under the Maryland Vehicle Law shall be collected and remitted as provided in the Courts Article.

(2) The Comptroller shall distribute revenue from the civil fines collected through use of a work zone speed control system controlled by a State agency under § 21–810 of this article to a special fund, to be used only as provided in subsection (e) of this section.

(d) Except as provided in subsection (b) of this section, and except for funds received from the Department and the Maryland Transportation Authority for services rendered under agreements with the Department and the Maryland Transportation Authority, the salaries and expenses of the Department of State Police and the State Police Retirement System shall be paid from the general funds of this State.

(e) Money in the special fund established under subsection (c)(2) of this section:

(1) Shall be distributed first to the Department of State Police and the State Highway Administration to cover the costs of implementing and administering work zone speed control systems;

(2) After the distribution under item (1) of this subsection, 25% of any remaining balance shall be distributed to the Department of State Police to be used only for the purchase of replacement vehicles and related motor vehicle equipment used to outfit police vehicles; and

(3) After the distributions under items (1) and (2) of this subsection, the remaining balance shall be distributed to the Transportation Trust Fund for:

(i) Highway and work zone safety purposes; and

(ii) State Highway Administration system preservation.
Md. Code, Commercial Law § 12-1108 — MD Code / Article gcl / Title 12 / Subtitle 11 / Section 12-1108
§12–1108.
Status: in_force

(a) When a rental-purchase agreement is satisfied and replaced by a new rental-purchase agreement between the lessor and consumer, the lessor and consumer shall negotiate a new rental-purchase agreement requiring new disclosures.

(b) The following do not require the negotiation of a new rental-purchase agreement:

(1) The addition or return of rental property under a multiple-item agreement or the substitution of the rental property, if in either case the average payment allocable to a payment period is not changed by more than 25 percent;

(2) A deferral or extension of 1 or more rental payments, or portions of a rental payment;

(3) A reduction in charges in the rental-purchase agreement; or

(4) A rental-purchase agreement involved in a court proceeding.
Md. Code, Local Government § 12-516 — MD Code / Article glg / Title 12 / Subtitle 5 / Section 12-516
§12–516.
Status: in_force

At the first meeting of the governing body of a county following the meeting at which the examiners submit their report on the proposed opening, altering, or closing of a road, if no objection is made on the report, the governing body may:

(1) affirm, reject, or amend a finding or determination of the examiners; or

(2) continue the proceeding over to the next meeting of the governing body and to successive meetings.
Md. Code, Education § 12-113 — MD Code / Article ged / Title 12 / Subtitle 1 / Section 12-113
§12–113.
Status: in_force

(a) Consistent with § 15–107 of this article and any other applicable law, the Board of Regents may establish, invest in, finance, and operate businesses or business entities when the Board finds that doing so would further one or more goals of the University and is related to the mission of the University.

(b) (1) A business entity established, invested in, financed, or operated in accordance with this section may not be considered an agency or instrumentality of the State or a unit of the Executive Branch for any purpose.

(2) A financial obligation or liability of a business entity established, invested in, financed, or operated in accordance with this section may not be a debt or obligation of the State or University.

(c) (1) Subject to the requirements of this section, an institution may establish, invest in, finance, or operate a corporation, foundation, consortium, or other entity that is intended to support a high impact economic development activity, as defined in § 12–104.1 of this subtitle.

(2) Notwithstanding the provisions of §§ 5–501 through 5–504 of the General Provisions Article and subject to § 5–525 of the General Provisions Article, an official or employee of a public institution of higher education may be a director, official, or employee of an entity intended to support a high impact economic development activity, if the individual’s participation advances the interests of the institution.

(3) Division II of the State Finance and Procurement Article does not apply to transactions between an entity established, financed, or operated under this subsection and the institution or consortium of institutions that established, financed, or operated the entity.

(4) (i) The Board of Regents shall adopt policies and procedures governing the establishment of high impact economic development entities to ensure that the institution’s participation in the entity furthers the interests of the institution, the University System of Maryland, and the State.

(ii) The policies and procedures under subparagraph (i) of this paragraph shall include requirements for:

1. Recognition of the entity by the Board of Regents;

2. An annual audit of the entity by an independent certified public accountant; and

3. Adequate safeguards with regard to conflicts of interest, proper contracting practices, and other fundamental ethical and business practice standards.
Md. Code, Commercial Law § 12-415 — MD Code / Article gcl / Title 12 / Subtitle 4 / Section 12-415
§12–415.
Status: in_force

This subtitle may be cited as the Maryland Secondary Mortgage Loan Law.
Md. Code, Public Safety § 12-1102 — MD Code / Article gps / Title 12 / Subtitle 11 / Section 12-1102
§12–1102.
Status: in_force

This subtitle only applies to:

(1) a dwelling that:

(i) relies on the combustion of a fossil fuel for heat, ventilation, hot water, or clothes dryer operation; and

(ii) is a newly constructed dwelling for which a building permit is issued on or after January 1, 2008; or

(2) a hotel, a lodging or rooming house, or a rental dwelling unit.
Md. Code, Local Government § 12-603 — MD Code / Article glg / Title 12 / Subtitle 6 / Section 12-603
§12–603.
Status: in_force

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

(b) The governing body of a county:

(1) may build and repair bridges; and

(2) shall impose a tax on the assessable property in the county necessary to pay for the building and repair of bridges, including embankments and abutments.
Md. Code, Commercial Law § 12-314 — MD Code / Article gcl / Title 12 / Subtitle 3 / Section 12-314
§12–314.
Status: in_force

(a) A person may not lend $25,000 or less if:

(1) The person directly or indirectly contracts for, charges, or receives a greater rate of interest, charge, discount, or other consideration than that authorized by the laws of this State;

(2) The transaction violates the federal Military Lending Act; or

(3) The person is not licensed under or exempt from the licensing requirements under the Maryland Consumer Loan Law – Licensing Provisions.

(b) (1) (i) A loan made in the amount of $25,000 or less, regardless of whether the loan is or purports to be made under this subtitle, is void and unenforceable if:

1. Except as provided in subparagraph (ii) of this paragraph, a person contracts for a loan that has a rate of interest, charge, discount, or other consideration greater than that authorized under State law;

2. The loan violates the federal Military Lending Act; or

3. A person who is not licensed under or exempt from the licensing requirements under Title 11, Subtitle 2 of the Financial Institutions Article made the loan.

(ii) A loan is not void and unenforceable if:

1. A clerical error or mistake resulted in the rate of interest, charge, discount, or other consideration being greater than the amount authorized under State law; and

2. A person corrects the error or mistake before the first payment is due under the loan.

(2) A person may not receive or retain any principal, interest, fees, or other compensation with respect to any loan that is void and unenforceable under this subsection.

(3) This subsection does not apply to a person who is exempt from licensing under this subtitle.

(c) (1) This section does not apply to a loan transaction validly made in another state in compliance with a similar loan law of that state.

(2) A lender may not collect an amount that is more than the total amount that would be permitted if this subtitle were applicable.

(3) This section applies to all loans made by a lender domiciled in another state to a borrower who is a resident of this State if the application for the loan originated in this State.

