Md. Code, Business Occupations and Professions § 17-322 — MD Code / Article gbo / Title 17 / Subtitle 3 / Section 17-322
§17–322.
Status: in_force

(a) In this section, “handicap” and “familial status” each have the meanings indicated in the federal Fair Housing Act.

(b) Subject to the hearing provisions of § 17–324 of this subtitle, the Commission may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:

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

(2) fraudulently or deceptively uses a license;

(3) directly or through another person willfully makes a misrepresentation or knowingly makes a false promise;

(4) intentionally or negligently fails to disclose to any person with whom the applicant or licensee deals a material fact that the licensee knows or should know and that relates to the property with which the licensee or applicant deals;

(5) as an associate real estate broker or a real estate salesperson, provides or attempts to provide real estate brokerage services on behalf of a real estate broker without informing in writing any other real estate broker with whom the associate real estate broker or the real estate salesperson is affiliated;

(6) violates § 17–530.1(a) or (b) of this title;

(7) retains or attempts to retain the services of any unlicensed individual as an associate real estate broker or a real estate salesperson to evade the law prohibiting payment of a commission to an unlicensed individual;

(8) guarantees or authorizes or allows another person to guarantee future profits from the resale of real property;

(9) solicits, sells, or offers to sell real property, so as to influence or attempt to influence a prospective party to the sale of real property, by:

(i) offering a prize or a free lot;

(ii) conducting a lottery or contest; or

(iii) advertising “free appraisals”, unless the advertiser is prepared to appraise the real estate free of charge for any person, regardless of the purpose for which the person requests the appraisal;

(10) accepts a listing contract to sell real property that fails to provide a definite termination date that is effective automatically without notice from the buyer or the seller;

(11) accepts a listing contract to sell real property that provides for a “net” return to a seller and leaves the licensee free to sell the real property at any price higher than the “net” price;

(12) knowingly solicits a party to an exclusive listing contract with another licensee to terminate that contract and enter a new contract with the licensee making the solicitation;

(13) solicits a party to a sales contract, lease, or agreement that was negotiated by another to breach the contract, lease, or agreement for the purpose of substituting a new contract, lease, or agreement for which the licensee making the solicitation is either the real estate broker or an associate real estate broker or a real estate salesperson affiliated with the real estate broker;

(14) for any transaction in which the licensee has served as or on behalf of a real estate broker, fails to furnish promptly to each party to the transaction a copy of:

(i) the listing contract to sell or rent real property;

(ii) the contract of sale; or

(iii) the lease agreement;

(15) for any transaction in which the licensee has served as or on behalf of a real estate broker, fails to keep a copy of any executed:

(i) listing contract to sell or rent real property;

(ii) contract of sale; or

(iii) lease agreement;

(16) whether or not acting for monetary gain, knowingly induces or attempts to induce a person to transfer real estate or discourages or attempts to discourage a person from buying real estate:

(i) by making representations about the existing or potential proximity of real property owned or used by individuals of a particular race, color, religion, sex, handicap, familial status, or national origin; or

(ii) by representing that the existing or potential proximity of real property owned or used by individuals of a particular race, color, religion, sex, handicap, familial status, or national origin will or may result in:

1. the lowering of property values;

2. a change in the racial, religious, or ethnic character of the block, neighborhood, or area;

3. an increase in criminal or antisocial behavior in the area; or

4. a decline in the quality of the schools serving the area;

(17) uses any of the following material if it includes the name of an organization or association of which the licensee is not a member:

(i) a contract form for the listing of real property for sale, rent, or exchange;

(ii) a contract form for the sale, rent, or exchange of real property; or

(iii) any advertising matter;

(18) as a real estate broker, an associate real estate broker, or a real estate salesperson, advertises the sale or rent of or an offer to buy real property while failing to disclose in the advertisement the name of the advertiser and the fact that the advertiser is a real estate broker, an associate real estate broker, or a real estate salesperson;

(19) advertises in any misleading or untruthful manner or violates § 17–527.2 of this title;

(20) as a licensed associate real estate broker or a licensed real estate salesperson, advertises the sale or rent of or an offer to buy real property in the name of the associate broker or the salesperson while failing to disclose in the advertisement the name of the real estate broker on behalf of whom the associate broker or the salesperson is acting;

(21) except as provided under § 17–604 of this title, for real estate brokerage services provided by an associate real estate broker or a real estate salesperson, accepts a commission or other valuable consideration from any person other than a real estate broker with whom the associate broker or the salesperson is affiliated;

(22) fails to account for or to remit promptly any money that comes into the possession of the licensee but belongs to another person;

(23) pays or receives a rebate, profit, compensation, or commission in violation of any provision of this title;

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

(i) a felony;

(ii) a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to provide real estate brokerage services; or

(iii) a crime that constitutes a violation of any provision of this title;

(25) engages in conduct that demonstrates bad faith, incompetency, or untrustworthiness or that constitutes dishonest, fraudulent, or improper dealings;

(26) with actual knowledge of the violation, associates with a licensee in a transaction or practice that violates any provision of this title;

(27) violates § 17–320(c) of this subtitle by failing as a real estate broker to exercise reasonable and adequate supervision over the provision of real estate brokerage services by another individual on behalf of the broker;

(28) provides to a party a contract that does not contain a notice of the buyer’s right of selection, as required by § 17–524 of this title;

(29) requires a buyer to employ a particular title insurance company, settlement company, escrow company, or title lawyer in violation of § 17–607 of this title;

(30) fails to make the disclosure or provide the consent form required by § 17–530.2 of this title;

(31) violates any provision of Subtitle 5 of this title that relates to trust money;

(32) violates any other provision of this title;

(33) violates any regulation adopted under this title or any provision of the code of ethics;

(34) violates § 17–320(d) of this subtitle by failing as a branch office manager to exercise reasonable and adequate supervision over the provision of real estate brokerage services by any salesperson or associate broker registered with that office; or

(35) has been disciplined under a real estate licensing law of another jurisdiction.

(c) (1) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this section, the Commission may impose a penalty not exceeding $5,000 for each violation.

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

(i) the seriousness of the violation;

(ii) the harm caused by the violation;

(iii) the good faith of the licensee; and

(iv) any history of previous violations by the licensee.

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

(4) The Commission may not impose a fine based solely on a violation of subsection (b)(35) of this section.

(d) The Commission 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 (b)(24)(i) and (ii) 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 provide real estate brokerage services;

(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, Health Occupations § 17-306 — MD Code / Article gho / Title 17 / Subtitle 3 / Section 17-306
§17–306.
Status: in_force

(a) Subject to subsection (b) of this section, the Board shall waive the requirements for licensure under § 17–303(d), (e), (f), and (h) of this subtitle for an applicant to practice clinical marriage and family therapy if the applicant:

(1) Is licensed or certified as a clinical marriage and family therapist in another state, territory, or jurisdiction;

(2) Has no history of disciplinary action, past or pending, in a state, territory, or jurisdiction in which the applicant holds a license or certification to practice clinical marriage and family therapy;

(3) Has not committed any act or omission that would be grounds for discipline or denial of licensure under § 17–509 of this title;

(4) Submits to the Board a copy of a current license from each state, territory, or jurisdiction in which the applicant has been licensed, registered, or otherwise authorized to practice clinical marriage and family therapy;

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

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

(b) The Board:

(1) May not require an applicant to pass a national certification exam; but

(2) May require an applicant to pass an examination of the requirements of this title.

(c) The Board shall adopt regulations to implement this section.
Md. Code, Business Occupations and Professions § 17-701 — MD Code / Article gbo / Title 17 / Subtitle 7 / Section 17-701
§17–701.
Status: in_force

This title may be cited as the “Maryland Real Estate Brokers Act”.
Md. Code, Alcoholic Beverages and Cannabis § 17-901 — MD Code / Article gab / Title 17 / Subtitle 9 / Section 17-901
§17–901.
Status: in_force

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

(b) (1) The license authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license.

(2) The license holder shall deliver the beer, wine, or liquor in a sealed package or container that may not be opened or its contents consumed on the licensed premises.

(c) The license may not be issued for a drugstore unless the applicant:

(1) has been doing business at the location applied for in the license for at least 1 year before the date of the application for the license;

(2) is the assignee of a business established for at least 1 year before the date of the application for the license at the location applied for; or

(3) has been engaged in the retail drug business for at least 3 years.

(d) The annual license fee is $750.
Md. Code, Business Regulation § 17-1008 — MD Code / Article gbr / Title 17 / Subtitle 10 / Section 17-1008
§17–1008.
Status: in_force

If a nonresident junk dealer or nonresident scrap metal processor establishes a fixed place of business as a junk dealer or scrap metal processor in the State, the nonresident junk dealer or scrap metal processor shall:

(1) obtain a junk dealer or scrap metal processor license; and

(2) comply with all laws and regulations related to the junk dealer or scrap metal processor license.
Md. Code, Health - General § 17-603 — MD Code / Article ghg / Title 17 / Subtitle 6 / Section 17-603
§17–603.
Status: in_force

(a) Except as provided in subsection (b) of this section, any person that possesses and maintains any biological agent shall report to the Department the information required by the Department for inclusion in the Biological Agents Registry.

(b) Subsection (a) of this section does not apply to a biological agent or a certified laboratory or facility that is exempt from the requirements for the interstate shipment of etiologic agents under Title 42, Part 72.6(h) or Part 72, Appendix A of the Code of Federal Regulations.
Md. Code, Commercial Law § 17-103 — MD Code / Article gcl / Title 17 / Subtitle 1 / Section 17-103
§17–103.
Status: in_force

(a) The Administrator may adopt the necessary rules and regulations to carry out the provisions of this title.

(b) The Administrator may continue to regulate the imposition of service charges on property during the period of time giving rise to the presumption of abandonment by adopting rules and regulations relating to service charges.
Md. Code, Commercial Law § 17-308.1 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-308.1
§17–308.
Status: in_force

§17–308.1.

(a) A holder may not impose any charges on a dormant or inactive account or cease payment or accrual of any benefits, including dividends or interest on property during the period of time giving rise to the presumption of abandonment unless:

(1) The charges or cessation of any benefit are provided for in a valid, enforceable and written contract between the holder and the owner which specifies the amount or rate of the charges and that the benefit will cease;

(2) For property in excess of $2, the holder gives written notice to the owner at the owner’s last known address before the proposed action; and

(3) The holder imposes charges or ceases accrual or payment of benefits on all dormant or inactive accounts, and does not reverse or otherwise cancel the charges or retroactively pay or accrue benefits with respect to those accounts.

(b) A holder may consider a money order dormant or inactive for purposes of imposing a service charge if the owner has taken none of the actions set forth in § 17–301.1(b)(3) of this subtitle for 1 year from the date of issuance of the money order.

(c) The notice required in this section is not required with respect to charges imposed or benefits that ceased prior to July 1, 1981.
Md. Code, Environment § 17-403 — MD Code / Article gen / Title 17 / Subtitle 4 / Section 17-403
§17–403.
Status: in_force

(a) (1) A person who violates any provision of this title or any regulation adopted under this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both.

(2) Each day that a person conducts marine contractor services without a license constitutes a separate offense.

(b) (1) In addition to any other sanction under this subtitle, a civil action may be brought against a person for a violation of this title, or any regulation adopted under this title.

(2) A person may be liable for a civil penalty under this subsection not to exceed $10,000 for each violation.

(c) Any penalties collected under this section shall be paid into the Wetlands and Waterways Program Fund, established under § 5–203.1 of this article, to be used for the administration of the Board.
Md. Code, Commercial Law § 17-406 — MD Code / Article gcl / Title 17 / Subtitle 4 / Section 17-406
§17–406.
Status: in_force

(a) (1) Except as provided in § 17–407 of this subtitle, a museum shall provide the notice required under this subtitle by certified mail to the last known address of the lender.

(2) The notice requirement is satisfied if the museum receives proof of receipt of the notice within 30 days after the notice was mailed.

(b) A lender shall provide written notice to the museum of a change in address of:

(1) The lender; or

(2) Any designated agent of the lender.

(c) If the ownership of property on loan to a museum changes while the museum is in possession of the property, the new owner of the property must provide written notice to the museum of:

(1) The change of ownership of the property; and

(2) The name and address of the new owner.
Md. Code, Business Occupations and Professions § 17-611 — MD Code / Article gbo / Title 17 / Subtitle 6 / Section 17-611
§17–611.
Status: in_force

A person may not violate a suspension order issued under § 17-522 of this title.
Md. Code, Health Occupations § 17-6A-17 — MD Code / Article gho / Title 17 / Subtitle 6A / Section 17-6A-17
§17–6A–17.
Status: in_force

(a) A licensee shall notify the Board in writing of a change in name or address within 60 days after the change.

(b) A licensee who fails to comply with subsection (a) of this section is subject to an administrative penalty of $100.
Md. Code, Alcoholic Beverages and Cannabis § 17-2501 — MD Code / Article gab / Title 17 / Subtitle 25 / Section 17-2501
§17–2501.
Status: reserved

(a) A public club, room, or other unlicensed establishment, at a location under the control or possession of the establishment, may not:

(1) sell or serve alcoholic beverages to a member or guest;

(2) keep alcoholic beverages for a member or guest;

(3) allow a customer to consume or to be served or given alcoholic beverages from the supplies that the customer has previously purchased or reserved; or

(4) sell, serve, keep, or allow to be consumed setups or other component parts of mixed alcoholic drinks to a member or guest.

(b) A person that operates a business establishment for profit that is not licensed under this article may not knowingly allow a customer to bring alcoholic beverages for consumption into the establishment.

(c) A person that violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
Md. Code, Commercial Law § 17-311 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-311
§17–311.
Status: in_force

(a) (1) Within 365 days from the filing of the report required by § 17-310 of this subtitle, the Administrator shall cause notice to be published in a newspaper of general circulation in the county in the State within which is located the last known address of any person to be named in the notice.

(2) If an address is not listed or if the address is outside the State, the notice shall be published in the county within which the person who held the abandoned property has the principal place of business in this State.

(b) The published notice shall be entitled “Notice of Names of Persons Appearing to Be Owners of Abandoned Property” and shall contain:

(1) The names in alphabetical order and last known addresses, if any, of persons listed in the report and entitled to notice in the county specified in this section;

(2) A statement that information concerning the amount or description of the property and the name and address of the person who held the property may be obtained by any person who possesses an interest in the property, by addressing an inquiry to the Administrator; and

(3) A statement that a proof of claim may be presented by the owner to the Administrator.

(c) The Administrator is not required to publish in the notice any item valued at less than $50 unless the Administrator considers the publication to be in the public interest.

(d) Within 120 days from the receipt of the report required by § 17-310 of this subtitle, the Administrator shall mail a notice to each person who has an address listed in the report who appears entitled to property valued at $100 or more and presumed abandoned under this subtitle.

(e) The mailed notice shall contain:

(1) A statement that, according to a report filed with the Administrator, property is being held to which the addressee appears entitled;

(2) The name and address of the person who held the property and any necessary information regarding any change of the name or address of the holder; and

(3) A statement that a proof of claim may be presented by the owner to the Administrator.
Md. Code, Public Utilities § 17-201 — MD Code / Article gpu / Title 17 / Subtitle 2 / Section 17-201
§17–201.
Status: in_force

(a) (1) The Commission is a body corporate.

(2) The Commission may:

(i) use a common seal;

(ii) sue and be sued; and

(iii) do any other corporate act for the purpose of carrying out this division.

(b) (1) The Commission shall certify to the county councils of Montgomery County and Prince George’s County a tax rate that will, when imposed and collected in accordance with § 22–106 of this article, produce an amount sufficient to satisfy:

(i) a judgment against the Commission, including related costs and attorney’s fees; or

(ii) a settlement agreement to resolve threatened or pending litigation, including related costs and attorney’s fees.

(2) The Commission shall certify the tax rate under paragraph (1) of this subsection at the beginning of the taxable year for property taxes of the county councils of Montgomery County and Prince George’s County immediately following the date of the judgment or settlement agreement described in paragraph (1) of this subsection.

(3) The tax rate described in this subsection is in addition to any tax required under this division for interest, serial bonds, or sinking fund requirements.

(c) All acts, orders, and regulations previously passed by the Commission while sitting in the District of Columbia are ratified and shall be given the same force and effect as if passed in the State.
Md. Code, Transportation § 17-102 — MD Code / Article gtr / Title 17 / Subtitle 1 / Section 17-102
§17–102.
Status: in_force

This subtitle does not apply to the following vehicles and their drivers:

(1) Except for a vehicle registered under § 13-935(d) of this article, farm equipment or special mobile equipment incidentally operated on a highway or on other property open to the public; or

(2) A vehicle operated on a highway only to cross the highway from one property to another.
Md. Code, Local Government § 17-314 — MD Code / Article glg / Title 17 / Subtitle 3 / Section 17-314
§17–314.
Status: in_force

The Montgomery County Investment Pool shall be:

(1) administered by the Montgomery County Director of Finance; and

(2) managed in accordance with the local investment policy adopted by Montgomery County under § 17–205 of this title.
Md. Code, Health - General § 17-217 — MD Code / Article ghg / Title 17 / Subtitle 2 / Section 17-217
§17–217.
Status: in_force

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

(b) The Advisory Committee shall consist of:

(1) At least the following representatives appointed biennially from a list of eligibles:

(i) 1 member of the American Academy of Family Practitioners;

(ii) 1 member of the American Academy of Pediatricians;

(iii) 1 member of the American College of Physicians;

(iv) 1 member of the American Society for Clinical Pathology; and

(v) 1 member of the American College of Pathology; and

(2) 1 representative of the Advanced Medical Technology Association.