(d) With respect to a loan that is void and unenforceable under this section, a person may not:

(1) Collect or attempt to collect, directly or indirectly, any amount from the borrower;

(2) Enforce or attempt to enforce the contract against any property securing the loan; or

(3) Sell, assign, or otherwise transfer the loan to another person.
Md. Code, Corporations and Associations § 12-909 — MD Code / Article gca / Title 12 / Subtitle 9 / Section 12-909
§12–909.
Status: in_force

By doing intrastate, interstate, or foreign business in this State, a foreign statutory trust assents to the laws of this State.
Md. Code, Financial Institutions § 12-413 — MD Code / Article gfi / Title 12 / Subtitle 4 / Section 12-413
§12–413.
Status: in_force

(a) (1) Each authorized delegate that a licensee appoints under a license is the designated agent of the licensee for all purposes in connection with the licensee’s business under that license.

(2) Each licensee under this subtitle is liable for the payment of all money transmissions by the licensee, in whatever form, directly or through an authorized delegate.

(b) Each authorized delegate that a licensee appoints under a license shall be authorized by an express written contract, which shall provide:

(1) That the licensee appoints the person as its authorized delegate with authority to engage in the business of money transmission on behalf of the licensee;

(2) That neither the licensee nor the authorized delegate may authorize subagents or subdelegates without written consent of the Commissioner;

(3) That the authorized delegate is subject to supervision, examination, and regulation by the Commissioner; and

(4) That the authorized delegate will operate in full compliance with all applicable laws and regulations.

(c) The licensee shall provide to each authorized delegate a written copy of the licensee’s operating policies and procedures, which shall be updated on a reasonable periodic basis.

(d) Copies of all contracts required under this section shall be made available to the Commissioner, upon request.
Md. Code, Health Occupations § 12-412 — MD Code / Article gho / Title 12 / Subtitle 4 / Section 12-412
§12–412.
Status: in_force

(a) Any person whose application for a pharmacy permit has been denied or whose pharmacy permit has been suspended or revoked under this title may petition for judicial review as allowed by the Administrative Procedure Act.

(b) If an appeal is taken under this section, the Board may stay its order of suspension or revocation pending the decision of the court.
Md. Code, Housing and Community Development § 12-309 — MD Code / Article ghs / Title 12 / Subtitle 3 / Section 12-309
§12–309.
Status: in_force

(a) Each commissioner, the executive director, and each employee of an authority is:

(1) a local official for the purposes of Title 5, Subtitle 8, Part II of the General Provisions Article and subject to local ethics laws; and

(2) an employee of a local government for the purposes of Title 5, Subtitle 3 of the Courts and Judicial Proceedings Article and entitled to the protections of the Local Government Tort Claims Act.

(b) A commissioner of an authority is not liable for a statement made or action taken in good faith in the exercise or performance of a power or duty of the commissioner.
Md. Code, Economic Development § 12-305 — MD Code / Article gec / Title 12 / Subtitle 3 / Section 12-305
§12–305.
Status: in_force

(a) Except as provided in subsection (b) of this section, the ordinance or resolution described in § 12-303 of this subtitle may provide that a bond may be secured and made payable from any combination of:

(1) a pledge of the full faith and credit of the political subdivision and payable by taxes of general applicability;

(2) an increase in real property tax revenues that is attributable to increases in assessed value in designated blighted areas resulting from carrying out the purposes for which the bond is issued;

(3) revenues of the project or undertaking for which the bond is issued;

(4) proceeds of bonds; or

(5) other money that may be legally made available to pay the bond.

(b) A bond issued by Baltimore City may not be secured under subsection (a)(2) of this section.
Md. Code, Courts and Judicial Proceedings § 12-701 — MD Code / Article gcj / Title 12 / Subtitle 7 / Section 12-701
§12–701.
Status: in_force

(a) (1) An appeal from an orphans’ court or a circuit court stays all proceedings in the orphans’ court concerning the issue appealed.

(2) An appeal from an orphans’ court or a circuit court does not stay any proceedings in the orphans’ court that do not concern the issue appealed, if the orphans’ court can provide for conforming to the decision of the appellate court.

(3) (i) An appeal from a final order of an orphans’ court or a circuit court removing a personal representative does not stay an order appointing a successor personal representative or special administrator.

(ii) If an appeal is filed from the final order of an orphans’ court or a circuit court removing a personal representative and the court appointed a successor personal representative, the successor personal representative shall have the powers of a special administrator.

(b) An appeal from a judgment of a juvenile court with respect to a child neither stays the judgment nor discharges the child from the custody of a person, institution, or agency to whose care the juvenile court has committed the child. The appellate court may authorize a stay, on application and hearing, if it finds that suitable provision is made for the care and custody of the child.
Md. Code, Economic Development § 12-601 — MD Code / Article gec / Title 12 / Subtitle 6 / Section 12-601
§12–601.
Status: in_force

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

(b) “Board” means the board of directors of a district corporation.

(c) “Commercial tenant” means a lessee or other lawful occupant, other than the owner, of nonexempt property within a district.

(d) “Condominium” has the meaning stated in § 11–101 of the Real Property Article.

(e) “Cooperative housing corporation” has the meaning stated in § 5–6B–01 of the Corporations and Associations Article.

(f) “District” means a business improvement district established under this subtitle.

(g) “District corporation” means a business improvement district corporation formed in accordance with this subtitle.

(h) “Homeowners association” has the meaning stated in § 11B–101 of the Real Property Article.

(i) “Members of the district” means owners of nonexempt property and commercial tenants in the district.

(j) “Nonexempt property” means all real property that is not exempt from paying real property taxes except:

(1) condominium units and cooperative housing corporation units that exist on or before the date of establishment of a district;

(2) homeowners associations; or

(3) residential property with fewer than four dwelling units.
Md. Code, Business Occupations and Professions § 12-303 — MD Code / Article gbo / Title 12 / Subtitle 3 / Section 12-303
§12–303.
Status: in_force

An applicant for a license shall:

(1) submit to the Board an application on the form that the Board provides; and

(2) except as otherwise provided in this subtitle, pay to the Board or the Board’s designee an examination fee set by the Board for:

(i) a master plumber license, a journey plumber license, or a master natural gas fitters license, in an amount not to exceed the cost of the required examination;

(ii) an apprentice plumber license or apprentice natural gas fitters license;

(iii) a propane gas fitter certificate;

(iv) a journeyman natural gas fitters license; or

(v) a master natural gas fitters license without examination.
Md. Code, State Government § 12-314 — MD Code / Article gsg / Title 12 / Subtitle 3 / Section 12-314
§12–314.
Status: in_force

Subject to the limitations in this Part III of this subtitle, the Board of Public Works may approve reimbursement of a State officer or State employee or otherwise pay for reasonable counsel fees that the officer or employee incurred:

(1) in connection with a criminal investigation into conduct as an officer or employee if the investigation has concluded and criminal charges have not been filed against the officer or employee; or

(2) in defending against criminal charges that related to conduct as an officer or employee if final disposition of all of the charges does not result in a plea of nolo contendere, a guilty plea, or a finding of guilt.
Md. Code, Financial Institutions § 12-1005 — MD Code / Article gfi / Title 12 / Subtitle 10 / Section 12-1005
§12–1005.
Status: in_force

To carry out the provisions of this subtitle, the Commissioner may:

(1) Adopt regulations;

(2) Enter into cooperative and information sharing agreements with any federal or State regulatory agency having authority over debt settlement services providers; and

(3) Exchange information about a debt settlement services provider, including information obtained during an examination, with any federal or State regulatory agency having authority over the debt settlement services provider.
Md. Code, Commercial Law § 12-403.1 — MD Code / Article gcl / Title 12 / Subtitle 4 / Section 12-403.1
§12–403.
Status: in_force

§12–403.1.

In granting or denying any application for a loan, a lender may not discriminate against any loan applicant solely on the basis of age. Refusal to grant a loan to an applicant who is under the age of 18 is not discrimination solely on the basis of age.
Md. Code, Criminal Procedure § 12-306 — MD Code / Article gcp / Title 12 / Subtitle 3 / Section 12-306
§12–306.
Status: in_force

(a) A notice shall be signed by the clerk and shall:

(1) include the caption of the case;

(2) describe the substance of the complaint and the relief sought;

(3) state the latest date on which a response may be filed;

(4) state that the property shall be forfeited if a response is not filed on time;

(5) state that the owner of the property may have possession of the property pending forfeiture by posting a bond as provided in § 12-208 of this title; and

(6) tell where to file a response and whom to contact for more information concerning the forfeiture.

(b) Within 20 days after the filing of the complaint, the notice shall be:

(1) posted by the sheriff on the door of the courthouse where the action is pending or on a bulletin board within the immediate vicinity of the door;

(2) posted by the sheriff in a conspicuous place on the land, if forfeiture of real property is sought; and

(3) published at least once a week in each of 3 successive weeks in a newspaper of general circulation published in the county in which the action is pending, unless the property is a boat or motor vehicle.
Md. Code, Corporations and Associations § 12-307 — MD Code / Article gca / Title 12 / Subtitle 3 / Section 12-307
§12–307.
Status: in_force

(a) Notwithstanding § 3–709 of this article, the provisions of Title 3, Subtitle 7 of this article apply to a statutory trust formed on or after October 1, 2023, that is a closed–end investment company as defined in the Investment Company Act of 1940.

(b) Notwithstanding § 3–709 of this article, the governing instrument of a statutory trust formed before October 1, 2023, that is a closed–end investment company as defined in the Investment Company Act of 1940 may provide that Title 3, Subtitle 7 of this article applies to the statutory trust.
Md. Code, Alcoholic Beverages and Cannabis § 12-210 — MD Code / Article gab / Title 12 / Subtitle 2 / Section 12-210
§12–210.
Status: in_force

(a) The Board may adopt regulations to carry out this article.

(b) Before the Board may adopt a regulation:

(1) the Board shall provide a period of at least 30 days for public comment; and

(2) the City Solicitor shall review the regulation to ensure that the regulation complies with the authority granted to the Board by the State.

(c) (1) The Board shall publish and post online regulations that the Board adopts and distribute them to the license holders whom the regulations affect.

(2) The Board may require a license holder to display prominently in the license holder’s place of business any regulation of the Board or excerpt from this article.

(d) At least once every 5 years after October 31, 2015, the Board shall review its regulations to ensure that the regulations comply with:

(1) the current policies and practices of the Board; and

(2) federal, State, and local law.
Md. Code, Financial Institutions § 12-923 — MD Code / Article gfi / Title 12 / Subtitle 9 / Section 12-923
§12–923.
Status: in_force

(a) To discover any violations of this subtitle or to obtain any information required by this subtitle, the Commissioner at any time may investigate the business of:

(1) A licensee;

(2) A person that is engaged or participating in the business of providing debt management services; and

(3) Any other person that the Commissioner has cause to believe is violating this subtitle or any regulation adopted under this subtitle, whether that person claims to be within or beyond the scope of this subtitle.

(b) For the purposes of this section, the Commissioner:

(1) Shall be given access to any licensed location or other place of business and all books, papers, records, safes, and vaults of the person under investigation; and

(2) May summon and examine under oath any person whose testimony the Commissioner requires.

(c) If, after an investigation conducted under this section, the Commissioner finds that the person that was investigated violated this subtitle or any regulation adopted under this subtitle, the person shall pay all reasonably incurred costs of the investigation.

(d) (1) If a person fails to comply with a subpoena or summons of the Commissioner under this subtitle or to testify concerning any matter about which the person may be interrogated under this subtitle, the Commissioner may file a petition for enforcement with the circuit court for any county.

(2) On petition by the Commissioner, the court may order the person to attend and testify or produce evidence.
Md. Code, Transportation § 12-203 — MD Code / Article gtr / Title 12 / Subtitle 2 / Section 12-203
§12–203.
Status: in_force

(a) If the Maryland Vehicle Law or a rule or regulation of the Administration provides that an applicant or licensee may request a hearing on refusal, suspension, or revocation of a license or privilege, the Administration shall give the applicant or licensee written notice under § 12-114 of this title of:

(1) The refusal, suspension, or revocation; and

(2) The right of the applicant or licensee to request a hearing.

(b) (1) Except as otherwise provided in the Maryland Vehicle Law, the applicant or licensee may request a hearing within 15 days from the date that the notice required by this section is mailed.

(2) The hearing shall be held within 30 days of the date of the request.

(3) The Administration shall render a decision within 30 days of a hearing conducted under Title 16, Subtitles 1 through 4 of this article.
Md. Code, Corporations and Associations § 12-304 — MD Code / Article gca / Title 12 / Subtitle 3 / Section 12-304
§12–304.
Status: in_force

(a) Except as provided in its governing instrument, a statutory trust shall have the power to:

(1) Indemnify and hold harmless, and to obligate itself to indemnify and hold harmless, any beneficial owner from and against any and all claims and demands whatsoever; and

(2) Pay or reimburse in advance of final disposition of a proceeding, as defined in § 2–418 of this article, any expenses incurred in connection with the proceeding.

(b) The absence of a provision for indemnity in the governing instrument of a statutory trust may not be construed to deprive a beneficial owner of any right to indemnity that is otherwise available to the beneficial owner under the laws of the State.
Md. Code, Courts and Judicial Proceedings § 12-302 — MD Code / Article gcj / Title 12 / Subtitle 3 / Section 12-302
§12–302.
Status: reserved

(a) Unless a right to appeal is expressly granted by law, § 12–301 of this subtitle does not permit an appeal from a final judgment of a court entered or made in the exercise of appellate jurisdiction in reviewing the decision of the District Court, an administrative agency, or a local legislative body.

(b) Section 12–301 of this subtitle does not apply to appeals in contempt cases, which are governed by § 12–304 of this subtitle and § 12–402 of this title.

(c) (1) In a criminal case, the State may appeal as provided in this subsection.

(2) The State may appeal from a final judgment granting a motion to dismiss or quashing or dismissing any indictment, information, presentment, or inquisition.

(3) The State may appeal from a final judgment if the State alleges that the trial judge:

(i) Failed to impose the sentence specifically mandated by the Code; or

(ii) Imposed or modified a sentence in violation of the Maryland Rules.

(4) (i) This paragraph applies in a case:

1. Involving a crime of violence as defined in § 14–101 of the Criminal Law Article;

2. Under §§ 5–602 through 5–609 and §§ 5–612 through 5–614 of the Criminal Law Article;

3. Under §§ 5–621 and 5–622 of the Criminal Law Article; or

4. Under §§ 5–133, 5–133.1, 5–134, 5–136, 5–138, 5–140, 5–141, 5–142, 5–205, and 5–206 of the Public Safety Article.

(ii) For cases listed in subparagraph (i) of this paragraph, the State may appeal from a decision of a trial court that excludes evidence offered by the State or requires the return of property alleged to have been seized in violation of the Constitution of the United States, the Maryland Constitution, or the Maryland Declaration of Rights.