(c) The Secretary may appoint any other individuals or representatives at the Secretary’s discretion.

(d) The chairman of the Advisory Committee shall be designated by the Secretary every 2 years.
Md. Code, Commercial Law § 17-319 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-319
§17–319.
Status: in_force

(a) (1) The Administrator shall consider any claim filed under this title and may hold a hearing and receive evidence concerning it.

(2) (i) If a hearing is held, the Administrator shall prepare a finding and a decision in writing on each claim filed, stating the substance of any evidence heard by the Administrator and the reasons for the Administrator’s decision.

(ii) The decision shall be a public record.

(b) (1) If the claim is allowed, or if the Administrator waives the filing requirement in accordance with § 17–318(b) of this subtitle, the Administrator immediately shall make payment.

(2) The claim shall be paid without deduction for costs of notices or sale or for service charges.

(c) In satisfying a claim the Administrator shall pay the claimant an amount equal to the sales price obtained at the public sale.
Md. Code, Alcoholic Beverages and Cannabis § 17-102 — MD Code / Article gab / Title 17 / Subtitle 1 / Section 17-102
§17–102.
Status: in_force

This title applies only in Cecil County.
Md. Code, Alcoholic Beverages and Cannabis § 17-2007 — MD Code / Article gab / Title 17 / Subtitle 20 / Section 17-2007
§17–2007.
Status: in_force

(a) This subtitle does not restrict the sale or consumption of alcoholic beverages on a licensed premises:

(1) on January 1, between midnight and 4 a.m.; or

(2) on December 31, when that date falls on a Sunday, between 7 p.m. and 4 a.m. the following day.

(b) When January 1 falls on a Sunday, a person may not sell or consume alcoholic beverages on a licensed premises between 4 a.m. and the appropriate opening hour of sale specified in this subtitle.
Md. Code, State Finance and Procurement § 17-201 — MD Code / Article gsf / Title 17 / Subtitle 2 / Section 17-201
§17–201.
Status: in_force

(a) In this subtitle, unless the context indicates otherwise, the following words have the meanings indicated.

(b) “Apprentice” means an individual who:

(1) is at least 16 years old;

(2) has signed with an employer or employer’s agent, an association of employers, an organization of employees, or a joint committee from both, an agreement including a statement of:

(i) the trade, craft, or occupation that the individual is learning; and

(ii) the beginning and ending dates of the apprenticeship; and

(3) is registered in a program of the Council or the Office of Apprenticeship of the United States Department of Labor.

(c) “Commissioner” means:

(1) the Commissioner of Labor and Industry;

(2) the Deputy Commissioner of Labor and Industry; or

(3) an authorized representative of the Commissioner.

(d) “Construction” includes all:

(1) building;

(2) reconstructing;

(3) improving;

(4) enlarging;

(5) painting and decorating;

(6) altering;

(7) maintaining;

(8) repairing; and

(9) services provided under a mechanical systems service contract.

(e) “Council” means the Apprenticeship and Training Council.

(f) (1) “Employee” means an apprentice or worker employed by a contractor or subcontractor under a public work contract.

(2) “Employee” does not include an individual employed by a public body.

(g) (1) “Locality” means the county in which the work is to be performed.

(2) If the public work is located within 2 or more counties, the locality includes all counties in which the public work is located.

(h) “Mechanical systems service contract” means a contract for:
Md. Code, Alcoholic Beverages and Cannabis § 17-1404 — MD Code / Article gab / Title 17 / Subtitle 14 / Section 17-1404
§17–1404.
Status: in_force

The hearing for a new applicant and the issuance of a license may not be delayed due to the failure of the Federal Bureau of Investigation to provide the requested criminal history record information by the date of the scheduled hearing.
Md. Code, Business Occupations and Professions § 17-523 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-523
§17–523.
Status: in_force

(a) Each real estate contract submitted to a party by a real estate broker, an associate real estate broker, or a real estate salesperson for use in the sale of residential property used as a dwelling place for one or two single-family units shall contain, in the manner provided under subsection (b) of this section, the following statement, as required by § 14-117 of the Real Property Article:

“Section 14-104 of the Real Property Article of the Annotated Code of Maryland provides that, unless otherwise negotiated in the contract or provided by local law, the cost of any recordation tax or any State or local transfer tax shall be shared equally between the buyer and seller.”

(b) The statement required under subsection (a) of this section shall be printed in conspicuous type or handwritten in the contract or an addendum to the contract.

(c) A real estate contract is not rendered invalid by the omission of the statement to the buyer required under subsection (a) of this section.
Md. Code, Transportation § 17-208 — MD Code / Article gtr / Title 17 / Subtitle 2 / Section 17-208
§17–208.
Status: in_force

(a) For purposes of this subtitle, a judgment is considered satisfied if:

(1) It is paid to the judgment creditor or into the court that rendered the judgment, either in full or up to the minimum required security amounts required under the Maryland Vehicle Law; or

(2) An order of satisfaction is filed with the court that rendered the judgment.

(b) A payment made in settlement of any claim because of bodily injury, death, or property damage arising from the accident shall be credited in reduction of the payment required by subsection (a) (1) of this section.
Md. Code, Education § 17-302 — MD Code / Article ged / Title 17 / Subtitle 3 / Section 17-302
§17–302.
Status: in_force

(a) Except as provided in subsection (b) of this section, each eligible institution shall receive from the State, in the manner and subject to the limitations of this subtitle, with respect to the amounts pledged by eligible private donors as voluntary donations at any time during the previous fiscal year to the eligible institution for eligible programs as follows:

(1) An amount equal to the first $250,000 or any portion thereof of pledged amounts;

(2) An amount equal to one–half of the next $1,000,000 or any portion thereof of pledged amounts; and

(3) An amount equal to one–third of the amount in excess of $1,250,000 or any portion thereof of pledged amounts.

(b) Bowie State University, Coppin State University, Morgan State University, and University of Maryland Eastern Shore shall receive from the State, in the manner and subject to the limitations of this subtitle, with respect to the amounts pledged by eligible private donors as voluntary donations at any time during the previous fiscal year to the eligible institution for eligible programs as follows:

(1) For amounts pledged on or after July 1, 2001, an amount equal to $2 for every $1 of the first $250,000 or any portion thereof of pledged amounts; and

(2) For amounts pledged on or after July 1, 2001, an amount equal to the next $1,000,000 or any portion thereof of pledged amounts.

(c) Payments shall be made by the State:

(1) Only with respect to pledged amounts that are paid by the eligible private donor to:

(i) Bowie State University, Coppin State University, Morgan State University, and University of Maryland Eastern Shore before January 1, 2010; and

(ii) All other eligible institutions before July 1, 2004; and

(2) (i) To Bowie State University, Coppin State University, Morgan State University, and the University of Maryland Eastern Shore, in the fiscal year following the fiscal year during which the amounts are paid by eligible private donors; and

(ii) To all other eligible institutions, in equal installments in fiscal years 2006, 2007, 2008, and 2009.

(d) Payments by the State under this subtitle may not exceed:

(1) $250,000 to each community college campus;

(2) $1,250,000 each to the University of Maryland, College Park Campus, the University of Maryland, Baltimore Campus, and the University of Maryland Baltimore County;

(3) $1,500,000 each to Bowie State University, Coppin State University, Morgan State University, and University of Maryland Eastern Shore; and

(4) $750,000 to each other eligible institution.

(e) (1) To determine eligibility for State payments, each donation shall be compared to the amount donated during the base year. The following criteria shall be the basis for comparison:

(i) Each donation must be from a new donor; or

(ii) Each donation must represent an increase over the amount given by the donor during the base year.

(2) A donation received during the base year that fulfills a pledge made prior to the base year may not be included in the determination of the amount donated during the base year.

(3) Each donation must be specifically designated as an endowment.
Md. Code, Business Occupations and Professions § 17-404 — MD Code / Article gbo / Title 17 / Subtitle 4 / Section 17-404
§17–404.
Status: in_force

(a) (1) Subject to the provisions of this subtitle, a person may recover compensation from the Guaranty Fund for an actual loss.

(2) A claim shall:

(i) be based on an act or omission that occurs in the provision of real estate brokerage services by:

1. a licensed real estate broker;

2. a licensed associate real estate broker;

3. a licensed real estate salesperson; or

4. an unlicensed employee of a licensed real estate broker;

(ii) involve a transaction that relates to real estate that is located in the State; and

(iii) be based on an act or omission:

1. in which money or property is obtained from a person by theft, embezzlement, false pretenses, or forgery; or

2. that constitutes fraud or misrepresentation.

(b) The amount recovered for any claim against the Guaranty Fund may not exceed $50,000 for each claim.

(c) (1) A person may not recover from the Guaranty Fund for any loss that relates to:

(i) the purchase of any interest in a limited partnership that is formed for the purpose of investment in real estate;

(ii) a joint venture that is promoted by a licensed real estate broker, a licensed associate real estate broker, or licensed real estate salesperson for the purpose of investment in real estate by 2 or more individuals; or

(iii) the purchase of commercial paper that is secured by real estate.

(2) A claim under the Guaranty Fund may not be made by:

(i) the spouse of the licensee or the unlicensed employee alleged to be responsible for the act or omission giving rise to the claim; or

(ii) the personal representative of the spouse of the licensee or the unlicensed employee alleged to be responsible for the act or omission giving rise to the claim.

(d) A claim under this subtitle shall be submitted to the Commission within 3 years after the claimant discovers or, by the exercise of ordinary diligence, should have discovered the loss or damage.
Md. Code, Transportation § 17-209 — MD Code / Article gtr / Title 17 / Subtitle 2 / Section 17-209
§17–209.
Status: in_force

(a) (1) On due notice to the judgment creditor, a judgment debtor may apply to the court that rendered the judgment for the privilege of paying the judgment in installments.

(2) In its discretion, the court may order payment of the judgment in installments and may set and modify from time to time the amounts and times of the installment payments.

(3) A judgment debtor may continue to make payments under an installment plan as long as the installment payments are not in default.

(b) (1) Except as provided for in subsection (c) of this section, after default and on due notice to the judgment creditor, if past–due installments have been paid, the judgment debtor again may apply to the court that allowed the installment payments for the resumption of the privilege of installment payments.

(2) In its discretion, the court may order resumption of the installment payments as provided in subsection (a) of this section.

(c) A judgment debtor under Title 20, Subtitle 6 of the Insurance Article who has been in default at least 3 times under subsection (a)(3) of this section may not resume the privilege of installment payments unless:

(1) The Fund receives payment in an amount satisfactory to the Fund; and

(2) The Fund consents to the resumption of installment payments.

(d) The actions of a court under this section are without prejudice to any other legal remedy of the judgment creditor.
Md. Code, Local Government § 17-207 — MD Code / Article glg / Title 17 / Subtitle 2 / Section 17-207
§17–207.
Status: in_force

(a) (1) Each governmental entity shall adopt by resolution, motion, or ordinance a local debt policy that:

(i) is consistent with the Maryland Constitution and all applicable State and local laws; and

(ii) meets the needs of the governmental entity.

(2) Promptly after the adoption of a local debt policy, the governmental entity shall mail a certified copy to the State Treasurer.

(3) If the State Treasurer determines that the local debt policy is not consistent with the Maryland Constitution or any applicable State or local law:

(i) the State Treasurer shall notify the governmental entity; and

(ii) the governmental entity shall prepare and submit a revised local debt policy.

(b) If the governmental entity amends its local debt policy, the governmental entity shall submit its revised policy to the State Treasurer in accordance with subsection (a) of this section.
Md. Code, Business Regulation § 17-1803 — MD Code / Article gbr / Title 17 / Subtitle 18 / Section 17-1803
§17–1803.
Status: in_force

(a) Except as otherwise provided in this subtitle, a person must have a trader’s license whenever the person:

(1) does business as a trader in the State; or

(2) does business as an exhibitor in the State.

(b) A separate trader’s license is required for each store or place of business that a person operates in the State.

(c) (1) A separate trader’s license is required for each mobile place of business that operates exclusively in one fixed location in the State.

(2) Each mobile place of business that operates in more than one location in the State requires a trader’s license and a peddler’s license issued under Subtitle 9 of this title.

(d) This section does not apply to:

(1) a grower, maker, or manufacturer of goods;

(2) a nonresident traveling salesperson, sample merchant, or representative of a foreign mercantile or manufacturing business while selling to or soliciting an order from a licensed trader in the State;

(3) a private individual while publicly selling the individual’s personal effects on the individual’s property, if the individual holds only 1 sale not exceeding 14 consecutive days in a calendar year; or

(4) a restaurant licensed under Subtitle 16 of this title that generates 10% or less of its annual sales from nonfood items.

(e) (1) An exhibitor need not get a trader’s license for a show if the show is promoted by:

(i) a church, as defined in § 5–301(b) of the Corporations and Associations Article;

(ii) a governmental unit;

(iii) an amateur radio organization;

(iv) an antique vehicle, machine, and equipment organization;

(v) a volunteer fire department or rescue squad; or

(vi) a model train collectors’ association.

(2) An exhibitor need not get a trader’s license for a show if the exhibitor gives to the promoter an exhibitor’s affidavit stating that the exhibitor:

(i) receives less than 10% of the exhibitor’s annual income from selling the kind of goods that the exhibitor will display and sell at the show; and

(ii) has not participated in more than three shows, not including participation in one show sponsored by a national organization that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code, during the previous 365 days.

(3) An exhibitor at an antique show, coin show, or collector show need not get a trader’s license for the show if the exhibitor gives to the promoter an exhibitor’s affidavit stating that the exhibitor:

(i) will display and sell at the show;

(ii) receives less than 10% of the exhibitor’s annual income in the State from selling the kind of goods that the exhibitor will display and sell at the show; and

(iii) has not participated in more than three antique shows, coin shows, or collector shows in the State during the previous 365 days.

(4) An exhibitor who has a trader’s license need not get an additional trader’s license for a show if, before the show, the exhibitor gives the promoter a photocopy of the trader’s license.
Md. Code, Public Utilities § 17-605 — MD Code / Article gpu / Title 17 / Subtitle 6 / Section 17-605
§17–605.
Status: in_force

(a) The Office shall:

(1) assist the Commission by providing independent evaluation and recommendations regarding opportunities to:

(i) preserve the Commission’s reputation; and

(ii) improve the effectiveness, productivity, or efficiency of Commission programs, policies, practices, and operations;

(2) ensure public accountability by preventing, investigating, and reporting instances of fraud, waste, and abuse of Commission property or funds;

(3) examine, evaluate, and report on the adequacy and effectiveness of the systems of internal controls and their related accounting, financial, technology, and operational policies;

(4) report noncompliance with and propose ways to improve employee compliance with applicable law, policy, and ethical standards of conduct;

(5) conduct audits as required under § 25–405 of this article; and

(6) conduct other audits related to the operation of the Commission.

(b) In developing recommendations, the Office may:

(1) conduct administrative investigations, budgetary analyses, and financial, management, or performance audits and similar reviews;

(2) provide management advisories; and

(3) utilize the assistance from any other government agency or private party to complete a project initiated by the Office.

(c) When applicable, the inspector general shall comply with generally accepted government auditing standards.

(d) (1) Except as provided in paragraph (2) of this subsection, the inspector general shall submit written reports to the Commission for publication on the Commission’s website.

(2) The inspector general:

(i) may not disclose any record, report, or related information that is protected from disclosure under the Public Information Act;

(ii) may provide an oral report if appropriate under generally accepted government auditing standards; and

(iii) shall establish and follow procedures for safeguarding the identity of confidential sources and protecting privileged and confidential information.

(3) The Commission shall publish with any report submitted by the inspector general any official written comments or responses offered by the Commission’s management.

(4) The inspector general shall also submit to the Commission for publication on the Commission’s website periodic reports that summarize the activities, findings, recommendations, and accomplishments of the Office.

(e) If reasonable grounds exist to believe that a serious violation of federal, State, or local law or Commission regulations has occurred, the inspector general shall report the allegation to:

(1) an appropriate law enforcement agency;

(2) the State Ethics Commission;

(3) the Commission Board of Ethics; or

(4) any other agency with jurisdiction to enforce the law.