(iii) The appeal shall be made before jeopardy attaches to the defendant. However, in all cases the appeal shall be taken no more than 15 days after the decision has been rendered and shall be diligently prosecuted.

(iv) Before taking the appeal, the State shall certify to the court that the appeal is not taken for purposes of delay and that the evidence excluded or the property required to be returned is substantial proof of a material fact in the proceeding. The appeal shall be heard and the decision rendered within 120 days of the time that the record on appeal is filed in the appellate court. Otherwise, the decision of the trial court shall be final.

(v) Except in a homicide case, if the State appeals on the basis of this paragraph, and if on final appeal the decision of the trial court is affirmed, the charges against the defendant shall be dismissed in the case from which the appeal was taken. In that case, the State may not prosecute the defendant on those specific charges or on any other related charges arising out of the same incident.

(vi) 1. Except as provided in subsubparagraph 2 of this subparagraph, pending the prosecution and determination of an appeal taken under this paragraph or paragraph (2) of this subsection, the defendant shall be released on personal recognizance bail. If the defendant fails to appear as required by the terms of the recognizance bail, the trial court shall subject the defendant to the penalties provided in § 5–211 of the Criminal Procedure Article.

2. A. Pending the prosecution and determination of an appeal taken under this paragraph or paragraph (2) of this subsection, in a case in which the defendant is charged with a crime of violence, as defined in § 14–101 of the Criminal Law Article, or a firearm–related crime listed in subparagraph (i)3 or 4 of this paragraph, the court may release the defendant on any terms and conditions that the court considers appropriate or may order the defendant remanded to custody pending the outcome of the appeal.

B. The determination and enforcement of any terms and conditions of release shall be in accordance with the provisions of Title 5 of the Criminal Procedure Article.

(vii) If the State loses the appeal, the jurisdiction shall pay all the costs related to the appeal, including reasonable attorney’s fees incurred by the defendant as a result of the appeal.

(d) Section 12–301 of this subtitle does not permit an appeal from the decision of the judges of a circuit court sitting in banc pursuant to Article IV, § 22 of the Maryland Constitution, if the party seeking to appeal is the party who moved to have the point or question reserved for consideration of the court in banc.

(e) (1) In this subsection, “conditional plea of guilty” means a guilty plea with which the defendant preserves in writing any pretrial issues that the defendant intends to appeal.

(2) Except as provided in paragraph (3) of this subsection, § 12–301 of this subtitle does not permit an appeal from a final judgment entered following a plea of guilty in a circuit court. Review of such a judgment shall be sought by application for leave to appeal.

(3) An appeal from a final judgment entered following a conditional plea of guilty may be taken in accordance with the Maryland Rules.

(f) Section 12–301 of this subtitle does not permit an appeal from the order of a sentence review panel of a circuit court under Title 8 of the Criminal Procedure Article, unless the panel increases the sentence.

(g) Section 12–301 of this subtitle does not permit an appeal from an order of a circuit court revoking probation. Review of an order of a circuit court revoking probation shall be sought by application for leave to appeal.
Md. Code, Public Safety § 12-703 — MD Code / Article gps / Title 12 / Subtitle 7 / Section 12-703
§12–703.
Status: in_force

(a) A person may not use welded clip and seat type connections or other welded “clip-type” connectors as temporary fastening devices in construction that involves the use of structural iron or steel.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for each violation.
Md. Code, Insurance § 12-205 — MD Code / Article gin / Title 12 / Subtitle 2 / Section 12-205
§12–205.
Status: in_force

(a) (1) The Commissioner shall disapprove a form or withdraw the previous approval of a form filed under § 12–203 of this subtitle if the form does not meet the requirements of subsection (b) of this section.

(2) The order of disapproval or withdrawal of approval shall inform the insurer of:

(i) a statutory or regulatory basis for the disapproval or withdrawal of approval; and

(ii) an explanation of the application of the statutory or regulatory basis for the disapproval or withdrawal of approval.

(b) A form may not:

(1) in any respect violate or fail to comply with this article;

(2) contain or incorporate by reference, if the incorporation is otherwise permissible, any inconsistent, ambiguous, or misleading clauses, or exceptions and conditions that deceptively affect the risk purported to be assumed in the general coverage of the contract;

(3) have a title, heading, or other indication of its provisions that is likely to mislead the policyholder or certificate holder;

(4) contain an inequitable provision of insurance without substantial benefit to the policyholder;

(5) be printed or otherwise reproduced so as to make a provision of the form substantially illegible;

(6) provide benefits in a health insurance policy that are unreasonable in relation to the premium charged;

(7) contain, irrespective of the premium charged, a benefit that is not sufficient to be of real economic value to the insured;

(8) fail to provide minimum benefits or coverages that the Commissioner considers necessary to meet the minimum needs of the insured; or

(9) in a health insurance application form or a nonprofit health service plan application form, contain inquiries about:

(i) a preexisting condition, illness, or disease for which the applicant has not received medical care or advice from a licensed health care provider:

1. during the 7 years immediately before the date of application; or

2. for an application for an individual health benefit plan that is subject to § 15–508.1 of this article, during the 5 years immediately before the date of application; or

(ii) medical screening, testing, monitoring, or any other similar medical procedure that the Commissioner specifies and that the applicant received:

1. more than 7 years before the date of application; or

2. for an application for an individual health benefit plan that is subject to § 15–508.1 of this article, more than 5 years before the date of application.
Md. Code, Alcoholic Beverages and Cannabis § 12-101 — MD Code / Article gab / Title 12 / Subtitle 1 / Section 12-101
§12–101.
Status: in_force

(a) In this title:

(1) except as provided in subsection (e) of this section, the definitions in § 1–101 of this article apply without exception or variation; and

(2) the following words have the meanings indicated.

(b) “Board” means the Board of License Commissioners for Baltimore City.

(c) “City” means Baltimore City.

(d) “Light wine” means wine that contains not more than 15.5% of alcohol by volume.

(e) The definition of “restaurant” under § 1–101 of this article applies in the City, subject to § 12–104 of this subtitle.

(f) “Total daily receipts” does not include:

(1) sales of novelty items;

(2) income from vending machines; or

(3) other receipts not resulting from the sale of food or beverages.
Md. Code, Alcoholic Beverages and Cannabis § 12-901 — MD Code / Article gab / Title 12 / Subtitle 9 / Section 12-901
§12–901.
Status: in_force

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

(b) (1) The license authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license.

(2) The license holder shall deliver the beer, wine, or liquor in a sealed package or container that may not be opened or its contents consumed on the licensed premises.

(c) A license may not be issued for a drugstore unless the applicant:

(1) has been doing business at the location applied for in the license for at least 1 year before the date of the application for the license;

(2) is the assignee of a business established for at least 1 year before the date of the application for the license at the location applied for; or

(3) has been engaged in the retail drug business for at least 3 years.

(d) The annual license fee is $2,060.
Md. Code, Business Regulation § 12-402 — MD Code / Article gbr / Title 12 / Subtitle 4 / Section 12-402
§12–402.
Status: in_force

A person that sells an item to a dealer shall sign a statement, under the penalties of perjury, that the person is the owner of the item.
Md. Code, Commercial Law § 12-104 — MD Code / Article gcl / Title 12 / Subtitle 1 / Section 12-104
§12–104.
Status: in_force

Interest at a rate otherwise allowed by this subtitle is not usurious solely because of any one or more of the following:

(1) For a period of less than one year, interest is calculated on the premise that there are 360 days in the year and 30 days in each month, which may include the date of the loan and the date due or paid;

(2) Interest on a periodic payment of principal is computed to the due date; or

(3) Except for installment loans made under § 12-103(c) of this subtitle:

(i) Interest-drop calculations are made on sums not in excess of multiples of $100, without regard to interim partial payments; or

(ii) Interest-drop calculations are made on periods not in excess of one year, without regard to interim partial payments.
Md. Code, Real Property § 12-207 — MD Code / Article grp / Title 12 / Subtitle 2 / Section 12-207
§12–207.
Status: in_force

(a) If a displacing agency acquires real property, it shall be guided to the greatest extent feasible by the policies set forth in this section.

(b) The displacing agency shall make every reasonable effort to acquire expeditiously real property by negotiation.

(c) (1) Real property shall be appraised before the initiation of negotiations, and the owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property.

(2) However, the lead agency may prescribe a procedure to waive the appraisal in cases involving the acquisition by sale or donation of property with a low fair market value.

(d) (1) Before the initiation of negotiations for real property, the displacing agency concerned shall establish an amount which it believes to be just compensation and shall make a prompt offer to acquire the real property for the full amount so established.

(2) This amount may not be less than the displacing agency’s approved appraisal of the fair market value of the real property.

(3) The displacing agency concerned shall provide the owner of the real property to be acquired with a written statement of, and summary of the basis for, the amount it established as just compensation.

(4) If appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be stated separately.

(e) No owner may be required to surrender possession of real property before the displacing agency concerned pays the agreed purchase price, or deposits with the court in accordance with applicable law, for the benefit of the owner, an amount not less than the displacing agency’s approved appraisal of the fair market value of the real property, or the amount of the award of compensation in the condemnation proceeding for the real property.

(f) (1) The construction or development of a public improvement shall be so scheduled that, to the greatest extent feasible, no person lawfully occupying real property is required to move from a dwelling, assuming a replacement dwelling as required by §§ 12-202 through 12-204 of this subtitle will be available, or to move his business or farm operation, without at least 90 days’ written notice from the displacing agency concerned.

(2) Except under conditions described in § 12-206(b)(3)(i), (ii), and (iii) of this subtitle, the date by which the move is required may be given in a separate notice.

(g) If the displacing agency permits an owner or tenant to occupy the real property acquired on a rental basis for a short term or for a period subject to termination by the displacing agency on short notice, the amount of rent required may not exceed the fair rental value of the real property to a short-term occupier.

(h) The displacing agency may not advance the time of condemnation, defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the real property.

(i) If any interest in real property is to be acquired by exercise of the power of eminent domain, the displacing agency concerned shall institute a formal condemnation proceeding. No displacing agency or person intentionally may make it necessary for an owner to institute a legal proceeding to prove the fact of the taking of his real property.

(j) If the acquisition of only part of the real property would leave its owner with an uneconomic remnant, the displacing agency concerned shall offer to acquire the entire real property.

(k) After the person has been fully informed of his right to receive just compensation for that property, a person whose real property is being acquired in accordance with this subtitle may donate the property, any part thereof, any interest therein, or any compensation paid therefor to a State agency, as that person shall determine.
Md. Code, Economic Development § 12-705 — MD Code / Article gec / Title 12 / Subtitle 7 / Section 12-705
§12–705.
Status: in_force

§12–705. IN EFFECT

// EFFECTIVE UNTIL SEPTEMBER 30, 2029 PER CHAPTERS 215 AND 216 OF 2025 //

(a) (1) Except as otherwise provided in this section, in exercising its powers, the Authority:

(i) may carry out its purposes without the consent of any State unit; and

(ii) is not subject to:

1. Subtitles 1 through 3 of this title; or

2. the following provisions of the State Finance and Procurement Article:

A. Title 2, Subtitles 2 (Gifts and Grants) and 5 (Facilities for the Handicapped);

B. Title 3 (Budget and Management);

C. Title 4 (Department of General Services);

D. Title 5A (Division of Historical and Cultural Programs);

E. Title 6, Subtitle 1 (Studies and Estimates);

F. Title 7, Subtitles 1 (State Operating Budget), 2 (Disbursements and Expenditures), and 3 (Unspent Balances);

G. Title 10 (Board of Public Works – Miscellaneous Provisions); or

H. Division II (General Procurement Law).

(2) The Authority is subject to:

(i) the Public Information Act; and

(ii) the Open Meetings Act.

(b) The Authority, its officers, and its employees are subject to the Public Ethics Law.

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

(d) The Authority is subject to Title 14, Subtitle 3 of the State Finance and Procurement Article.
Md. Code, Commercial Law § 12-603 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-603
§12–603.
Status: in_force

A seller or sales finance company may not discriminate against a buyer solely on the basis of the race, sex, sexual orientation, gender identity, religious beliefs, disability, marital status, geographic area of residence, neighborhood of residence, or age of the buyer. Refusal to grant credit to a buyer who is under the age of 18 is not discrimination solely on the basis of age.
Md. Code, Commercial Law § 12-1105 — MD Code / Article gcl / Title 12 / Subtitle 11 / Section 12-1105
§12–1105.
Status: in_force

A rental-purchase agreement may not contain:

(1) A confession of judgment;

(2) A negotiable instrument;

(3) A security interest or any other claim of a property interest in any goods except the rental property delivered by the lessor pursuant to the rental-purchase agreement;

(4) A wage assignment;

(5) A waiver by the consumer of claims or defenses; or

(6) A provision authorizing the lessor or a person acting on the lessor’s behalf to enter upon the consumer’s premises or to commit any breach of the peace in the repossession of rental property.
Md. Code, Commercial Law § 12-126 — MD Code / Article gcl / Title 12 / Subtitle 1 / Section 12-126
§12–126.
Status: in_force

(a) This section applies only to a loan that:

(1) Is secured by a mortgage or deed of trust on the borrower’s primary residence; and

(2) Is not a commercial loan.

(b) Except to the extent expressly provided otherwise in the loan contract, a borrower may prepay all or part of outstanding unpaid indebtedness under a loan at any time.

(c) In the event of prepayment of the entire loan, the lender shall refund or credit to the borrower the unearned portion of the precomputed interest charge. This refund or credit shall be in an amount not less than the amount which would be refunded or credited if the unearned precomputed interest charge were calculated in accordance with the actuarial method, except that the borrower may not be entitled to a refund or credit of less than $5. The unearned portion of the precomputed interest charge is, at the option of the lender, either:

(1) That portion of the precomputed interest charge which is allocable to all originally scheduled or, if deferred, all deferred payment periods, or portions of payment periods, ending subsequent to the date of prepayment. The unearned precomputed interest charge is the total of that which would have been earned for each period, or portion of a period, had the loan not been prepaid, by applying to the unpaid balances of principal, according to the actuarial method, an annual percentage rate based on the precomputed interest charges, assuming that all payments were made as scheduled, or as deferred, if deferred. The lender, at its option, may round this annual percentage rate to the nearest 1/4 of 1 percent; or

(2) The total precomputed interest charge less the earned precomputed interest charge. The earned precomputed interest charge shall be determined by applying an annual percentage rate based on the total precomputed interest charge, under the actuarial method, to the unpaid balances for the actual time those balances were unpaid up to the date of prepayment.

(d) As used in subsection (c) of this section, the following terms have the meanings indicated.