(f) The Commission shall adopt regulations to ensure that the Office operates independently from the management of the Commission.
Md. Code, Environment § 17-302 — MD Code / Article gen / Title 17 / Subtitle 3 / Section 17-302
§17–302.
Status: in_force

(a) To qualify for a license, an applicant shall meet the requirements of this section and any regulations adopted under this section.

(b) If the applicant is an entity, the entity shall appoint a member of the entity as the representative member to make the application on behalf of the entity.

(c) An individual applicant or, if the applicant is an entity, the representative member shall:

(1) Have at least 2 years of experience as a full–time marine contractor or demonstrate similar contractor experience;

(2) Pass a written marine contractor test recognized by the Board;

(3) Have a federal tax identification number; and

(4) Carry:

(i) Commercial general liability insurance with a $300,000 total aggregate minimum; and

(ii) Workers’ compensation insurance, unless exempt by law.
Md. Code, Business Occupations and Professions § 17-302 — MD Code / Article gbo / Title 17 / Subtitle 3 / Section 17-302
§17–302.
Status: in_force

(a) An individual is not required to hold a license under this subtitle to:

(1) sell, in a calendar year, 6 or fewer unimproved lots that the individual owns; or

(2) subdivide and sell unimproved property that the individual owns for 10 years or more.

(b) To measure time under subsection (a)(2) of this section, if the ownership of property passes by inheritance to successive individuals, an individual who inherits the property may add the time that the property was owned by preceding individuals in the line of inheritance to the time that the property is owned by that individual.

(c) To determine ownership under subsection (a)(2) of this section, an individual shall be considered the owner of property that is titled to a corporation if:

(1) during the period in question:

(i) the corporation was wholly owned by the individual or the heirs of the individual; and

(ii) the individual or the heirs of the individual were personally liable for all indebtedness or claims relating to the property; and

(2) the individual or the heirs of the individual remain personally liable for all indebtedness or claims relating to the property that arose during the period in question.
Md. Code, Commercial Law § 17-309 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-309
§17–309.
Status: in_force

If specific property which is subject to the provisions of this subtitle is held for an owner whose last known address is in another state, the specific property is not presumed abandoned in this State and is not subject to this subtitle if:

(1) It may be claimed as abandoned or escheated under the laws of the other state; and

(2) The laws of the other state make reciprocal provision that similar specific property is not presumed abandoned or escheatable by the other state when held for an owner whose last known address is in this State.
Md. Code, Alcoholic Beverages and Cannabis § 17-503 — MD Code / Article gab / Title 17 / Subtitle 5 / Section 17-503
§17–503.
Status: in_force

(a) A holder of a wholesaler’s license may enter into an agreement with a holder of a per diem license issued under Subtitle 13 of this title to deliver beer on the effective date of the per diem license and accept returns on the same day.

(b) The agreement entered into under subsection (a) of this section shall include the type of equipment, services, personnel, and supplies required to dispense draft beer.
Md. Code, Business Regulation § 17-304 — MD Code / Article gbr / Title 17 / Subtitle 3 / Section 17-304
§17–304.
Status: in_force

Except as otherwise provided in this title, the clerk shall issue an appropriate license to each applicant who meets the requirements of this title.
Md. Code, Alcoholic Beverages and Cannabis § 17-1305 — MD Code / Article gab / Title 17 / Subtitle 13 / Section 17-1305
§17–1305.
Status: in_force

(a) There is a wine tasting (Class T) license.

(b) The license authorizes the holder to hold wine tasting parties and demonstrations.

(c) The license shall be:

(1) issued on a form that the Board requires; and

(2) signed and sworn to by the applicant.

(d) (1) The license issued may be issued to a person not more than four times in a calendar year.

(2) The total number of days that the license is in effect may not exceed four in a calendar year.

(e) The license fee is $25 per day.
Md. Code, Business Occupations and Professions § 17-101 — MD Code / Article gbo / Title 17 / Subtitle 1 / Section 17-101
§17–101.
Status: in_force

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

(b) “Affiliate” means, unless the context requires otherwise, to establish between an individual and a real estate broker an employment or other contractual relationship under which the individual is authorized to provide real estate brokerage services on behalf of the real estate broker.

(c) “Associate real estate broker” means an individual:

(1) who meets the requirements for a real estate broker license under § 17-305 of this title but who applies for and is granted an associate real estate broker license under §§ 17-307 and 17-309 of this title; and

(2) who, under the associate real estate broker license, may provide real estate brokerage services on behalf of a licensed real estate broker with whom the associate real estate broker is affiliated.

(d) “Commission” means the State Real Estate Commission.

(e) “Guaranty Fund” means a real estate guaranty fund established by the Commission under § 17-402 of this title.

(f) “Hearing board” means a real estate hearing board appointed by the Commission under § 17-325 of this title.

(g) (1) “License” means, unless the context requires otherwise, a license issued by the Commission.

(2) “License” includes, unless the context requires otherwise:

(i) a real estate broker license;

(ii) an associate real estate broker license; and

(iii) a real estate salesperson license.

(h) “Licensed associate real estate broker” means, unless the context requires otherwise, an associate real estate broker who is licensed by the Commission to provide real estate brokerage services on behalf of a licensed real estate broker with whom the associate real estate broker is affiliated.

(i) “Licensed real estate broker” means, unless the context requires otherwise, a real estate broker who is licensed by the Commission to provide real estate brokerage services.

(j) “Licensed real estate salesperson” means, unless the context requires otherwise, a real estate salesperson who is licensed by the Commission to provide real estate brokerage services on behalf of a licensed real estate broker with whom the real estate salesperson is affiliated.

(k) “Licensee” means a licensed real estate broker, a licensed associate real estate broker, or a licensed real estate salesperson.

(l) “Provide real estate brokerage services” means to engage in any of the following activities:

(1) for consideration, providing any of the following services for another person:

(i) selling, buying, exchanging, or leasing any real estate; or

(ii) collecting rent for the use of any real estate;

(2) for consideration, assisting another person to locate or obtain for purchase or lease any residential real estate;

(3) engaging regularly in a business of dealing in real estate or leases or options on real estate;

(4) engaging in a business the primary purpose of which is promoting the sale of real estate through a listing in a publication issued primarily for the promotion of real estate sales;

(5) engaging in a business that subdivides land that is located in any state and sells the divided lots; or

(6) for consideration, serving as a consultant regarding any activity set forth in items (1) through (5) of this subsection.

(m) (1) “Real estate” means any interest in real property that is located in this State or elsewhere.

(2) “Real estate” includes:

(i) an interest in a condominium; and

(ii) a time-share estate or a time-share license, as those terms are defined in § 11A-101 of the Real Property Article.

(n) “Real estate broker” means an individual who provides real estate brokerage services.

(o) “Real estate salesperson” means an individual who, while affiliated with and acting on behalf of a real estate broker, provides real estate brokerage services.
Md. Code, Education § 17-404 — MD Code / Article ged / Title 17 / Subtitle 4 / Section 17-404
§17–404.
Status: in_force

(a) There is a Teacher Quality and Diversity Grant Program within the Teacher Quality and Diversity Program.

(b) The purpose of the Teacher Quality and Diversity Grant Program is to provide grants to teacher preparation programs at institutions of higher education to assist students from groups historically underrepresented in the teaching profession in achieving teacher preparation and certification requirements.

(c) The Maryland Higher Education Commission shall administer the Teacher Quality and Diversity Grant Program by awarding grants totaling at least $500,000 each year:

(1) To applicants on a competitive basis; and

(2) In a manner that serves the purpose of the Grant Program.

(d) The Maryland Higher Education Commission may adopt regulations to carry out this section.
Md. Code, State Finance and Procurement § 17-202 — MD Code / Article gsf / Title 17 / Subtitle 2 / Section 17-202
§17–202.
Status: in_force

(a) This subtitle does not limit:

(1) the hours of work an employee may work in a particular period of time; or

(2) the right of a contractor to pay an employee under a public work contract more than the prevailing wage rate.

(b) Except as provided in subsection (e) of this section, this subtitle does not apply to:

(1) a public work contract of less than $250,000; or

(2) the part of a public work contract for which the federal government provides money if, as to that part, the contractor is required to pay the prevailing wage rate as determined by the United States Secretary of Labor.

(c) If this subtitle and the federal Davis–Bacon Act apply and the federal act is suspended, the Governor may declare this subtitle suspended for the same period for:

(1) the part of that public work contract for which the United States Secretary of Labor would have been required to make a determination of a prevailing wage rate; or

(2) that entire public work contract.

(d) (1) Subject to paragraph (2) of this subsection, this subtitle applies to the construction of a structure or work, including a bridge, a building, a ditch, a road, an alley, a waterwork, or a sewage disposal plant, funded with bond proceeds from bonds issued in accordance with Title 12, Subtitle 2 of the Economic Development Article that is located in a designated tax increment financing development district created on or after July 1, 2018, established under State or local law.

(2) This subsection applies to the construction of a structure or work only if a political subdivision of the State, Baltimore City, or the Revenue Authority of Prince George’s County authorizes that the construction of the structure or work is subject to this subtitle.

(e) This subtitle applies to a mechanical systems service contract that is part of a public work contract with a value in excess of the threshold specified in 41 U.S.C. 6702(a)(2), the McNamara–O’Hara Service Contract Act of 1965 (SCA).
Md. Code, Health Occupations § 17-6A-13 — MD Code / Article gho / Title 17 / Subtitle 6A / Section 17-6A-13
§17–6A–13.
Status: in_force

(a) (1) The Board shall issue a license to any applicant who meets the requirements of this subtitle.

(2) If an applicant submits a complete application for licensure and meets the requirements of this subtitle, the Board shall issue the license within 30 days after receiving the completed application.

(3) If an applicant submitted an incomplete application but is determined to meet the requirements under this subtitle based on additional information submitted by the applicant, the Board shall issue the license within 50 days after receiving the additional information.

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

(1) The full name of the licensed behavior analyst;

(2) The dates of issuance and expiration;

(3) A serial number;

(4) The signatures of the chair and the vice chair of the Board; and

(5) The seal of the Board.

(c) (1) On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 17–501.1 of this title, in determining whether to grant a license, the Board shall consider:

(i) The age at which the crime was committed;

(ii) The circumstances surrounding the crime;

(iii) The length of time that has passed since the crime;

(iv) Subsequent work history;

(v) Employment and character references; and

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

(2) The Board may not issue a license if the criminal history record information required under § 17–501.1 of this title has not been received.

(d) (1) The Board shall send an e–mail notification to an applicant when the Board:

(i) Receives the application;

(ii) Begins its review of the application;

(iii) Determines that the application is complete or the application needs additional information; or

(iv) Decides to issue or deny the license.

(2) At the request of an applicant or a third party designated by the applicant, the Board shall provide additional e–mail notifications regarding the status of the application.
Md. Code, Business Occupations and Professions § 17-614 — MD Code / Article gbo / Title 17 / Subtitle 6 / Section 17-614
§17–614.
Status: in_force

A court shall report to the Commission for appropriate action under this title each conviction of a real estate broker, an associate real estate broker, or a real estate salesperson for a violation of any provision of the following sections of this title:

(1) § 17-608;

(2) § 17-525; and

(3) § 17-526.
Md. Code, Alcoholic Beverages and Cannabis § 17-2606 — MD Code / Article gab / Title 17 / Subtitle 26 / Section 17-2606
§17–2606.
Status: in_force

(a) To protect the public safety and peace when law enforcement officials are present in the county enforcing the laws of other states, an agent, an employee, or a representative of an alcoholic beverages licensing board of another state who enters the county to observe an alcoholic beverage sale:

(1) shall register in person at least 30 days before entry into the county; and

(2) when registering, shall provide:

(i) a written statement setting forth the identity of the registrant;

(ii) the purpose of the entry into the county;

(iii) the make, model, and license number of each vehicle to be used for surveillance activity;

(iv) the names of the premises where surveillance will be conducted; and

(v) the specific time for surveillance of each establishment.

(b) (1) The Sheriff’s office shall issue a certificate of registration to each registrant.

(2) A registrant shall keep the certificate in the registrant’s possession during all investigative activities.

(c) (1) An individual who fails to register as required by this section may not register for 6 months after being found in violation of this section.

(2) The Board shall suspend the registration of a registrant who violates this section for 6 months.

(d) A person who violates this section when the person is prohibited from registering or when the person’s certificate of registration is suspended is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.
Md. Code, Insurance § 17-305 — MD Code / Article gin / Title 17 / Subtitle 3 / Section 17-305
§17–305.
Status: in_force

Each policy of group life insurance shall contain a provision that sets forth any conditions under which the insurer reserves the right to require an individual eligible for insurance to provide evidence of individual insurability satisfactory to the insurer as a condition to part or all of the coverage.
Md. Code, Health Occupations § 17-6A-02 — MD Code / Article gho / Title 17 / Subtitle 6A / Section 17-6A-02
§17–6A–02.
Status: in_force

(a) This subtitle does not limit the use of the terms “behavior analysis” or “behavioral analysis” by an individual authorized to practice under this article who is practicing within the individual’s scope of practice.

(b) This subtitle does not limit the right of an individual to practice a health occupation that the individual is licensed, certified, or otherwise authorized to practice under this article.
Md. Code, Business Occupations and Professions § 17-503 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-503
§17–503.
Status: in_force

Except as authorized under § 17-505 of this subtitle, a real estate broker shall deposit all trust money in a financial institution that is located in the State and whose deposits are insured by:

(1) the Federal Deposit Insurance Corporation;

(2) the Federal Savings and Loan Insurance Corporation;

(3) the National Credit Union Administration;

(4) the State of Maryland Deposit Insurance Fund Corporation; or

(5) the Credit Union Insurance Corporation.
Md. Code, Commercial Law § 17-408 — MD Code / Article gcl / Title 17 / Subtitle 4 / Section 17-408
§17–408.
Status: in_force

In addition to any other information required under this subtitle, any notice given by a museum under this subtitle shall contain:

(1) If known, the name of the lender or the designated agent of the lender;

(2) If known, the last known address of the lender or the designated agent of the lender;

(3) A brief description of the property on loan;

(4) If known, the date of the loan;

(5) The name of the museum; and

(6) The name, address, and telephone number of the person or office at the museum to contact regarding the property.
Md. Code, Transportation § 17-109 — MD Code / Article gtr / Title 17 / Subtitle 1 / Section 17-109
§17–109.
Status: in_force

(a) A person who receives a warning letter under Title 16, Subtitle 4 of this article as a result of point accumulation shall submit evidence that any vehicle registered in the person’s name, individually or jointly, has been continuously covered, since the notice date of the point accumulation warning letter, by the security required under this subtitle.

(b) The evidence of security shall be submitted to the Administration within 30 days of the request on a form prescribed by the Administration and certified by an insurer or insurance producer.
Md. Code, Health Occupations § 17-6A-28 — MD Code / Article gho / Title 17 / Subtitle 6A / Section 17-6A-28
§17–6A–28.
Status: in_force

Unless authorized to practice behavior analysis under this subtitle, a person may not:

(1) Represent to the public that the person is a licensed behavior analyst; or

(2) Use any title, abbreviation, sign, card, or other representation that the person is a licensed behavior analyst.
Md. Code, Commercial Law § 17-325 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-325
§17–325.
Status: in_force

All agreements to pay compensation to recover or assist in the recovery of property made within 24 months of the date the property is paid or delivered to the abandoned property office are unenforceable.
Md. Code, Health Occupations § 17-102 — MD Code / Article gho / Title 17 / Subtitle 1 / Section 17-102
§17–102.
Status: in_force

(a) The General Assembly finds that the profession of counseling and therapy profoundly affects the lives and health of the people of this State.

(b) The purpose of this title is to protect the public by:

(1) Setting qualifications, education, training, and experience standards for counselors and therapists; and

(2) Promoting high professional standards for the practice of counseling and therapy.
Md. Code, State Government § 17-104 — MD Code / Article gsg / Title 17 / Subtitle 1 / Section 17-104
§17–104.
Status: in_force

(a) Whenever a State’s Attorney for a county is informed that an individual has been commissioned in that county and that at the time of the election or appointment of the individual to office the individual was in default to the Treasury of the State for not accounting for and paying over to the Treasury of the State any money, the State’s Attorney shall request the State Comptroller to provide a statement of the account of the individual.

(b) If the Comptroller certifies that the individual is in default, the State’s Attorney shall initiate the mandamus proceeding authorized by § 17-103 of this title.

(c) A State’s Attorney who fails to comply with this section is guilty of a misdemeanor and on conviction shall be removed from office.
Md. Code, Business Regulation § 17-1102 — MD Code / Article gbr / Title 17 / Subtitle 11 / Section 17-1102
§17–1102.
Status: in_force

A person must have a license whenever the person does the business of on–site cleaning, dyeing, pressing, or laundering, other than hand laundering, in the State.
Md. Code, Alcoholic Beverages and Cannabis § 17-202 — MD Code / Article gab / Title 17 / Subtitle 2 / Section 17-202
§17–202.
Status: in_force

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

(b) Each member of the Board shall be of high moral character and possess a sound reputation for integrity.