(1) “Actuarial method” means the method of allocating payments made on a loan between the outstanding principal balance of the loan and interest, by which a payment is applied first to the accumulated interest, and any remainder is subtracted from the outstanding principal balance of the loan.

(2) “Payment period” means the time period within which scheduled payments on a loan are due as provided in the agreement, note, or other evidence of the loan.

(3) “Precomputed interest charge” means interest as computed by an add on, discount, or other similar method.
Md. Code, Education § 12-116 — MD Code / Article ged / Title 12 / Subtitle 1 / Section 12-116
§12–116.
Status: in_force

(a) There is a University of Maryland Agriculture and Natural Resources Internship Program.

(b) The purpose of the University of Maryland Agriculture and Natural Resources Internship Program is to:

(1) Provide students in the College of Agriculture and Natural Resources at the University of Maryland, College Park Campus with at least one semester, where appropriate, of work experience relevant to their major, including on–farm experience for students interested in careers related to production of agriculture; and

(2) Promote careers in agriculture and natural resources in the State.

(c) The University of Maryland, College Park Campus or the Dean of the College of Agriculture and Natural Resources at the University of Maryland, College Park Campus shall inform the Department of Agriculture on the University’s plan to implement the requirements of this section.

(d) The Maryland Agricultural Commission shall work through its members representing specific sectors of agriculture and natural resources to promote, and where possible, to establish internships with farms and businesses in their respective sectors.
Md. Code, Corporations and Associations § 12-104 — MD Code / Article gca / Title 12 / Subtitle 1 / Section 12-104
§12–104.
Status: in_force

This title may be cited as the “Maryland Statutory Trust Act”.
Md. Code, Commercial Law § 12-1501 — MD Code / Article gcl / Title 12 / Subtitle 15 / Section 12-1501
§12–1501.
Status: in_force

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

(b) “Bank” has the meaning stated in § 1–201 of this article.

(c) “Consumer–directed earned wage access” means delivery to a consumer of access to unpaid but earned wages:

(1) That is provided to a consumer by a third party who does not have a relationship with the consumer’s employer;

(2) That is based on employment, income, or attendance data obtained directly from the consumer; and

(3) Where the consumer does not pay the provider interest.

(d) “Consumer reporting agency” has the meaning stated in § 14–1201 of this article.

(e) “Earned wage” means salary, wages, compensation, or other income earned:

(1) On an hourly, project–based, piecework, or other basis; or

(2) Through services rendered as an independent contractor.

(f) “Earned wage access” means:

(1) Consumer–directed earned wage access; or

(2) Employer–integrated earned wage access.

(g) “Employer–integrated earned wage access” means delivery of unpaid but earned wages:

(1) That are provided to a consumer directly by a person the employer has contracted to provide the service;

(2) That are determined based on employment, income, or attendance data obtained directly or indirectly from the consumer’s employer, including a payroll service provider; and

(3) Where the consumer does not pay the provider interest.

(h) (1) “Fee” means:

(i) A fee imposed by a provider for delivery or expedited delivery of earned wage access to a consumer; or

(ii) A subscription or membership fee imposed by a provider for a group of services that includes earned wage access.

(2) “Fee” does not include a voluntary tip, gratuity, or other donation.

(i) (1) “Interest” has the meaning stated in § 12–101 of this title.

(2) “Interest” does not include a fee imposed by an earned wage access provider licensed under Title 11, Subtitle 2 of the Financial Institutions Article.

(j) (1) “Loan” has the meaning stated in § 12–101 of this title.

(2) “Loan” includes earned wage access, subject to the provisions of this subtitle.

(k) “Payroll period” means a period of time during which a consumer earns wages that an employer owes to the employee at the end of the period.

(l) “Proceeds” means a payment to a consumer by a provider that is based on unpaid but earned wages.

(m) (1) “Provider” means a person who provides to consumers either consumer–directed earned wage access or employer–integrated earned wage access.

(2) “Provider” does not include:

(i) A service provider, such as a payroll service provider, that may verify the available earnings of a consumer but that is not contractually obligated to fund any proceeds delivered as part of an earned wage access service; or

(ii) An employer that offers a portion of salary, wages, or other compensation directly to its employees or independent contractors before a normally scheduled pay date for a payroll period.

(n) “Tip” has the meaning stated in § 12–101 of this title.

(o) “Wages” has the meaning stated in § 12–101 of this title.
Md. Code, Health Occupations § 12-6B-05 — MD Code / Article gho / Title 12 / Subtitle 6B / Section 12-6B-05
§12–6B–05.
Status: in_force

(a) A registered pharmacy technician shall notify the Board of each plea of guilty for, conviction of, or entry of a plea of nolo contendere for a felony or a crime involving moral turpitude, regardless of whether:

(1) An adjudication of guilt or sentencing or imposition of sentence is withheld; or

(2) Any appeal or other proceeding is pending regarding the matter.

(b) The registered pharmacy technician shall notify the Board within 7 days of the conviction or entry of the plea.
Md. Code, Financial Institutions § 12-1003 — MD Code / Article gfi / Title 12 / Subtitle 10 / Section 12-1003
§12–1003.
Status: in_force

This subtitle does not apply to:

(1) The following persons when engaged in the regular course of their respective businesses and professions:

(i) An attorney at law who is admitted to the Maryland Bar while the attorney at law is providing professional legal services in an attorney–client relationship;

(ii) An escrow agent;

(iii) A certified public accountant;

(iv) A banking institution, other–state bank, national banking association, credit union, or savings and loan association;

(v) A person that:

1. Provides a bill payer service, as defined in § 12–401 of this title;

2. Does not initiate any contract with individual creditors of a debtor to compromise a debt or arrange a new payment schedule; and

3. Does not provide any debt counseling services;

(vi) A person that provides an accelerated mortgage payment service, as defined in § 12–401 of this title;

(vii) A title insurer, title insurance agency, or abstract company; or

(viii) A judicial officer or a person acting under a court order;

(2) A person while performing services incidental to the dissolution, winding up, or liquidation of a partnership, corporation, or other business enterprise;

(3) A trade or mercantile association acting in the course of arranging the adjustment of debts with a business establishment;

(4) (i) A mortgage lender, as defined in § 11–501 of this article:

1. That is licensed by the Commissioner; and

2. While engaged in the mortgage lending business, as defined in § 11–501 of this article; or

(ii) An employee of a mortgage lender; or

(5) A collection agency, as defined in § 7–101 of the Business Regulation Article:

(i) That is licensed by the State Collection Agency Licensing Board; and

(ii) While engaged in the collection agency business, as defined in § 7–101 of the Business Regulation Article.
Md. Code, Health Occupations § 12-315 — MD Code / Article gho / Title 12 / Subtitle 3 / Section 12-315
§12–315.
Status: in_force

(a) Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 12-313 of this subtitle or § 12-6B-09 of this title, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.

(b) The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

(c) The hearing notice to be given to the individual shall be sent by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of the individual at least 20 days before the hearing.

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

(e) Over the signature of an officer or the executive director of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it.

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

(g) If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.

(h) The hearing of charges against a person may not be stayed or challenged by procedural defects alleged to have occurred prior to filing of the charges.

(i) (1) This subsection does not apply to a civil action brought by a party to a proceeding before the Board who claims to be aggrieved by the decision of the Board.

(2) Except by the express stipulation and consent of all parties to a proceeding before the Board or any of its investigatory bodies, in a civil or criminal action:

(i) The proceedings, records, or files of the Board or any of its investigatory bodies are not discoverable and are not admissible in evidence; and

(ii) Any order passed by the Board is not admissible in evidence.

(3) If any medical or hospital record or any other exhibit is subpoenaed and otherwise is admissible in evidence, the use of that record or exhibit in a proceeding before the Board or any of its investigatory bodies does not prevent its production in any other proceeding.
Md. Code, Alcoholic Beverages and Cannabis § 12-1811 — MD Code / Article gab / Title 12 / Subtitle 18 / Section 12-1811
§12–1811.
Status: in_force

Notwithstanding § 12–1504 of this title, a person that has an interest in more than one Class A license may renew the licenses.
Md. Code, Economic Development § 12-813 — MD Code / Article gec / Title 12 / Subtitle 8 / Section 12-813
§12–813.
Status: in_force

(a) The property owned or held by and the revenues of the Authority are exempt from taxation of every kind by the State or any county, municipal corporation, or public unit.

(b) Notwithstanding the provisions of subsection (a) of this section, on a request of the Authority, the county, by local law, may provide for a negotiated payment in lieu of taxes for property owned or held by the Authority.
Md. Code, Commercial Law § 12-604 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-604
§12–604.
Status: in_force

An installment sale agreement shall be evidenced by an instrument in writing which contains all of the agreements of the parties. It shall be signed by all parties before the seller delivers to the buyer any of the goods covered by the agreement.
Md. Code, Housing and Community Development § 12-403 — MD Code / Article ghs / Title 12 / Subtitle 4 / Section 12-403
§12–403.
Status: in_force

Except as provided in § 12-506(b)(9) of this title, all housing projects of an authority are subject to the planning, zoning, sanitary, health, fire, housing, subdivision, and building laws, ordinances, codes, rules, and regulations that apply where the housing project is located.
Md. Code, Economic Development § 12-904 — MD Code / Article gec / Title 12 / Subtitle 9 / Section 12-904
§12–904.
Status: in_force

(a) The Authority may manage appropriated funds from municipalities in the target area, Prince George’s County, and the State.

(b) The Authority may receive donated services from accountants, lawyers, or other consultants as necessary to carry out this subtitle.

(c) The Authority may supervise, manage, and terminate staff and consultants as necessary.
Md. Code, Public Utilities § 12-120 — MD Code / Article gpu / Title 12 / Subtitle 1 / Section 12-120
§12–120.
Status: in_force

(a) Except as provided in subsections (b) and (c) of this section, a person that obtains the information required under this subtitle is not excused from:

(1) performing an excavation or demolition in a careful and prudent manner; and

(2) liability for financial damages or injury that results from the excavation or demolition.

(b) If an underground facility is damaged by a person that fails to comply with this subtitle, the person is deemed negligent and is liable to the owner for the total cost of repair of the underground facility, unless the owner has failed to become an owner–member in accordance with § 12–123 of this subtitle.

(c) If an underground facility is damaged by a person that is in compliance with this subtitle and the owner has failed to become an owner–member in accordance with § 12–123 of this subtitle:

(1) the person is not liable to the owner for the cost of repair of the underground facility; and

(2) the owner is liable for any repairs or restoration of property damaged by the excavation or demolition.

(d) Subsection (c) of this section may not be construed to interfere with the right of:

(1) a third party to recover financial damages arising out of the excavation or demolition from the person or from the owner; or

(2) the person to seek contribution from an owner for financial damages sought by a third party under paragraph (1) of this subsection.
Md. Code, Commercial Law § 12-616 — MD Code / Article gcl / Title 12 / Subtitle 6 / Section 12-616
§12–616.
Status: in_force

(a) If the holder does not pay out to a public official the full amount charged to the buyer for filing and recording instruments, the buyer shall receive credit for the amount so charged to him and not paid out.

(b) The holder shall credit the amount of the overcharge against the last installment or installments under the agreement.
Md. Code, Health Occupations § 12-6D-10 — MD Code / Article gho / Title 12 / Subtitle 6D / Section 12-6D-10
§12–6D–10.
Status: in_force

(a) Each registered pharmacy intern shall:

(1) Display the pharmacy intern’s registration in the office or place of business in which the pharmacy intern is practicing pharmacy under the direct supervision of a licensed pharmacist; or

(2) Have the registration on the pharmacy intern’s person available for viewing.

(b) When practicing pharmacy under the direct supervision of a licensed pharmacist, the registered pharmacy intern shall wear identification that conspicuously identifies the registered pharmacy intern as a registered pharmacy intern.
Md. Code, Commercial Law § 12-1106 — MD Code / Article gcl / Title 12 / Subtitle 11 / Section 12-1106
§12–1106.
Status: in_force

(a) A consumer who fails to make a timely rental payment may reinstate the rental-purchase agreement, without losing any rights or options that exist under the rental-purchase agreement, if within 5 days of the renewal date, for a consumer who renews on a monthly basis, or within 2 days of the renewal date, for a consumer who renews on a weekly basis, the consumer pays:

(1) All past due rental charges;

(2) If the rental property has been picked up or repossessed, the reasonable costs of pickup and redelivery; and

(3) Any applicable reinstatement fee, which may not exceed $5.

(b) A consumer who has paid less than two-thirds of the total of payments necessary to acquire ownership of the rental property and who has returned or voluntarily surrendered the rental property without judicial process during the applicable reinstatement period under subsection (a) of this section or who has made the property available for pickup at the request of the lessor, whichever occurs last, may reinstate the rental-purchase agreement prior to a date not less than 21 days after the date of the return of the rental property.

(c) A consumer who has paid two-thirds or more of the total of payments necessary to acquire ownership of the rental property and who has returned or voluntarily surrendered the rental property without judicial process during the applicable period set forth in subsection (a) of this section or who has made the property available for pickup at the request of the lessor, whichever occurs last, may reinstate the rental-purchase agreement prior to a date not less than 45 days after the date of the return of the rental property.

(d) Nothing in this section shall prevent a lessor from repossessing the property during the reinstatement period, but a repossession may not affect the consumer’s right to reinstate. After reinstatement, the lessor shall provide the consumer with the same rental property or a substitute property of comparable quality and condition.

(e) (1) A lessor may repossess property under a rental-purchase agreement if the consumer is in default of:

(i) Any sum due under the agreement; or

(ii) The performance of any promise the breach of which is expressly made a ground for repossessing the property.

(2) A lessor may repossess property only by legal process or self-help without the use of force. Nothing in this section authorizes a violation of criminal law.

(3) At the time of repossession of the property, the lessor shall deliver to the consumer a written notice which states the right of the buyer to reinstate the rental-purchase agreement, the last date by which the consumer may reinstate the agreement, and the amount payable for reinstatement.

(4) The consumer may reinstate the rental-purchase agreement within 15 days after the date of repossession by paying:

(i) All past due rental charges;

(ii) The reasonable costs of pickup and redelivery; and

(iii) A reinstatement fee of $5.
Md. Code, Tax - General § 12-202 — MD Code / Article gtg / Title 12 / Subtitle 2 / Section 12-202
§12–202.
Status: in_force

(a) A wholesaler shall complete and file with the Comptroller a tobacco tax return:

(1) for cigarettes:

(i) on or before the 21st day of the month that follows the month in which the wholesaler has the first possession, in the State, of unstamped cigarettes for which tax stamps are required; and

(ii) if the Comptroller so specifies, by regulation, on other dates for each month in which the wholesaler does not have the first possession of any unstamped cigarettes in the State; and

(2) for other tobacco products, on or before the 21st day of the month that follows the month in which the wholesaler has possession of other tobacco products on which the tobacco tax has not been paid.