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

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

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

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

(d) The County Commissioners may remove a member for misconduct in office, incompetence, or willful neglect of duty.
Md. Code, Health - General § 17-211 — MD Code / Article ghg / Title 17 / Subtitle 2 / Section 17-211
§17–211.
Status: in_force

(a) A laboratory issued a license under this subtitle shall enroll in and continue to demonstrate satisfactory performance as defined by the Secretary by regulations in a proficiency testing program or programs approved by the Secretary.

(b) The Secretary shall adopt regulations that:

(1) Define satisfactory proficiency testing performance; and

(2) Set the standards and requirements that a proficiency testing program must meet before it can be designated as an approved program.
Md. Code, Business Regulation § 17-1201 — MD Code / Article gbr / Title 17 / Subtitle 12 / Section 17-1201
§17–1201.
Status: in_force

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

(b) (1) “Storage warehouse” means a building or structure used for keeping goods for a fee.

(2) “Storage warehouse” does not include a self–service storage facility.

(c) “Storage warehouse license” means a license issued by the clerk to keep a storage warehouse.
Md. Code, Business Occupations and Professions § 17-318 — MD Code / Article gbo / Title 17 / Subtitle 3 / Section 17-318
§17–318.
Status: in_force

(a) To change the name of a licensee or a firm on a license certificate and pocket card, a licensee shall submit to the Commission:

(1) an application on the form that the Commission provides;

(2) the license certificate and pocket card of the licensee;

(3) any documentation about the name change that the Commission requires; and

(4) a fee set by the Commission.

(b) On receipt of the application, fee, and any required documentation, the Commission shall issue, to the licensee, a new license certificate and pocket card containing the new name of the licensee or firm.
Md. Code, Alcoholic Beverages and Cannabis § 17-403 — MD Code / Article gab / Title 17 / Subtitle 4 / Section 17-403
§17–403.
Status: in_force

(a) A Class 7 micro–brewery license may be issued to the holder of:

(1) a Class B beer, wine, and liquor (on–sale) license, for use on the premises of the restaurant for which the Class B license was issued; or

(2) a Class D beer, wine, and liquor license, for use on the premises for which the Class D license was issued.

(b) The hours and days of sale for the Class 7 micro–brewery license are those established for a Class D license.

(c) For the holder of a Class D beer, wine, and liquor license that also holds a Class 7 micro–brewery license, the Board may determine the required ratio of gross receipts from the sale of food to the gross receipts from the sale of alcoholic beverages.
Md. Code, Land Use § 17-303 — MD Code / Article glu / Title 17 / Subtitle 3 / Section 17-303
§17–303.
Status: in_force

(a) The park police have concurrent general police jurisdiction with the Montgomery County and Prince George’s County police:

(1) within the parks and other areas under the jurisdiction of the Commission;

(2) within buildings under the jurisdiction of the Commission; and

(3) on the portion of all roads and sidewalks immediately adjacent to property under the jurisdiction of the Commission.

(b) (1) The park police have jurisdiction off park property that may be provided by any reciprocal agreement entered into under § 2–105 of the Criminal Procedure Article.

(2) A reciprocal agreement shall specify the circumstances under which a park police officer may make arrests off of park property.

(3) Notwithstanding § 2–105 of the Criminal Procedure Article, a reciprocal agreement may allow arrests in emergency or nonemergency situations.
Md. Code, Business Occupations and Professions § 17-512 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-512
§17–512.
Status: in_force

(a) With the consent of a licensed real estate broker, one or more licensed real estate salespersons and licensed associate real estate brokers who are affiliated with the licensed real estate broker may:

(1) organize and wholly own a professional service corporation under the Maryland Professional Service Corporation Act;

(2) form a limited liability company under the Maryland Limited Liability Company Act; or

(3) form any other business entity authorized under Maryland law.

(b) A professional service corporation may be organized and owned or a limited liability company or other business entity may be formed under this section by any number and any combination of licensed real estate salespersons and licensed associate real estate brokers. However, each shareholder in the corporation, member of the limited liability company, or owner of any other business entity shall be either a licensed real estate salesperson or a licensed associate real estate broker.

(c) A licensed real estate salesperson or a licensed associate real estate broker who is a shareholder of a professional service corporation, a member of a limited liability company, or the owner of any other business entity may direct that any commission due the salesperson or associate broker be paid to the corporation, limited liability company, or other business entity.
Md. Code, Business Regulation § 17-921 — MD Code / Article gbr / Title 17 / Subtitle 9 / Section 17-921
§17–921.
Status: in_force

(a) Except as otherwise provided in Part III of this subtitle, unless a person has a peddler license, the person may not in Calvert County:

(1) sell or offer for sale at wholesale or retail any vegetables, eggs, poultry, meats, or other farm products; or

(2) sell or offer for sale at retail any dry goods or clothing.

(b) A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $500.
Md. Code, Environment § 17-310 — MD Code / Article gen / Title 17 / Subtitle 3 / Section 17-310
§17–310.
Status: in_force

(a) Except as otherwise provided in § 10–226 of the State Government Article, and subject to the notice and hearing requirements in subsection (c) of this section, the Board may deny, refuse to renew, suspend, or revoke a license if the applicant or licensee:

(1) Violates any provision of this title or any regulation adopted under this title;

(2) Fraudulently or deceptively obtains or attempts to obtain a license for the licensee or for another person;

(3) Fraudulently or deceptively uses a license;

(4) Commits any gross negligence, incompetence, or misconduct while practicing marine contractor services;

(5) Fails to comply with the terms of a tidal wetlands authorization issued under § 16–202 or § 16–307 of this article;

(6) Violates any provision of, or regulations adopted under, § 16–202 or § 16–307 of this article; or

(7) In the Chesapeake and Atlantic Coastal Bays Critical Area, as defined under § 8–1802 of the Natural Resources Article, fails to comply with:

(i) The terms of a State or local permit, license, or approval; or

(ii) Any State or local law, an approved plan, or other legal requirement.

(b) The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, established under Title 8, Subtitle 18 of the Natural Resources Article, shall notify the Board of any licensed marine contractor or applicant for a license that fails to comply with any requirement under subsection (a)(7) of this section.

(c) (1) Before the Board takes any final action under subsection (a) of this section, the Board shall give the applicant or licensee against whom the action is contemplated notice and the opportunity for a hearing before the Board.

(2) The Board shall provide notice and hold a hearing in accordance with the Administrative Procedure Act.

(3) At least 30 days before the hearing, the hearing notice shall be:

(i) Served personally on the individual; or

(ii) Sent by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of the individual or entity.

(4) If, after due notice, the applicant or licensee against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.

(d) Except as provided under subsection (c) of this section, any person aggrieved by a final decision of the Board may take an appeal as authorized under §§ 10–222 and 10–223 of the State Government Article.

(e) For purposes of this section, an act or omission of any principal, agent, or employee of an applicant or licensee may be construed to be the act or omission of the applicant or licensee, as well as of the principal, agent, or employee.
Md. Code, Commercial Law § 17-304 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-304
§17–304.
Status: in_force

(a) (1) For purposes of this section and subject to paragraph (2) of this subsection, a holder shall be deemed to no longer have a valid address for the owner of the property as of the later of:

(i) The date a second communication is returned by the U.S. Postal Service to a holder as undeliverable to an apparent owner, if:

1. The holder sent the second communication to the apparent owner by first–class mail; and

2. A previous communication was:

A. Sent by first–class mail;

B. Sent immediately preceding the second communication; and

C. Returned by the U.S. Postal Service to the holder as undeliverable to the apparent owner; or

(ii) The date a previous communication is returned by the U.S. Postal Service to a holder as undeliverable to an apparent owner, if the holder:

1. Sent the previous communication to the apparent owner:

A. By first–class mail; and

B. Immediately preceding a second communication; and

2. Sent the second communication to the apparent owner:

A. By first–class mail; and

B. More than 30 days after the previous communication under this subparagraph was sent.

(2) (i) Subject to subparagraph (ii) of this paragraph, if the holder does not send communications to an apparent owner by first–class mail, the holder shall attempt to confirm the apparent owner’s interest in the property by e–mailing the apparent owner not later than 2 years after the apparent owner’s last indication of apparent owner interest in the property.

(ii) The holder shall promptly attempt to contact the apparent owner by first–class mail if:

1. The holder does not have the information needed to send an e–mail to the apparent owner;

2. The holder believes the apparent owner’s e–mail address in the holder’s records is not valid;

3. The holder receives notification that the e–mail was not received; or

4. The apparent owner does not respond to the e–mail communication within 30 days after the e–mail was sent.

(iii) 1. If a mailing sent in accordance with subparagraph (ii) of this paragraph is returned by the U.S. Postal Service to the holder as undeliverable to the apparent owner, the mailing shall constitute a communication for purposes of paragraph (1) of this subsection.

2. If a mailing sent in accordance with subparagraph (ii) of this paragraph is not returned by the U.S. Postal Service to the holder as undeliverable to the apparent owner, the holder shall be presumed to have a valid address for the owner of the property.

(b) Any stock or other certificate of ownership, or any dividend, profit, distribution, interest, payment on principal, or other sum held by a business association for or to a shareholder, certificate holder, member, bondholder or other security holder, or participating patron of a cooperative is presumed abandoned 3 years after the later of:

(1) The date the holder is deemed to no longer have a valid address for the owner of the property; or

(2) The date the owner last communicated with the business association regarding the property if:

(i) It is held by a business association organized under the laws of or created in this State;

(ii) It is held by a business association doing business in this State but not organized under the laws of this State, and the records of the business association indicate that the last known address of the person entitled to it is in this State; or

(iii) It is held by a business association not doing business in this State and not organized under the laws of this State, but the records of the business association indicate that the last known address of the person entitled to it is in this State.

(c) This section shall apply to the stock or other certificate of ownership on, for or from which the amounts described in subsection (b) of this section have been presumed abandoned only if:

(1) The holder is deemed to no longer have a valid address for the owner of the property for the preceding 3 years; or

(2) The owner of said underlying stock or certificate has not, within the 3–year period giving rise to the presumption of abandonment:

(i) Communicated in writing with the association regarding the interest or a dividend, distribution, or other sum payable as a result of the interest; or

(ii) Otherwise communicated with the association regarding the interest or a dividend, distribution, or other sum payable as a result of the interest, as evidenced by a memorandum or other record on file with the association prepared by an employee of the association.

(d) (1) At the expiration of a 3–year period following the failure of the owner to claim a dividend, distribution, or other sum payable to the owner as a result of the interest, the interest is not presumed abandoned unless there have been at least 3 dividends, distributions, or other sums paid during the period, none of which has been claimed by the owner.

(2) If 3 dividends, distributions, or other sums are paid during the 3–year period, the period leading to a presumption of abandonment commences on the date payment of the first such unclaimed dividend, distribution, or other sum became due and payable.

(3) If 3 dividends, distributions, or other sums are not paid during the presumptive period, the period continues to run until there have been 3 dividends, distributions, or other sums that have not been claimed by the owner.

(e) (1) The running of the 3–year period of abandonment ceases immediately upon:

(i) The holder obtaining a valid address for the owner of the property; or

(ii) The occurrence of a communication referred to in subsection (c)(2) of this section.

(2) If any future dividend, distribution, or other sum payable to the owner as a result of the interest is subsequently not claimed by the owner, a new period of abandonment commences and relates back to the time a subsequent dividend, distribution, or other sum became due and payable.

(f) At the time an interest is presumed abandoned under this section, any dividend, distribution, or other sum then held for or owing to the owner as a result of the interest, and not previously presumed abandoned, is presumed abandoned.

(g) This section does not apply to:

(1) Any stock or other intangible ownership interest enrolled in a plan that provides for the automatic reinvestment of dividends, distributions, or other sums payable as a result of the interest unless the records available to the Administrator of the plan show, with respect to any intangible ownership interest not enrolled in the reinvestment plan, that:

(i) The holder is deemed to no longer have a valid address for the owner of the stock or other intangible ownership interest; or

(ii) The owner has not within 3 years communicated in any manner described in subsection (c)(2) of this section; or

(2) Nonescheat capital credits, as defined in § 5–650.1 of the Corporations and Associations Article.

(h) (1) The holder of an interest under this section shall deliver a duplicate certificate or other evidence of ownership if the holder does not issue certificates of ownership to the Administrator.

(2) Upon delivery of a duplicate certificate to the Administrator, the holder and any transfer agent, registrar, or other person acting for or on behalf of a holder in executing or delivering the duplicate certificate is relieved of all liability of every kind in accordance with the provision of § 17–313 of this subtitle to every person, including any person acquiring the original certificate or the duplicate of the certificate issued to the Administrator, for any losses or damages resulting to any person by the issuance and delivery to the Administrator of the duplicate certificate.
Md. Code, Environment § 17-308 — MD Code / Article gen / Title 17 / Subtitle 3 / Section 17-308
§17–308.
Status: in_force

(a) The Secretary shall adopt regulations to stagger the terms of the licenses.

(b) A license expires on the date the Secretary sets, in accordance with subsection (a) of this section.

(c) At least 2 months before a license expires, the Board shall send to the licensee, by first–class mail or electronically, to the last known address of the licensee:

(1) A renewal application form; and

(2) A notice that states:

(i) The date on which the current license expires;

(ii) The date by which the Board must receive the renewal application for the renewal to be issued and mailed before the license expires; and

(iii) The amount of the renewal fee.

(d) Before a license expires, the licensee may renew the license for an additional 2–year term if the licensee:

(1) Is otherwise entitled to be licensed;

(2) Pays to the Board:

(i) The required renewal fee set by the Board; and

(ii) Any outstanding fees; and

(3) Submits to the Board:

(i) Satisfactory evidence of compliance with the continuing education requirements established under subsection (e) of this section;

(ii) Satisfactory evidence of compliance with the insurance requirements established under § 17–302 of this subtitle;

(iii) Satisfactory evidence of the resolution of any license violations, suspensions, denials, revocations, or other Board actions taken under this title; and

(iv) A renewal application on the form that the Board provides.

(e) (1) A licensee shall complete 12 hours of continuing education instruction covering marine contractor subject matter approved by the Board.

(2) (i) The Board shall approve the substance and form of a continuing education course if the course is:

1. Offered by a qualified instructor; or

2. Conducted by an educational institution approved by the Board.

(ii) The licensee is responsible for the cost of any continuing education course.

(f) The Board shall renew the license of each licensee who meets the requirements of this section.
Md. Code, Land Use § 17-114 — MD Code / Article glu / Title 17 / Subtitle 1 / Section 17-114
§17–114.
Status: in_force

(a) In this section, “average annual net earnings”:

(1) means one–half of any net earnings of the business or farm operation, before federal, State, and local income taxes, during:

(i) the 2 taxable years immediately preceding the taxable year when the business or farm operation moves from the real property acquired for the project; or

(ii) a different period the Commission determines to be more equitable for establishing the earnings; and

(2) includes any compensation paid by the business or farm operation to the owner or the owner’s spouse or dependents during the period.

(b) A person who is displaced by the acquisition of real property for a program or project the Commission undertakes may apply to the appropriate county planning board for a relocation payment under this section.

(c) The Commission shall make the relocation payment to the displaced person after the county planning board approves the application.

(d) (1) The relocation payment shall include:

(i) actual reasonable expenses to move the person and the person’s family, business, farm operation, or other personal property;

(ii) actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation; and

(iii) actual reasonable expenses in searching for a replacement business or farm.

(2) The losses payable under paragraph (1)(ii) of this subsection may not exceed the reasonable expenses that would have been required to relocate the property, as determined by the appropriate county planning board.

(e) A displaced person eligible for a relocation payment under subsection (c) of this section who is displaced from a dwelling and who chooses to accept a relocation payment under this subsection instead of a relocation payment under subsection (c) of this section may receive:

(1) a moving expense allowance determined according to a schedule established by the Commission, not to exceed $300; and

(2) a relocation allowance of $200.

(f) (1) Subject to subsection (g) of this section, a displaced person eligible for a relocation payment under subsection (c) of this section who is displaced from the person’s place of business or farm operation and who chooses to accept a relocation payment under this subsection instead of a relocation payment under subsection (c) of this section may receive a fixed payment in an amount equal to the average annual net earnings of the business or farm operation.

(2) A relocation payment under this subsection shall be at least $2,500 and may not exceed $10,000.

(g) A business is not eligible to receive a relocation payment under subsection (f) of this section unless the Commission is satisfied that the business:

(1) cannot be relocated without a substantial loss of its existing patronage; and

(2) is not a part of a commercial enterprise that has at least one other location that:

(i) the Commission is not acquiring; and

(ii) is engaged in the same or a similar business.
Md. Code, Business Regulation § 17-1705 — MD Code / Article gbr / Title 17 / Subtitle 17 / Section 17-1705
§17–1705.
Status: in_force

An applicant for a micro market license shall provide to the clerk:

(1) a form required by the Comptroller that includes the address of each micro market to be operated by the applicant; and

(2) a license fee of $50.
Md. Code, Business Regulation § 17-1202 — MD Code / Article gbr / Title 17 / Subtitle 12 / Section 17-1202
§17–1202.
Status: in_force

A person must have a storage warehouse license whenever the person keeps a storage warehouse where goods are stored for a fee in the State.
Md. Code, Land Use § 17-205 — MD Code / Article glu / Title 17 / Subtitle 2 / Section 17-205
§17–205.
Status: in_force

The Commission may transfer any land that it holds under this title and determines not to be needed for park purposes or other purposes authorized under this title.
Md. Code, Insurance § 17-209 — MD Code / Article gin / Title 17 / Subtitle 2 / Section 17-209
§17–209.
Status: in_force

(a) (1) Insurance under a policy of group life insurance issued in accordance with §§ 17–201 through 17–205 of this subtitle may be extended to cover the spouse, domestic partner, or dependent children of each insured employee or member who elects to obtain the coverage.

(2) The policy may provide that the term “dependent children” includes:

(i) an insured employee’s or member’s child under 18 years of age; and

(ii) an insured employee’s or member’s child 18 years of age or older who attends an educational institution and relies on the insured employee or member for financial support.

(3) The term “domestic partner” has the meaning stated in the policy.

(4) The insurance on the life of a spouse, domestic partner, or child may not exceed the amount of the insurance on the life of the insured employee or member.

(b) The policyholder shall pay the premium for the insurance on the spouse, domestic partner, or child:

(1) wholly from the funds of the policyholder or funds contributed by the policyholder;

(2) wholly from funds contributed by the insured employees or members; or

(3) partly from the funds of the policyholder or funds contributed by the policyholder and partly from funds contributed by the insured employees or members.

(c) A spouse, domestic partner, or dependent child insured under this section is entitled to:

(1) the rights of conversion under § 17–309 of this title, if employment of the employee or membership in the class or classes eligible for insurance under the policy is terminated; and

(2) the rights of conversion under § 17–310 of this title, if the policy of group life insurance terminates or is amended to terminate the insurance of the spouse, domestic partner, or dependent child.

(d) Notwithstanding § 17–308 of this title, only one certificate must be issued for each family unit if a statement about a dependent’s coverage is included in the certificate.
Md. Code, Business Occupations and Professions § 17-202 — MD Code / Article gbo / Title 17 / Subtitle 2 / Section 17-202
§17–202.
Status: in_force

(a) (1) The Commission consists of 9 members.

(2) Of the 9 members of the Commission:

(i) 5 shall be licensed real estate brokers, licensed associate real estate brokers, or licensed real estate salespersons; and

(ii) 4 shall be consumer members.

(3) Of the 5 professional members:

(i) 1 shall be a resident of any county in the area that consists of Cecil, Caroline, Dorchester, Kent, Queen Anne’s, Somerset, Talbot, Wicomico, and Worcester counties;

(ii) 1 shall be a resident of any county in the area that consists of Baltimore, Carroll, Harford, and Howard counties;

(iii) 1 shall be a resident of Baltimore City;

(iv) 1 shall be a resident of any county in the area that consists of Anne Arundel, Calvert, Charles, Prince George’s, and St. Mary’s counties; and

(v) 1 shall be a resident of any county in the area that consists of Allegany, Frederick, Garrett, Montgomery, and Washington counties.

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

(b) Each member of the Commission shall be a citizen of the State.

(c) Each professional member of the Commission shall have been:

(1) a resident of any of the counties in the area from which the member is appointed for at least 5 years immediately before appointment; and

(2) a licensed real estate broker, a licensed associate real estate broker, or a licensed real estate salesperson for at least 10 years immediately before appointment.

(d) (1) Each consumer member of the Commission:

(i) shall be a member of the general public;

(ii) may not be a licensee or otherwise be subject to regulation by the Commission;

(iii) may not be required to meet the qualifications for the professional members of the Commission; and

(iv) may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Commission.

(2) While a member of the Commission, a consumer member may not:

(i) have a financial interest in or receive compensation from a person regulated by the Commission; or

(ii) grade any examination given by or for the Commission.

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

(f) (1) The term of a member is 4 years and begins on June 1.

(2) The terms of members are staggered as required by the terms provided for members of the Commission on October 1, 1989.

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

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

(g) (1) The Governor may remove a member for incompetence or misconduct.

(2) Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the Commission meetings held during any consecutive 12–month period while the member was serving on the Commission.

(3) The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.

(4) In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.
Md. Code, Commercial Law § 17-208 — MD Code / Article gcl / Title 17 / Subtitle 2 / Section 17-208
§17–208.
Status: in_force

The expiration of any limitations period set by statute or court order does not affect the right of this State to acquire possession of abandoned property in federal custody.
Md. Code, Commercial Law § 17-202 — MD Code / Article gcl / Title 17 / Subtitle 2 / Section 17-202
§17–202.
Status: in_force

(a) The Administrator shall endeavor to enter into an agreement with the federal government concerning abandoned property in federal custody.

(b) The agreement shall provide:

(1) Unless federal law provides otherwise, that tangible abandoned property in federal custody that was initially acquired in this State shall be delivered to the Administrator;

(2) That if the last known address of any owner of intangible abandoned property in federal custody is in this State:

(i) The situs of the abandoned property is in this State, and the abandoned property shall be delivered to the Administrator; and

(ii) That the address of any other owner of the abandoned property in federal custody is determined by federal law;

(3) For payment of the State’s proportionate share of costs incurred by the federal government in:

(i) Investigating records of abandoned property;

(ii) Reporting information about abandoned property to the Administrator; and

(iii) Delivering the abandoned property to the Administrator;

(4) The manner and times of payment, including a provision that payments may be made at stated times over a period of years;

(5) That this State indemnifies the federal government against any claim made as a result of the delivery of abandoned property to this State under the agreement; and

(6) That the Attorney General of this State shall intervene in any action or proceeding brought against the federal government as a result of action taken in accordance with the agreement.
Md. Code, Insurance § 17-104 — MD Code / Article gin / Title 17 / Subtitle 1 / Section 17-104
§17–104.
Status: in_force

(a) An insured under a policy of group life insurance, in accordance with an arrangement among the insured, the group policyholder, and the insurer, may assign to any person any or all of the rights and benefits conferred on the insured by the policy or by law, including:

(1) the right to have issued to the insured an individual policy of life insurance arising from conversion as set forth in §§ 17-309 through 17-311 of this title; and

(2) the right to name a beneficiary.

(b) An assignment made under this section, even if made before the effective date of this section:

(1) vests in the assignee all rights and benefits that are assigned; and

(2) entitles the insurer to deal with the assignee as the owner of all rights and benefits conferred on the insured under the policy:

(i) in accordance with the terms of the assignment; but

(ii) without prejudice to the insurer on account of a payment the insurer makes or an individual policy the insurer issues arising from conversion of the policy before receipt at the insurer’s home office of notice of the assignment.
Md. Code, Local Government § 17-205 — MD Code / Article glg / Title 17 / Subtitle 2 / Section 17-205
§17–205.
Status: in_force

(a) The governing authority of each governmental entity shall adopt by resolution a local investment policy that:

(1) meets the needs of the governmental entity; and

(2) is consistent with the local government investment guidelines adopted by the State Treasurer under § 17–204 of this subtitle.

(b) Promptly after the adoption of a local investment policy, the governmental entity shall mail a certified copy to the State Treasurer.

(c) If the State Treasurer determines that the local investment policy is not consistent with the local government investment guidelines adopted by the State Treasurer under § 17–204 of this subtitle:

(1) the State Treasurer shall notify the governmental entity; and

(2) the governing authority shall prepare and submit a revised local investment policy that is consistent with the local government investment guidelines.

(d) If the governing authority amends the governmental entity’s local investment policy, the governmental entity shall submit the new local investment policy to the State Treasurer in accordance with subsection (b) of this section.
Md. Code, Business Occupations and Professions § 17-607.1 — MD Code / Article gbo / Title 17 / Subtitle 6 / Section 17-607.1
§17–607.
Status: in_force

§17–607.1.

(a) In this section, “commercial real estate” has the meaning stated in § 17–524.1 of this title.

(b) Except as otherwise provided in subsection (c) of this section, in a real estate transaction involving commercial real estate, a real estate broker, a nonresident real estate broker, an associate real estate broker, a real estate salesperson, a nonresident real estate salesperson, or a lawyer acting as a real estate broker may not require a buyer, as a condition of settlement, to employ a particular:

(1) title insurance company;

(2) settlement company;

(3) escrow company; or

(4) title lawyer.

(c) A seller may not be prohibited from offering owner financing as a condition of settlement.
Md. Code, State Finance and Procurement § 17-601 — MD Code / Article gsf / Title 17 / Subtitle 6 / Section 17-601
§17–601.
Status: in_force

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

(b) “Apprenticeship training program” means an apprenticeship training program that is registered with, and approved by, the Apprenticeship and Training Council or the U.S. Department of Labor.

(c) “Covered craft” means a classification of workers listed in the prevailing wage determination applicable to the covered project.

(d) “Covered project” means a project for the construction of a public work, as defined under § 17–201 of this title, that is valued at $500,000 or more.

(e) “Department” means the Maryland Department of Labor.

(f) “Fund” means the State Apprenticeship Training Fund established under § 17–602 of this subtitle.

(g) “Participates in an apprenticeship training program” means that a contractor or subcontractor makes regular financial contributions for each covered craft to apprenticeship training programs for covered crafts during the term of the covered project that are at least equal to the hourly fringe benefit contribution rates required for apprenticeship training by the applicable prevailing wage determination for the project, as specified by the Secretary.

(h) “Secretary” means the Secretary of Labor.
Md. Code, Public Utilities § 17-609 — MD Code / Article gpu / Title 17 / Subtitle 6 / Section 17-609
§17–609.
Status: in_force

(a) The inspector general, or a staff member authorized by the inspector general, may administer oaths and take depositions and other testimony for the purpose of investigating fraud, waste, or abuse within the Commission.

(b) The inspector general may subpoena any person or evidence for the purpose of investigating fraud, waste, or abuse within the Commission.

(c) If a person fails to comply with a lawful order or subpoena issued under this section, on petition of the inspector general, a court of competent jurisdiction may compel:

(1) compliance with the order or subpoena; or

(2) testimony or the production of evidence.
Md. Code, Health Occupations § 17-6A-07 — MD Code / Article gho / Title 17 / Subtitle 6A / Section 17-6A-07
§17–6A–07.
Status: in_force

(a) From among its members, the Committee annually shall elect a chair and a vice chair.

(b) The Committee shall determine:

(1) The manner of election of officers; and

(2) The duties of each officer.
Md. Code, State Government § 17-106 — MD Code / Article gsg / Title 17 / Subtitle 1 / Section 17-106
§17–106.
Status: in_force

(a) A postmaster, a deputy of a postmaster, a United States marshal, or a deputy of a United States marshal may not hold any State office or exercise any function of any officer of the State.

(b) An individual who violates subsection (a) of this section is subject to a fine of $50 for each offense, to be recovered by an indictment in the circuit court for the county where the individual commits the offense.
Md. Code, Business Occupations and Professions § 17-531 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-531
§17–531.
Status: in_force

This Part III of this subtitle does not prohibit a licensee and a client from entering a brokerage agreement that imposes on a licensee duties and obligations in addition to the duties and obligations specified in § 17-532 of this subtitle.
Md. Code, Health Occupations § 17-406 — MD Code / Article gho / Title 17 / Subtitle 4 / Section 17-406
§17–406.
Status: in_force

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

(2) “Approved alcohol and drug supervisor” means:

(i) A certified professional counselor–alcohol and drug;

(ii) A licensed clinical alcohol and drug counselor; or

(iii) A health care provider licensed or certified under this article with documented expertise in alcohol and drug counseling, as approved by the Board.

(3) “Under the supervision of an approved alcohol and drug supervisor” means engaging in an ongoing process that includes direct, on–site, face–to–face, individual or group meetings with an approved alcohol and drug supervisor focused on quality of delivery of alcohol and drug counseling services and improvement of counseling skills for a minimum of 1 documented hour for each 40–hour workweek but not less than 2 documented hours per month for less than a 40–hour workweek.

(b) (1) An individual may practice clinical alcohol and drug counseling, including through telehealth, without a license for a limited period of time, as determined by the Board, if the individual is working as a trainee under the supervision of an approved alcohol and drug supervisor while fulfilling the experiential or course of study requirements under § 17–302 of this title or § 17–403 or § 17–404 of this subtitle.

(2) An individual may practice alcohol and drug counseling, including through telehealth, without certification for a limited period of time, as determined by the Board, if the individual is working as a trainee under the supervision of an approved alcohol and drug supervisor while fulfilling the experiential or course of study requirements under § 17–302 of this title or § 17–403 or § 17–404 of this subtitle.
Md. Code, Health Occupations § 17-6A-01 — MD Code / Article gho / Title 17 / Subtitle 6A / Section 17-6A-01
§17–6A–01.
Status: in_force

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

(b) “Committee” means the Behavior Analyst Advisory Committee established under § 17–6A–05 of this subtitle.

(c) “License” means a license issued by the Board to practice behavior analysis.

(d) “Licensed behavior analyst” means an individual who is licensed by the Board to practice behavior analysis.

(e) “Licensee” means a licensed behavior analyst.

(f) (1) “Practice of behavior analysis” means the design, implementation, and evaluation of systematic instructional and environmental modifications to produce socially significant improvements in human behavior.

(2) “Practice of behavior analysis” includes:

(i) The empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis; and

(ii) Interventions based on scientific research and the direct observation and measurement of behavior and environment.

(3) “Practice of behavior analysis” does not include psychological testing, diagnosis of a mental or physical disorder, neuropsychology, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, counseling, or any subdiscipline of psychology as treatment modalities.
Md. Code, Business Regulation § 17-1001 — MD Code / Article gbr / Title 17 / Subtitle 10 / Section 17-1001
§17–1001.
Status: in_force

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

(b) “Agent” means a person who buys or sells junk or scrap metal for a junk dealer or scrap metal processor.

(c) “Agent license” means a license issued by the clerk to act as an agent.

(d) “Antique dealer” means a person who does business buying and selling antiques.

(e) “Antiques” means objects made in, or typical of, an earlier period of time, that either have special value because of their age or are examples of works of art or handicrafts.

(f) (1) “Junk” or “scrap metal” includes:

(i) nonferrous articles made wholly or substantially of:

1. aluminum;

2. babbitt metal;

3. brass;

4. bronze;

5. light copper;

6. heavy copper;

7. lead;

8. low carbon chrome;

9. low carbon manganese;

10. molybdenum;

11. monel metal;

12. pewter;

13. nickel;

14. stainless steel;

15. tin;

16. vanadium;

17. zinc;

18. platinum;

19. gold;

20. rhodium; or

21. other nonferrous metals; and

(ii) the following used articles, made of either ferrous or nonferrous metal:

1. catalytic converters;

2. metal bleachers;

3. hard–drawn copper;

4. metal beer kegs;

5. cemetery urns;

6. grave markers;

7. propane tanks;

8. cell tower batteries; and

9. any other used articles owned by a public utility including:

A. guardrails;

B. manhole covers;

C. metal light poles;

D. tree grates;

E. water meters; and

F. street signs.

(2) “Junk” or “scrap metal” does not include beverage cans or food cans.

(g) (1) “Junk dealer” or “scrap metal processor” means a person who does business buying or selling junk or scrap metal.

(2) “Junk dealer” or “scrap metal processor” does not include a dealer or pawnbroker licensed under Title 12 of this article.

(h) “Junk dealer or scrap metal processor license” means a license issued by the clerk to do business as a junk dealer or scrap metal processor.

(i) “Nonresident junk dealer” means a junk dealer who is not a resident of the State.

(j) “Nonresident scrap metal processor” means a scrap metal processor who is not a resident of the State.

(k) “Primary law enforcement unit” means the Department of State Police, a police department, or sheriff, as designated by a resolution of the county or municipal governing body in the county in which the license of the junk dealer or scrap metal processor is held.

(l) “State junk license” includes:

(1) a junk dealer or scrap metal processor license; or

(2) an agent license.
Md. Code, Business Regulation § 17-203 — MD Code / Article gbr / Title 17 / Subtitle 2 / Section 17-203
§17–203.
Status: in_force

(a) This section does not apply to:

(1) a Calvert County peddler license or magazine seller license issued under Subtitle 9 of this title;

(2) a junk dealer or scrap metal processor license or agent license issued under Subtitle 10 of this title;

(3) a storage warehouse license issued under Subtitle 12 of this title;

(4) a promoter license issued under Subtitle 14 of this title; or

(5) a vending machine license issued under Subtitle 19 of this title.