(b) Each return shall state the quantity of cigarettes or the wholesale price of other tobacco products sold during the period that the return covers.
Md. Code, Local Government § 12-531 — MD Code / Article glg / Title 12 / Subtitle 5 / Section 12-531
§12–531.
Status: in_force

(a) The County Commissioners of Carroll County may regulate any county road that is not in a municipality and that has not been designated or maintained as a part of the State or federal highway system relating to:

(1) vehicle weight;

(2) vehicle parking;

(3) vehicle abandonment;

(4) building or maintenance by a private or public utility necessary for the performance of the utility’s purpose;

(5) construction and maintenance of driveway connections where connections are provided; and

(6) vehicle speed, but only if the speed regulation has been recommended by the Department of State Police.

(b) To indicate and carry out rules and regulations adopted under subsection (a)(1), (2), and (6) of this section, the County Commissioners of Carroll County shall provide appropriate traffic control devices that conform to State specifications.

(c) For a new road or drainage system, the County Commissioners of Carroll County may adopt rules and regulations relating to:

(1) engineering;

(2) construction; and

(3) acceptance of the road or drainage system into the county roads system for maintenance by the county.

(d) (1) By local law, the County Commissioners of Carroll County may establish that a person who violates a rule or regulation adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25, exclusive of costs.

(2) A penalty provision of another public general law prevails over a fine authorized under this subsection.
Md. Code, Commercial Law § 12-1504 — MD Code / Article gcl / Title 12 / Subtitle 15 / Section 12-1504
§12–1504.
Status: in_force

A provider of earned wage access may not:

(1) Share with an employer any fees, tips, or other charges received from a consumer for earned wage access;

(2) Condition a consumer’s ability to obtain earned wage access on the consumer’s ability or willingness to pay the provider a tip;

(3) Charge a consumer a late fee, interest, or other penalty for failure to pay any proceeds, fees, or tips;

(4) Report any information about a consumer’s failure to pay any proceeds, fees, or tips to any consumer reporting agency;

(5) Obtain a consumer’s credit report as a method of qualifying the consumer for earned wage access;

(6) Receive interest from a consumer; or

(7) Compel or attempt to compel payment by a consumer of any proceeds, fees, tips, gratuities, or other donations through:

(i) A civil action against the consumer;

(ii) The use of a third party to pursue collection from the consumer on the provider’s behalf; or

(iii) The sale or assignment of outstanding amounts to a third–party collector or debt buyer for collection from the consumer.
Md. Code, Health Occupations § 12-513 — MD Code / Article gho / Title 12 / Subtitle 5 / Section 12-513
§12–513.
Status: in_force

(a) Before the closing of a pharmacy for more than 7 consecutive days, at least 14 days before the anticipated closing of the pharmacy, the owner of the pharmacy shall provide notice of the closing by:

(1) Posting a notice:

(i) That is conspicuously positioned in the pharmacy and readable by pharmacy customers; and

(ii) If applicable, on the pharmacy’s website; and

(2) Providing written and verbal notice to each customer who picks up a prescription or refill.

(b) Each notice shall indicate:

(1) The date of the anticipated closing of the pharmacy, if available;

(2) The name of the pharmacy to which the closing pharmacy will transfer pharmacy customers’ prescriptions and records; and

(3) That a pharmacy customer may request the closing pharmacy to send the pharmacy customer’s prescriptions and records to another pharmacy.

(c) The Board shall adopt regulations to:

(1) Define “closing of a pharmacy”; and

(2) Provide exceptions to the requirements of this section.
Md. Code, Corporations and Associations § 12-103 — MD Code / Article gca / Title 12 / Subtitle 1 / Section 12-103
§12–103.
Status: in_force

A statutory trust established in accordance with the provisions of this title is a separate legal entity.
Md. Code, Commercial Law § 12-901 — MD Code / Article gcl / Title 12 / Subtitle 9 / Section 12-901
§12–901.
Status: in_force

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

(b) “Borrower” means a corporation, partnership, association, government or governmental subdivision or agency, trust, individual, or other entity receiving a loan or other extension of credit under this subtitle.

(c) “Commercial loan” and “extension of credit for a commercial purpose” mean an extension of credit made:

(1) Solely to acquire an interest in or to carry on a business or commercial enterprise; or

(2) To any business or commercial organization.

(d) “Consumer borrower” means an individual receiving a loan or other extension of credit under this subtitle for personal, household, or family purposes or an individual receiving a commercial loan or other extension of credit for any commercial purpose not in excess of $75,000, secured by residential real property.

(e) “Credit device” means any card, plate, check, draft, identification code, or other means of identification contemplated by the agreement governing the plan.

(f) (1) “Credit grantor” means any 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 making a loan or other extension of credit under this subtitle which is incorporated, chartered, or licensed pursuant to State or federal law, the lending operations of which are subject to supervision, examination, and regulation by a State or federal agency or which is licensed under Title 12, Subtitle 4 of the Financial Institutions Article or is a retailer.

(2) “Credit grantor” includes:

(i) Any bank, trust company, depository institution, or savings bank having a branch in this State;

(ii) Any subsidiary of a bank holding company, as defined in the federal Bank Holding Company Act of 1956, as amended, which is domiciled, doing business, and offering a revolving credit plan involving the issuance of credit devices in this State; and

(iii) Any person who acquires or obtains the assignment of a revolving credit plan made under this subtitle.

(g) (1) “Loan” means a cash advance to be paid to or for the account of the borrower.

(2) “Loan” includes an advance made in accordance with the terms of a shared appreciation agreement.

(h) “Mobile home” has the meaning stated in § 11–501 of the Financial Institutions Article.

(i) “Nonconsumer borrower” means any borrower other than a consumer borrower.

(j) (1) “Outstanding unpaid indebtedness” means on any day the total amount of purchases and loans charged to the borrower’s account under the plan which is outstanding and unpaid at the end of the day, after adding the aggregate amount of any new purchases and loans charged to the account that day and deducting the aggregate amount of any payments and credits applied to the account that day.

(2) If the agreement governing the plan permits, “outstanding unpaid indebtedness” may include the amount of any interest, finance charges, and additional charges, including late or delinquency charges, that have accrued in the account and are unpaid at the end of the day.

(k) “Purchase” means an extension of credit for a purchase of real or personal, tangible or intangible property, or an extension of credit for services, licenses, taxes, official fees, fines, private or governmental obligations, or any other thing of value, including a charitable contribution.

(l) “Residential real property” means owner–occupied real property having a dwelling on it designated principally as a residence with accommodations for not more than four families.

(m) “Revolving credit plan” or “plan” means a plan that contemplates the extension of credit under an account governed by an agreement between a credit grantor and a borrower under which:

(1) The credit grantor permits the borrower and, if the agreement governing the plan permits, persons acting on behalf of or with authorization from the borrower to make purchases or obtain loans from time to time;

(2) The amounts of purchases and loans are charged to the borrower’s account;

(3) The borrower is required to pay the credit grantor the amounts of all purchases and loans charged to the borrower’s account under the plan but has the privilege of paying amounts due from time to time as agreed; and

(4) Interest or finance charges may be charged and collected by the credit grantor from time to time on the amounts due under the plan.

(n) “Shared appreciation agreement” has the meaning stated in § 11–501 of the Financial Institutions Article.