(b) Except as provided in subsections (a) and (c) of this section or otherwise in this title, each clerk shall account for and distribute the license fees received for licenses issued under this title as follows:

(1) the clerk shall pay into the General Fund of the State:

(i) the percentage of license fees authorized under § 2–213 of the Courts Article; and

(ii) 3% of license fees to defray the expenses of the State License Bureau; and

(2) the clerk shall distribute the remaining license fees:

(i) to the municipal corporation where the licensed business or activity is located, if the licensed business or activity is located in a municipal corporation; or

(ii) to the county where the licensed business or activity is located, if the licensed business or activity is not located in a municipal corporation.

(c) A clerk shall account for and pay into the General Fund of the State the entire fee received for a trader’s license issued in a county or municipal corporation that selects a uniform license fee under § 17–1806 of this title.

(d) The clerk shall pay all issuance fees into the General Fund of the State.

(e) (1) For purposes of this subsection, per capita revenue shall be computed by using the population figures from the later of:

(i) the most recent federal census; or

(ii) an official local census.

(2) The clerk may not distribute license fees to a county or municipal corporation unless the county or municipal corporation:

(i) levies, in its current fiscal year, taxes sufficient to collect at least $1.00 per capita in revenue; and

(ii) certifies to the Comptroller a copy of the levy.

(3) The Comptroller shall notify the clerk if a county or municipality has not certified a copy of the levy as required under paragraph (2) of this subsection.

(4) The clerk shall pay into the General Fund of the State any money that is not distributed at the end of the fiscal year of a county or municipal corporation because the county or municipal corporation failed to make the levy and certification required by paragraph (2) of this subsection.
Md. Code, State Finance and Procurement § 17-205 — MD Code / Article gsf / Title 17 / Subtitle 2 / Section 17-205
§17–205.
Status: in_force

(a) A contractor or subcontractor under a public work contract subject to this subtitle:

(1) shall employ only competent workers and apprentices who qualify under subsection (b) of this section;

(2) may not employ any individual classified as a helper or trainee; and

(3) may refuse to employ a worker who is a resident of another state if the Commissioner finds that the other state enforces a law that prohibits a resident of this State from employment as a worker under a public work contract in that state, unless:

(i) the refusal is in conflict or otherwise inconsistent with a federal law applicable to the public work;

(ii) the federal government is to pay wholly or partly for the public work; and

(iii) the inconsistency with federal law jeopardizes the availability of federal funds for the public work.

(b) An apprentice under a public work contract shall be part of and used in accordance with an apprenticeship program registered with the Council and approved by the Office of Apprenticeship of the United States Department of Labor.
Md. Code, Business Regulation § 17-1804 — MD Code / Article gbr / Title 17 / Subtitle 18 / Section 17-1804
§17–1804.
Status: in_force

(a) An applicant for a trader’s license shall state in the application the place where the applicant will do business as a trader.

(b) (1) An applicant for a trader’s license may apply under this subsection if the applicant has a defect in vision such that:

(i) visual acuity in the applicant’s better eye does not exceed 20/140 with correcting lenses; or

(ii) the widest diameter of the applicant’s visual field subtends an angle not exceeding 20 degrees.

(2) An applicant for a trader’s license under this subsection shall submit to the clerk:

(i) a signed certificate, from a licensed physician who specializes in treatment of the eye, that the applicant’s vision meets the standard of paragraph (1) of this subsection; and

(ii) an affidavit that the applicant is the owner of the place of business listed in the application.

(3) Blind Industries also may apply for a trader’s license under this subsection for a business that it operates, if Blind Industries submits to the clerk an affidavit that:

(i) Blind Industries operates the business listed in the application; and

(ii) the manager of the business has vision that meets the standard of paragraph (1) of this subsection.
Md. Code, Transportation § 17-106 — MD Code / Article gtr / Title 17 / Subtitle 1 / Section 17-106
§17–106.
Status: reserved

(a) If the required security for any vehicle lapses at any time, the registration of that vehicle:

(1) Is suspended automatically as of the date of the lapse effective not later than 60 days after notification to the Administration that the lapse has occurred; and

(2) Remains suspended until:

(i) The required security is replaced and the vehicle owner submits evidence of replaced security on a form as prescribed by the Administration and certified by an insurer or insurance producer; and

(ii) Any uninsured motorist penalty fee assessed is paid to the Administration.

(b) (1) Except as provided in paragraph (2) of this subsection, each insurer or other provider of required security immediately shall notify the Administration electronically of those terminations or other lapses that are final.

(2) Each insurer or other provider of required security for a vehicle registered as a Class B (for hire) vehicle under Title 13 of this article shall notify the Administration within 45 days after a termination or other lapse that is final and occurs anytime after the required security is issued or provided.

(c) On receipt of a notice under subsection (b) of this section, the Administration shall:

(1) Make a reasonable effort to notify the owner of the vehicle that his registration has been suspended; and

(2) Provide electronically the information contained in the notice of the suspension to the Uninsured Division of the Maryland Automobile Insurance Fund.

(d) (1) Within 48 hours after an owner is notified by the Administration of the suspension of registration, the owner shall surrender all evidences of that registration to the Administration.

(2) If the owner fails to surrender the evidences of registration within the 48–hour period, the Administration:

(i) Shall attempt to recover from the owner the evidences of registration; and

(ii) May suspend his license to drive until he returns to the Motor Vehicle Administration the evidences of registration.

(3) The Administration may enter into contracts with private parties to procure the services of independent agents to assist in the recovery of the evidences of registration as authorized in paragraph (2) of this subsection.

(e) (1) (i) 1. Except as provided in subparagraphs (iv) and (v) of this paragraph, in addition to any other penalty provided for in the Maryland Vehicle Law, if the required security for a vehicle terminates or otherwise lapses during its registration year, the Administration may assess the owner of the vehicle with a penalty of $200 for each vehicle without the required security for a period of 1 to 30 days.

2. If a fine is assessed, beginning on the 31st day the fine shall increase by a rate of $7 for each day.

(ii) Each period during which the required security for a vehicle terminates or otherwise lapses shall constitute a separate violation.

(iii) The penalty imposed under this subsection may not exceed $3,500 for each violation in a 12–month period.

(iv) The Administration may not assess a penalty under this subsection if:

1. The registration plates of the vehicle are returned to the Administration within 10 days after the termination or lapse of the required security, as shown by the records of the Administration; and

2. A. The certificate of title for the vehicle has been transferred to a new owner;

B. The registered owner has moved out–of–state and the registration plates are returned by mail;

C. A salvage certificate has been issued for the vehicle; or

D. A licensed dealer has taken possession of the vehicle with an obligation to return the registration plates.

(v) Before the Administration may assess a penalty under this subsection, the Administration shall first verify that the registration plates for the vehicle were not returned to the Administration within 10 days after the termination or lapse of the required security.

(2) (i) Except as provided under paragraph (3) of this subsection, a penalty assessed under this subsection shall be paid as follows:

1. 70% to be allocated as provided in subparagraph (ii) of this paragraph; and

2. 30% to the Administration, which may be used by the Administration, subject to subsection (f) of this section, to provide funding for contracts with independent agents to assist in the recovery of evidences of registration as authorized in subsection (d)(3) of this section.

(ii) For each fiscal year beginning on or after July 1, 2014, the percentage of the penalties specified under subparagraph (i)1 of this paragraph shall be allocated among the Safe Schools Fund, the Vehicle Theft Prevention Fund, the Maryland Automobile Insurance Fund, the Driver Education in Public High Schools Fund, the State–Aided Institutions Field Trip Fund, and the General Fund as follows:

1. $600,000 to the Safe Schools Fund;

2. $2,000,000 to the Vehicle Theft Prevention Fund;

3. The amounts specified under subparagraph (iii) of this paragraph to the Maryland Automobile Insurance Fund;

4. $2,000,000 to the Driver Education in Public High Schools Fund;

5. $600,000 to the State–Aided Institutions Field Trip Fund; and

6. The balance to the General Fund.

(iii) 1. Except for fiscal year 2024 and except as provided under subsubparagraph 3 of this subparagraph, the amount distributed to the Maryland Automobile Insurance Fund under subparagraph (ii)3 of this paragraph shall equal the amount distributed to the Maryland Automobile Insurance Fund in the prior fiscal year under the provisions of this paragraph adjusted by the change for the calendar year preceding the fiscal year in the Consumer Price Index – All Urban Consumers – Medical Care as published by the United States Bureau of Labor Statistics.

2. For fiscal year 2024, the amount distributed to the Maryland Automobile Insurance Fund under subparagraph (ii)3 of this paragraph shall equal the amount distributed to the Maryland Automobile Insurance Fund in the prior fiscal year under the provisions of this paragraph adjusted by the change for the calendar year preceding the fiscal year in the Consumer Price Index – All Urban Consumers – Medical Care as published by the United States Bureau of Labor Statistics plus an additional $2,000,000.

3. For fiscal year 2025, the amount distributed to the Maryland Automobile Insurance Fund under subparagraph (ii)3 of this paragraph shall equal the amount distributed to the Maryland Automobile Insurance Fund calculated in accordance with subsubparagraph 1 of this subparagraph:

A. Plus an additional $3,000,000 dedicated to the exclusive use of the Uninsured Division, which shall become part of the base amount used to calculate the amount distributed under subsubparagraph 1 of this subparagraph in subsequent fiscal years; but

B. Excluding the $2,000,000 distributed to the Fund in fiscal year 2024.

(3) Beginning July 1, 2018, any uninsured motorist penalties the Administration receives under the Program to Incentivize and Enable Uninsured Vehicle Owners to Be Insured established under § 20–612 of the Insurance Article shall be paid to the Uninsured Division of the Maryland Automobile Insurance Fund.

(4) If the Administration assesses a vehicle owner, co–owner, or lessee with a penalty under this subsection, the Administration may not take any of the following actions until the penalty is paid:

(i) Reinstate a registration suspended under this subsection;

(ii) Except for a temporary registration as provided under § 13–602(a)(2) of this article, issue a new registration for any vehicle that is owned, co–owned, or leased by that person and is titled after the violation date; or

(iii) Renew a registration for a vehicle that is owned, co–owned, or leased by that person.

(5) (i) In this paragraph, “family member” means any individual whose relationship to the vehicle owner is one of those listed under § 13–810(c)(1) of this article as being exempt from paying the excise tax imposed on the transfer of a vehicle.

(ii) The monetary penalties provided in this subsection may not be avoided by transferring title to the vehicle.

(iii) Except as provided in paragraph (1)(iv) and (v) of this subsection, regardless of whether money or other valuable consideration is involved in the transfer, if title to a vehicle is transferred by an individual who has violated this subtitle to a family member, any suspension of the vehicle’s registration that occurred before the transfer shall continue as if no transfer had occurred and a new registration may not be issued until the penalty fee is paid.

(6) An amount equal to the monetary penalties paid to the Administration under paragraph (2) of this subsection may be used by the Administration only for the enforcement of this subtitle.

(f) From the amount distributed to the Administration under subsection (e)(2)(i)2 of this section, expenditures to fund contracts entered into under subsection (d)(3) of this section:

(1) May not exceed $1,000,000 in any fiscal year; and

(2) May be made only:

(i) Pursuant to an appropriation approved by the General Assembly in the annual State budget; or

(ii) Through the budget amendment procedure provided for in § 7–209 of the State Finance and Procurement Article, provided that:

1. The budget amendment and supporting information have been submitted to the budget committees for review and comment; and

2. At least 45 days have elapsed from the time the budget amendment and supporting information were submitted to the budget committees.
Md. Code, Commercial Law § 17-315 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-315
§17–315.
Status: in_force

The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or recovery of property, may not:

(1) Prevent the money or property from being presumed abandoned property; or

(2) Affect any duty to file a report required by this subtitle or to pay or deliver abandoned property to the Administrator.
Md. Code, Insurance § 17-204 — MD Code / Article gin / Title 17 / Subtitle 2 / Section 17-204
§17–204.
Status: in_force

(a) (1) Subject to the requirements of this section, a policy may be issued to an association or to a trust or to the trustees of a fund established, created, or maintained for the benefit of members of one or more associations.

(2) The association or associations:

(i) shall have at the outset a minimum of 100 persons;

(ii) shall have been organized and maintained in good faith for purposes other than that of obtaining insurance;

(iii) shall have been in active existence for at least 2 years; and

(iv) shall have a constitution and bylaws that provide that:

1. the association or associations hold regular meetings not less than annually to further purposes of the members;

2. except for credit unions, the association or associations collect dues or solicit contributions from members; and

3. the members have voting privileges and representation on the governing board and committees.

(b) The policy may insure members of the association or associations, employees of the association or associations, or employees of members, or one or more of the preceding or all of any class or classes of members or employees for the benefit of persons other than the employee’s employer.

(c) (1) The premium for the policy shall be paid from funds contributed by the association or associations, or by employer members, or by both, or from funds contributed by the covered persons or from both the covered persons and the association, associations, or employer members.

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

(3) An insurer may exclude or limit the coverage on any person as to whom evidence of individual insurability is not satisfactory to the insurer.
Md. Code, Business Occupations and Professions § 17-527.3 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-527.3
§17–527.
Status: in_force

§17–527.3.

(a) A licensed real estate salesperson, licensed real estate broker, or licensed associate real estate broker may provide real estate brokerage services under a designated name that has been approved by the Commission.

(b) Subject to the approval of the Commission, a licensed real estate salesperson, licensed real estate broker, or licensed associate real estate broker may add a designated name on a license certificate and pocket card if the licensee submits to the Commission:

(1) an application on the form that the Commission provides;

(2) the license certificate and pocket card of the licensee;

(3) any documentation about the designated name that the Commission requires; and

(4) a fee of $5.

(c) The full legal name of the licensee and the approved designated name shall be displayed on the new license certificate and pocket card.
Md. Code, Health - General § 17-206 — MD Code / Article ghg / Title 17 / Subtitle 2 / Section 17-206
§17–206.
Status: in_force

To qualify for a license, an applicant shall provide evidence to satisfy the Secretary that the medical laboratory and its personnel meet the standards and requirements of the subtitle and in regulations adopted by the Secretary pursuant to this subtitle.
Md. Code, Business Occupations and Professions § 17-534 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-534
§17–534.
Status: in_force

(a) A brokerage relationship commences at the time that a client enters into a brokerage agreement and shall continue until:

(1) the completion of performance in accordance with the brokerage agreement; or

(2) the earlier of:

(i) any date of expiration as agreed on by the parties in the brokerage agreement or in any amendments to the brokerage agreement;

(ii) any mutually agreed on termination of the brokerage relationship;

(iii) a default by any party under the terms of the brokerage agreement; or

(iv) a termination under § 17–530 of this subtitle.

(b) The brokerage agreement between a broker and a seller or lessor shall:

(1) have a definite termination date that is effective automatically without notice from the client;

(2) state the amount of compensation to be paid to the broker;

(3) state whether the broker is authorized to cooperate with other brokers and share compensation with the other brokers and the amount of the compensation described as a percentage of the purchase price, a specific dollar amount, or a combination of both;

(4) explain the events or conditions that will entitle the broker to a commission or other compensation; and

(5) contain a provision for the cancellation of the brokerage relationship by either the client or the broker or by mutual agreement of the client and the broker.

(c) The brokerage agreement between a broker and a buyer or lessee shall:

(1) have a definite termination date that is effective automatically without notice from the client;

(2) state the amount of compensation to be paid to the broker, described as a percentage of the purchase price, a specific dollar amount, or a combination of both;

(3) state whether the broker is authorized to receive some or all of the compensation to be paid to the broker from a person other than the client;

(4) state the client’s rights and obligations regarding the compensation to be paid to the broker if the broker is authorized to receive some or all of the compensation to be paid to the broker from a person other than the client;

(5) explain the events that must occur or conditions that must be met in order for the broker to be entitled to a commission or other compensation; and

(6) contain a provision for the cancellation of the brokerage relationship by either the client or the broker or by mutual agreement of the client and the broker.

(d) Except as otherwise provided in the brokerage agreement, a licensee shall have no further duties or obligations to a client after the termination, expiration, or completion of performance of the brokerage relationship, except to:

(1) account for all trust money in the licensee’s possession in accordance with this title; and

(2) except as otherwise provided by this title or another law, keep confidential all personal and financial information received from the client during the course of the brokerage relationship and any other information that the client requests during the brokerage relationship to be kept confidential, unless:

(i) the client consents in writing to the disclosure of the information; or

(ii) the information becomes public from a source other than the licensee.

(e) The payment or promise of payment of compensation to a licensed real estate broker by a seller, lessor, buyer, or lessee, or by a licensee acting for a seller, lessor, buyer, or lessee:

(1) is not determinative of whether a brokerage relationship has been created or exists; and

(2) does not create or determine the existence of a brokerage relationship between a broker and a seller, lessor, buyer, lessee, or licensee.
Md. Code, Alcoholic Beverages and Cannabis § 17-902 — MD Code / Article gab / Title 17 / Subtitle 9 / Section 17-902
§17–902.
Status: in_force

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

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

(c) The annual license fee is $750.
Md. Code, Health Occupations § 17-602 — MD Code / Article gho / Title 17 / Subtitle 6 / Section 17-602
§17–602.
Status: in_force

Except as otherwise provided in this title, unless an individual has been approved by the Board to practice as a licensed graduate alcohol and drug counselor, a licensed graduate professional counselor, a licensed graduate marriage and family therapist, or a licensed graduate professional art therapist the individual may not:

(1) Use the title “licensed graduate alcohol and drug counselor”, “licensed graduate professional counselor”, “licensed graduate marriage and family therapist”, or “licensed graduate professional art therapist”;

(2) Use the initials “L.G.A.D.C.”, “L.G.P.C.”, “L.G.M.F.T.”, or “L.G.P.A.T.” after the name of the individual;

(3) Represent to the public that the individual is approved by the Board to practice alcohol and drug counseling, professional counseling, marriage and family therapy, or professional art therapy; or

(4) Use any title, abbreviation, sign, card, or other representation that the individual is a licensed graduate alcohol and drug counselor, a licensed graduate professional counselor, a licensed graduate marriage and family therapist, or a licensed graduate professional art therapist.
Md. Code, State Finance and Procurement § 17-503 — MD Code / Article gsf / Title 17 / Subtitle 5 / Section 17-503
§17–503.
Status: in_force

(a) In this section, “restricted individual” has the meaning stated in § 5–501.1 of the General Provisions Article.

(b) The Department of General Services shall include with each notice of a procurement published on eMaryland Marketplace on or after October 1, 2025, a check–off box to indicate an ownership interest by the Governor or a restricted individual in the bidder or offeror as reported under § 5–501.1 of the General Provisions Article.
Md. Code, Business Regulation § 17-803 — MD Code / Article gbr / Title 17 / Subtitle 8 / Section 17-803
§17–803.
Status: in_force

(a) (1) An applicant for a garage license shall pay to the clerk a license fee based on the floor area of each garage.

(2) In a county other than Baltimore City or Baltimore County, the license fee is:

(i) $20 for a garage with not more than 2,000 square feet;

(ii) $40 for a garage with more than 2,000 and not more than 3,000 square feet;

(iii) $75 for a garage with more than 3,000 and not more than 5,000 square feet;

(iv) $125 for a garage with more than 5,000 and not more than 7,500 square feet;

(v) $200 for a garage with more than 7,500 and not more than 10,000 square feet; or

(vi) $200 for a garage with more than 10,000 square feet plus $50 for each additional 5,000 square feet or part of 5,000 square feet.

(3) In Baltimore City or Baltimore County, the license fee is $6 for each 100 square feet of each garage.

(b) The floor area on which the license fee is based is the total floor area of all floors of the garage, excluding:

(1) the space occupied by a machine shop that is defined by permanent partitions; and

(2) the floor area of a space 15 feet wide and extending the entire length or depth of the garage on each floor on which a law requires that a space be kept open.
Md. Code, Business Occupations and Professions § 17-3A-07 — MD Code / Article gbo / Title 17 / Subtitle 3A / Section 17-3A-07
§17–3A–07.
Status: in_force

(a) Subject to subsection (b) of this section, if the Commission determines that another state does not offer reciprocal licensure opportunities to a licensee of this State that are substantially comparable to those afforded to licensees of that other state by this subtitle, the Commission shall require that reciprocal license applicants from that other state meet education, experience, and examination requirements substantially comparable to those required by that state with respect to licensees of this State who seek a reciprocal license in that other state.

(b) Any requirements imposed under subsection (a) of this section may not exceed the requirements imposed on residents of this State for obtaining a standard license.
Md. Code, Health Occupations § 17-701 — MD Code / Article gho / Title 17 / Subtitle 7 / Section 17-701
§17–701.
Status: in_force

This title may be cited as the “Maryland Professional Counselors and Therapists Act”.
Md. Code, Alcoholic Beverages and Cannabis § 17-805 — MD Code / Article gab / Title 17 / Subtitle 8 / Section 17-805
§17–805.
Status: in_force

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

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

(c) The license may not be issued for use by a drugstore.

(d) The annual license fee is $225.
Md. Code, Public Utilities § 17-404 — MD Code / Article gpu / Title 17 / Subtitle 4 / Section 17-404
§17–404.
Status: in_force

(a) The Commission may:

(1) adopt regulations for the installation of fuel gas piping, appliances, appurtenances, and connections from the point of service supplying any premises in the sanitary district; and

(2) require a permit and charge a fee for the installation of fuel gas piping, appliances, appurtenances, and connections.

(b) The Commission shall publish a notice of any new regulation that is authorized by this section at least 30 days before its effective date in at least two newspapers of general circulation in each county of the sanitary district.

(c) A person may not violate a regulation adopted under this section.
Md. Code, Education § 17-301 — MD Code / Article ged / Title 17 / Subtitle 3 / Section 17-301
§17–301.
Status: in_force

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

(b) “Base year” means July 1, 1997 through June 30, 1998.

(c) “Eligible institution” means:

(1) Each public senior higher education institution identified in § 10–101(m) or § 12–101(b)(3) of this article or its affiliated foundation; and

(2) The following community college campuses or their affiliated foundations:

(i) Allegany;

(ii) Anne Arundel;

(iii) Baltimore City;

(iv) Calvert;

(v) Carroll;

(vi) Catonsville;

(vii) Cecil;

(viii) Charles;

(ix) Chesapeake;

(x) Dundalk;

(xi) Essex;

(xii) Frederick;

(xiii) Garrett;

(xiv) Germantown;

(xv) Hagerstown;

(xvi) Harford;

(xvii) Howard;

(xviii) Prince George’s;

(xix) Rockville;

(xx) St. Mary’s;

(xxi) Takoma Park; and

(xxii) Wor–Wic.

(d) (1) “Eligible private donor” means an individual, corporation, partnership, or other form of business organization, public or private foundation, or other nonprofit organization.

(2) “Eligible private donor” does not include the State, a subdivision of the State, the federal government, or a foreign government.

(e) “Eligible program” means an endowment for an academic purpose that does not contain unreasonable restrictions as to use as further defined by the Maryland Higher Education Commission.

(f) “Endowment” means a donation or gift that has been provided under the condition that the principal remain intact and be invested in perpetuity for the purpose of producing income.
Md. Code, State Finance and Procurement § 17-105 — MD Code / Article gsf / Title 17 / Subtitle 1 / Section 17-105
§17–105.
Status: in_force

(a) Security under this subtitle:

(1) if required by the State or a unit of the State government, shall be payable to “the State of Maryland”; or

(2) if required by any other public body, shall be payable to that public body.

(b) The form of payment security or performance security shall be approved:

(1) for the State or a unit of the State government, by the Attorney General; and

(2) for any other public body, by its attorney.

(c) The contractor shall file the security or evidence of a trust account established as security:

(1) if payable to the State under this section, in the Office of the Comptroller; or

(2) if payable to any other public body, in the appropriate office of that public body.
Md. Code, Business Regulation § 17-2106 — MD Code / Article gbr / Title 17 / Subtitle 21 / Section 17-2106
§17–2106.
Status: in_force

(a) Except as otherwise specifically provided in this title, a person who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $300 or imprisonment not exceeding 30 days.

(b) Each agent or officer of a corporation convicted of violating this subtitle who actually engaged in the unlicensed business is individually subject to the penalties provided by law.

(c) The penalty provided in this section does not affect any other penalty specifically provided by law for a violation of a license law.
Md. Code, Local Government § 17-208 — MD Code / Article glg / Title 17 / Subtitle 2 / Section 17-208
§17–208.
Status: in_force

(a) The State Treasurer shall contact the governmental entity to seek compliance if a governmental entity does not maintain a local investment policy or local debt policy as required by this subtitle.

(b) On request of the State Treasurer, a financial officer shall provide to the State Treasurer, in the format and time frame requested:

(1) a report of the investment portfolio of the governmental entity; or

(2) a report of the debt portfolio of the governmental entity in the format required under § 16–103 of this article.

(c) If, after being contacted by the State Treasurer, a governmental entity does not comply with this section, the State Treasurer shall notify the Joint Committee on the Management of Public Funds in writing.

(d) The Joint Committee on the Management of Public Funds may request the Attorney General to seek judicial enforcement of this subtitle against the governmental entity.
Md. Code, Business Occupations and Professions § 17-402 — MD Code / Article gbo / Title 17 / Subtitle 4 / Section 17-402
§17–402.
Status: in_force

(a) The Commission shall:

(1) establish a Real Estate Guaranty Fund; and

(2) maintain the Guaranty Fund at a level of at least $250,000.

(b) (1) The Commission shall deposit all money collected to the credit of the Guaranty Fund with the State Treasurer for placement into a special account.

(2) (i) The State Treasurer may invest or reinvest money in the Guaranty Fund in the same manner as money in the State Retirement and Pension System.

(ii) The investment earnings shall be:

1. credited to the Guaranty Fund; and

2. available for the same purposes as the money deposited into the Guaranty Fund.

(c) The Commission may adopt regulations for the administration of a Guaranty Fund.
Md. Code, Alcoholic Beverages and Cannabis § 17-2301 — MD Code / Article gab / Title 17 / Subtitle 23 / Section 17-2301
§17–2301.
Status: in_force

Title 4, Subtitle 8 (“Death of License Holder”) of Division I of this article applies in the county without exception or variation.
Md. Code, Business Occupations and Professions § 17-326 — MD Code / Article gbo / Title 17 / Subtitle 3 / Section 17-326
§17–326.
Status: in_force

(a) Except as otherwise provided in this subtitle, the Commission may refer to a hearing board for a hearing:

(1) a complaint or claim that has been submitted to the Commission; and

(2) any matter for which a hearing may be required under § 17-327 or § 17-328 of this subtitle.

(b) The hearing board may exercise the same powers and shall conduct a hearing in accordance with the same procedures applicable to the Commission under § 17-324 of this subtitle.

(c) (1) The hearing board shall determine if there is a reasonable basis to believe that there are grounds for disciplinary action under § 17-322 of this subtitle against an applicant or licensee.

(2) (i) If the hearing board finds a reasonable basis as provided under paragraph (1) of this subsection, the hearing board shall:

1. hold a hearing on the matter; and

2. file its finding with the Commission.

(ii) If the hearing board does not find a reasonable basis as provided under paragraph (1) of this subsection, the hearing board shall dismiss the complaint.

(3) A hearing board shall advise the Commission specifically of any action brought against a licensee as a result of monetary loss, misappropriation of money, or fraud.

(d) The decision of the hearing board shall be considered as the final decision of the Commission and any party aggrieved by the decision may take a judicial appeal as provided in § 17-329 of this subtitle.
Md. Code, Health - General § 17-311 — MD Code / Article ghg / Title 17 / Subtitle 3 / Section 17-311
§17–311.
Status: in_force

(a) The Secretary may deny a permit to any applicant or suspend or revoke a permit or the authority to offer or perform any class of service that the permit sets forth, if the tissue bank or its director fails to meet the requirements that the Secretary adopts under this subtitle.

(b) Except as otherwise provided in the Administrative Procedure Act, before the Secretary takes any action under this section, the Secretary shall give the applicant or permit holder notice and an opportunity for a hearing.
Md. Code, Alcoholic Beverages and Cannabis § 17-2802 — MD Code / Article gab / Title 17 / Subtitle 28 / Section 17-2802
§17–2802.
Status: in_force

(a) The Board may impose a fine not exceeding $1,000 or suspend a license for a violation of this title.

(b) Fines collected under this section shall be paid into the general fund of the county.

(c) If a period of at least 5 years has elapsed since a violation of this title, a subsequent violation shall be considered a first offense.
Md. Code, Alcoholic Beverages and Cannabis § 17-601 — MD Code / Article gab / Title 17 / Subtitle 6 / Section 17-601
§17–601.
Status: in_force

(a) There is a Class A beer license.

(b) (1) The license authorizes the license holder to sell beer at retail to consumers at the place described in the license.

(2) The license holder shall sell the beer in a sealed package or container.

(3) The package or container may not be opened and its contents may not be consumed on the premises where the beer was sold.

(c) The annual license fee is $60.
Md. Code, Estates and Trusts § 17-110 — MD Code / Article get / Title 17 / Subtitle 1 / Section 17-110
§17–110.
Status: in_force

(a) Except as provided in subsection (e) of this section, a power of attorney executed on or after October 1, 2010, shall be:

(1) In writing;

(2) Signed by the principal or by some other person for the principal, in the physical presence of the principal, and at the express direction of the principal;

(3) Acknowledged by the principal in the physical or electronic presence of a notary public; and

(4) Attested and signed by two or more adult witnesses who sign in:

(i) The physical presence of the principal and each other; or

(ii) The electronic presence of the principal and each other or any combination of physical or electronic presence.

(b) The notary public before whom the principal acknowledges the power of attorney may also serve as one of the two or more adult witnesses and may use communication technology under § 18–214 of the State Government Article for that purpose.

(c) Except for an electronic power of attorney used in connection with a real estate transaction, an electronic power of attorney or a remotely witnessed power of attorney executed under this subsection shall satisfy the following additional requirements:

(1) At the time the principal and witnesses sign the power of attorney, the principal and all witnesses shall be in the physical presence or electronic presence of one another and a supervising attorney, who may be one of the witnesses;

(2) At the time the principal signs the power of attorney, the principal shall be a resident of, or physically located in, the State;

(3) Each witness who is in the electronic presence of the principal when the witness attests and signs the power of attorney, or provides an electronic signature on the power of attorney, shall be a resident of the United States and physically located in the United States at the time the witness attests and signs the power of attorney;

(4) The principal and witnesses shall sign the same power of attorney or any counterpart thereof; and

(5) The supervising attorney shall create a certified power of attorney that shall include:

(i) A true, complete, and accurate paper version of all pages of the power of attorney, including the original signatures and electronic signatures of the principal and all witnesses; and

(ii) A signed original paper certification by the supervising attorney stating the date that the supervising attorney observed the principal and witnesses sign the power of attorney and that the supervising attorney took reasonable steps to verify:

1. That the certified power of attorney includes a true, complete, and accurate paper version of all pages of the power of attorney;

2. That the signatures contained in the certified power of attorney are the original signatures of each party signing the same paper power of attorney, or any counterpart thereof, and the electronic signatures of each party signing the same electronic power of attorney, or any counterpart thereof;

3. That the principal and each of the witnesses signed the same power of attorney or any counterparts thereof;

4. The identity of the principal, and that the principal was a resident of, or was physically located in, the State at the time the principal signed the power of attorney; and

5. The identity of each witness, and that each witness who was not in the physical presence of the principal when the witness attested and signed the power of attorney, or provided an electronic signature on the power of attorney, was a resident of the United States and physically located in the United States at the time the witness attested and signed the power of attorney.

(d) (1) Once the supervising attorney creates a certified power of attorney if required under subsection (c) of this section, the certified power of attorney shall be deemed to be the original power of attorney of the principal for all purposes under this article.

(2) The date of execution for the power of attorney described under paragraph (1) of this subsection shall be the date of execution as stated in the certified power of attorney.

(e) (1) A power of attorney executed in conformance with the provisions of Executive Order 20.04.10.01, authorizing remote witnessing and electronic signing of certain documents, shall be deemed to have been signed and witnessed in conformity with this section if the power of attorney was signed and witnessed during the time that the executive order was in effect.

(2) The notarization of a power of attorney in conformance with the provisions of Executive Order 20.03.30.04, authorizing remote notarizations, shall be deemed to have been signed and witnessed in conformity with this section if the power of attorney was signed and witnessed during the time that the executive order was in effect and the notary public acting under the order may have served as one of the witnesses.
Md. Code, Health - General § 17-101 — MD Code / Article ghg / Title 17 / Subtitle 1 / Section 17-101
§17–101.
Status: in_force

The Secretary shall determine the number and location of public health laboratories and maintain those laboratories as needed to provide testing, consulting, and regulatory support of infectious disease, epidemiology, environmental, and regulatory public health programs.
Md. Code, Commercial Law § 17-303 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-303
§17–303.
Status: in_force

The following funds held by any utility are presumed abandoned:

(1) Any deposit made by a subscriber with a utility to secure payment for, or any sum paid in advance for, utility services to be furnished in the State, less any lawful deduction, that has remained unclaimed by the person who appears on the records of the utility as entitled to it for more than 3 years after the termination of the services for which the deposit or advance payment was made;

(2) Any sum which a utility has been ordered to refund and which was received for utility services rendered in the State, together with any interest on it, less any lawful deduction, that has remained unclaimed by the person appearing on the records of the utility as entitled to it for more than 3 years after the date it became payable in accordance with the final determination or order providing for the refund; and

(3) Any sum paid to a utility for a utility service, which service has not been rendered within 3 years of the payment.
Md. Code, Business Occupations and Professions § 17-607 — MD Code / Article gbo / Title 17 / Subtitle 6 / Section 17-607
§17–607.
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, in a real estate transaction involving a single-family dwelling, a real estate broker, an associate real estate broker, a real estate salesperson, or a lawyer acting as a real estate broker may not require a buyer, as a condition of settlement, to employ a particular:

(1) title insurance company;

(2) settlement company;

(3) escrow company;

(4) mortgage lender, or financial institution as defined in the Financial Institutions Article; or

(5) title lawyer.

(b) A seller may not be prohibited from offering owner financing as a condition of settlement.
Md. Code, Business Occupations and Professions § 17-521 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-521
§17–521.
Status: in_force

(a) If a person tenders a check to the Commission in payment of a fee and the check is dishonored, the person shall pay to the Commission an additional fee for cost of collection of $35 for each dishonored check.

(b) If a person is charged an additional fee under this section by the Commission, the original fee may not be considered paid until both the original fee and the additional fee are paid in full.
Md. Code, Estates and Trusts § 17-106 — MD Code / Article get / Title 17 / Subtitle 1 / Section 17-106
§17–106.
Status: in_force

(a) (1) The death, disability, or incompetence of a principal who has executed a power of attorney in writing does not revoke or terminate the agency as to the attorney in fact, agent, or other person who, without actual knowledge of the death, disability, or incompetence of the principal, acts in good faith under the power of attorney or agency.

(2) Unless otherwise invalid or unenforceable, any action taken by the attorney in fact, agent, or other person who acts in good faith under the power of attorney or agency binds the principal and the principal’s heirs, legatees, and personal representatives.

(b) (1) In the absence of fraud, an affidavit executed by the attorney in fact or agent and stating that the attorney in fact or agent did not have, at the time of doing an act in accordance with the power of attorney, actual knowledge of the revocation or termination of the power of attorney by death, disability, or incompetence, is conclusive proof of the nonrevocation or nontermination of the power at that time.

(2) If the exercise of the power requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable.

(c) This section may not be construed to alter or affect any provision for revocation or termination contained in the power of attorney.
Md. Code, State Government § 17-107 — MD Code / Article gsg / Title 17 / Subtitle 1 / Section 17-107
§17–107.
Status: in_force

(a) A sheriff, constable, or collector of taxes may not, while in office, purchase any debt or claim held by or due from any individual who resides in the county where the sheriff, constable, or collector of taxes holds office.

(b) An individual who violates subsection (a) of this section is subject to a fine of $50 for each offense.
Md. Code, Business Regulation § 17-102 — MD Code / Article gbr / Title 17 / Subtitle 1 / Section 17-102
§17–102.
Status: in_force

(a) This title applies to a person who is engaged in a for–profit business.

(b) This title does not apply to:

(1) a person who is engaged in a not–for–profit business or a business exempt from taxation under the federal Internal Revenue Code; or

(2) a governmental unit.
Md. Code, Alcoholic Beverages and Cannabis § 17-1102 — MD Code / Article gab / Title 17 / Subtitle 11 / Section 17-1102
§17–1102.
Status: in_force

(a) The Board may issue a refillable container permit for draft beer to a holder of a Class A license or a Class B license.

(b) An applicant for the permit shall complete the form that the Board provides.

(c) The hours of sale for the permit begin and end at the same time as those for the underlying license.

(d) Receipts collected under the permit are to be included in the calculation of average daily receipts from the sale of alcoholic beverages under § 17–2001 of this title.

(e) The Board shall adopt regulations to carry out this section.

(f) The annual permit fee is $50.
Md. Code, State Finance and Procurement § 17-6A-01 — MD Code / Article gsf / Title 17 / Subtitle 6A / Section 17-6A-01
§17–6A–01.
Status: in_force

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

(b) “Construction” includes:

(1) building;

(2) reconstructing;

(3) improving;

(4) enlarging;

(5) painting and decorating;

(6) altering;

(7) maintaining; and

(8) repairing.

(c) (1) “Covered contract” means a contract:

(i) for a capital construction project funded with at least $1,000,000 of funds in the State capital budget;

(ii) entered into by the recipient of the funding in the State capital budget and a contractor, or the contractor and a subcontractor; and

(iii) for an amount of $500,000 or more.

(2) “Covered contract” does not include a contract for a covered project as defined in § 17–601(d) of this title.

(d) “Department” means the Maryland Department of Labor.

(e) “Fund” means the State Apprenticeship Training Fund established under § 17–602 of this title.

(f) “Registered apprenticeship program” means an apprenticeship program that is registered with, and approved by, the Department or the United States Department of Labor.

(g) “Secretary” means the Secretary of Labor.
Md. Code, Land Use § 17-104 — MD Code / Article glu / Title 17 / Subtitle 1 / Section 17-104
§17–104.
Status: reserved

(a) Title to lands acquired under § 1(a) of the Capper–Cramton Act, Public Law 71–284, 46 Stat. 482, shall vest in the United States, as provided in that act.

(b) Except as provided in subsection (c) of this section, without the approval of the General Assembly:

(1) title to any other property acquired may not be placed in or granted to the United States or any person or political subdivision other than the metropolitan district itself or the State; and

(2) the control, maintenance, operation, or policing of any other park, forest, road, or other public way, ground, or space in the metropolitan district may not be placed in or granted to the United States or to any other person or political subdivision other than the Commission itself.

(c) In Prince George’s County, the title, control, maintenance, or operation of property acquired in the Prince George’s County portion of the metropolitan district may be transferred by county local law to:

(1) the redevelopment authority of Prince George’s County; or

(2) the revenue authority of Prince George’s County.
Md. Code, Business Occupations and Professions § 17-513 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-513
§17–513.
Status: in_force

An individual licensed by this State may divide a fee that is earned on a real estate transaction in this State with an individual licensed to provide real estate brokerage services in another state if the other state allows a fee that is earned on a real estate transaction in that state to be divided with an individual licensed by this State.
Md. Code, Estates and Trusts § 17-115 — MD Code / Article get / Title 17 / Subtitle 1 / Section 17-115
§17–115.
Status: in_force

This title does not supersede other laws applicable to financial institutions or other entities, and to the extent those other laws are inconsistent with the title, the other laws prevail.
Md. Code, Business Occupations and Professions § 17-102 — MD Code / Article gbo / Title 17 / Subtitle 1 / Section 17-102
§17–102.
Status: in_force

This title does not apply to:

(1) a person while acting under a judgment or order of a court;

(2) a public officer while performing the duties of office;

(3) a person while engaging in a single transaction that involves the sale or lease of any real estate under a power of attorney executed by the owner of the real estate;

(4) a licensed auctioneer while selling any real estate at public auction;

(5) an owner or lessor of any real estate while managing, leasing, or selling the real estate, unless the primary business of the owner or lessor is providing real estate brokerage services; or

(6) a person while acting in the capacity of:

(i) a receiver;

(ii) a trustee;

(iii) a personal representative; or

(iv) a guardian.
Md. Code, Alcoholic Beverages and Cannabis § 17-1003 — MD Code / Article gab / Title 17 / Subtitle 10 / Section 17-1003
§17–1003.
Status: in_force

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

(b) The Board may issue the license for use by an organization or country club that:

(1) is public or private;

(2) is operated for profit;

(3) owns real estate in the county; and

(4) has a regular or championship golf course with at least 18 holes.

(c) (1) The license authorizes the license holder to sell beer, wine, and liquor for consumption only on the land and in the buildings, including the clubhouse, that are used for golfing purposes.

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

(3) A prohibition on the distance that licensed premises shall be from a structure used as a hospital, house of worship, or school does not apply to the license holder.

(d) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class C beer, wine, and liquor license under § 17–2006 of this title.

(e) The annual license fee is $2,000.
Md. Code, Health Occupations § 17-310 — MD Code / Article gho / Title 17 / Subtitle 3 / Section 17-310
§17–310.
Status: in_force

(a) In this section “advanced assessment activities” means the use of appraisal instruments that require specialized psychological training for administration and interpretation.

(b) A licensed counselor or therapist may engage in advanced assessment activities if the licensed counselor or therapist has completed training that includes:

(1) Possession of a doctoral or master’s degree in counseling or a related field that includes a minimum of nine graduate courses of at least 3 semester hours in each of the following courses:

(i) Psychopathology;

(ii) Biological bases of behavior;

(iii) Research methods;

(iv) Advanced statistics;

(v) Tests and measures;

(vi) Intellectual assessment;

(vii) Personality assessment;

(viii) Ethics; and

(ix) Practicum in advanced assessment;

(2) Completion of 500 hours of supervised, direct, client–related, advanced assessment testing that is completed not less than 2 years following the completion of the master’s degree, of which a minimum of 100 hours shall include face–to–face supervision by a supervisor who is:

(i) A licensed mental health professional;

(ii) Proficient in the use of advanced assessment tests; and

(iii) Approved by the Board; and

(3) Passage of a national examination that includes items on advanced assessment that evaluate knowledge of advanced assessment procedures.
Md. Code, Business Occupations and Professions § 17-508 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-508
§17–508.
Status: in_force

In addition to being subject to disciplinary action under §§ 17-322 and 17-328 of this title, a real estate broker, an associate real estate broker, or a real estate salesperson who violates any provision of this Part I of this subtitle is subject to any other civil or criminal action provided by law.
Md. Code, Business Occupations and Professions § 17-544 — MD Code / Article gbo / Title 17 / Subtitle 5 / Section 17-544
§17–544.
Status: in_force

(a) Each team shall designate a team leader who shall be:

(1) a licensed associate real estate broker; or

(2) a licensed real estate salesperson who has at least 3 years of experience in providing real estate brokerage services.

(b) The team leader shall:

(1) maintain a current list of all members and employees of the team; and

(2) provide the list and any revisions of the list to the broker or the branch office manager of the brokerage with which the licensees are affiliated.

(c) The real estate broker or branch office manager of a real estate broker shall:

(1) maintain copies of the lists; and

(2) make the copies available to the Commission on request.
Md. Code, Business Occupations and Professions § 17-411 — MD Code / Article gbo / Title 17 / Subtitle 4 / Section 17-411
§17–411.
Status: in_force

(a) After payment of a claim by the Guaranty Fund, a licensee who the Commission finds responsible for the act or omission that gave rise to the claim shall reimburse the Guaranty Fund in full for:

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

(2) interest on the amount paid by the Guaranty Fund at an annual rate of at least 10%, as set by the Commission.

(b) Each licensee who the Commission finds responsible for the act or omission that gave rise to a claim is jointly and severally liable for the claim.

(c) If a licensee does not reimburse the Guaranty Fund as provided in subsection (a) of this section, the Commission or the State Central Collection Unit, as assignee of the Commission, may bring an action against the licensee for the amount that has not been reimbursed.

(d) The Commission or the State Central Collection Unit, as assignee of the Commission, shall be entitled to a judgment for the amount that the licensee has not reimbursed the Guaranty Fund if the Commission proves that:

(1) payment was made by the Guaranty Fund based on an act or omission for which the Commission found the licensee was responsible;

(2) a period of at least 30 days has passed since payment was made by the Guaranty Fund; and

(3) the licensee has not reimbursed the Guaranty Fund for the amount for which the judgment is sought.

(e) (1) If a person liable for reimbursing the Guaranty Fund under this section receives a demand for reimbursement and fails to reimburse the Fund, the reimbursement amount and any accrued interest or cost are a lien in favor of the State on any real property of the person if the lien is recorded and indexed as provided in this subsection.

(2) The lien in favor of the State created by this subsection may not attach to specific property until the State Central Collection Unit records written notice of the lien in the office of the clerk of the court for the county in which the property subject to the lien or any part of the property is located.

(3) The lien in favor of the State created by this subsection does not have priority as to any specific property over any person who is a lienholder of record at the time the notice required under paragraph (2) of this subsection is recorded.

(4) The notice required under paragraph (2) of this subsection shall contain the name and address of the person against whose property the lien exists, the amount of the lien, a description of or reference to the property subject to the lien, and the date the Guaranty Fund paid the claim giving rise to the lien.

(5) Upon presentation of a release of any lien in favor of the State created by this subsection, the clerk of the court in which the lien is recorded and indexed shall record and index the release and shall note in the lien docket the date the release is filed and the fact that the lien is released.

(6) The notice required under paragraph (2) of this subsection and any release filed under paragraph (5) of this subsection shall be indexed with the judgment lien records maintained by the office of the clerk of the court where the notice is recorded.

(7) The clerk may collect a reasonable fee for recording and indexing each notice of lien or release of any lien under this subsection.

(f) For the purpose of excepting to a discharge of a licensee under 11 U.S.C. § 523, the Commission or the State Central Collection Unit, as assignee of the Commission, is a creditor of the licensee for the amount that was paid by the Guaranty Fund but that has not been reimbursed by the licensee.
Md. Code, Business Regulation § 17-20A-04 — MD Code / Article gbr / Title 17 / Subtitle 20A / Section 17-20A-04
§17–20A–04.
Status: in_force

(a) (1) Subject to the hearing provisions of subsection (b) of this section, if a transient vendor conducting business in the State fails to display a valid transient vendor’s license, the Comptroller may order an immediate stop sale until a transient vendor’s license is obtained or may order a law enforcement officer to seize the goods that the transient vendor is offering or has offered for sale.

(2) Subject to the hearing provisions of subsection (b) of this section, if a transient vendor sells or offers to sell goods in the State without stating and charging the sales and use tax separately from the sale price as required under Title 11 of the Tax - General Article, the transient vendor’s license is void and shall be seized by the law enforcement officer and returned to the Comptroller, and the provisions of paragraph (1) of this subsection apply.

(b) (1) The Comptroller may order summarily a stop sale or a seizure of the transient vendor’s goods or license if the Comptroller:

(i) finds that the public health, safety, or welfare requires emergency action; and

(ii) promptly gives the licensee:

1. written notice of the stop sale or seizure, the finding, and the reasons that support the finding; and

2. an opportunity to be heard.

(2) (i) If the Comptroller finds that emergency action is not necessary under paragraph (1) of this subsection, before the Comptroller takes any final action under subsection (a) of this section, the Comptroller shall give the person against whom the action is contemplated an opportunity for a hearing before the Comptroller.

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

(iii) The Comptroller may administer oaths in a proceeding under this subsection.

(iv) If, after due notice, the person against whom the action is contemplated does not appear, nevertheless the Comptroller may hear and determine the matter.

(c) (1) All property seized by a law enforcement officer under this section shall be deemed prima facie to be contraband of law.

(2) All rights, title, and interest in the property seized shall vest immediately in and to the local government, if seized by a law enforcement official of a local government, or to the State, if seized by State authorities, and may not be returned to the vendor or any other person, except as provided in this section.

(d) (1) If the ultimate disposition of charges, in connection with which the property may have been seized, results in a record of conviction being entered against the vendor, the State Treasurer or the fiscal officer of the local government, within 90 days from the date of the record of the entry of conviction, unless the case is appealed, shall apply to the District Court or circuit court of the county for an order declaring and ordering that the property be forfeited to the sole use of the State or local government.

(2) Before the court to which an application is directed shall proceed to order a forfeiture of the property to the State or local government, the court shall establish to its satisfaction that there is no pending and undetermined suit or proceeding that has been filed in a court of competent jurisdiction against the State or the local government seeking a return or recovery of the property held in custody.

(3) All applications for the forfeiture of contraband shall be by petition.

(4) A copy of the petition and show cause order shall be served in the first instance in accordance with the Maryland Rules.

(e) (1) On disposition of a charge resulting in acquittal, dismissal, a stet, a nolle prosequi, or probation under § 6-220 of the Criminal Procedure Article, a vendor claiming that the seized property is not contraband of law under subsection (c) of this section and should be returned to the vendor may apply, within 1 year after the date the judgment or order was entered or the action was taken that constituted the disposition and on giving 10 days’ prior written notice to the State Treasurer or appropriate local fiscal officer, to the appropriate court for a determination that the property is the property of the claimant and for an order that it be returned.

(2) In a proceeding on that application, an acquittal, dismissal, or nolle prosequi with respect to any indictment involved in the seizure of the property is prima facie evidence that the property is not contraband.

(3) A conviction, plea of guilty or of nolo contendere, or probation under the provisions of § 6-220 of the Criminal Procedure Article is prima facie evidence that the property is contraband.

(4) No presumption in the proceeding shall attach to an entry of stet.

(5) If a petition is not timely and properly filed, or if it is finally decided against the claimant, the seized property shall be forfeited to the custodian without further judicial action.

(6) Timely notice shall be given by certified mail or other appropriate means to any known claimants, at their last known address, of the requirements of this section for making claim for the return of the seized property or the seized property may not be forfeited as provided in paragraph (5) of this subsection.

(f) The provisions of this section shall be enforced by any State or local law enforcement officer.
Md. Code, Business Occupations and Professions § 17-303 — MD Code / Article gbo / Title 17 / Subtitle 3 / Section 17-303
§17–303.
Status: in_force

(a) To qualify for a real estate salesperson license, an applicant shall be an individual who meets the requirements of this section.

(b) An applicant shall be of good character and reputation.

(c) An applicant shall be at least 18 years old.

(d) An applicant shall have completed successfully:

(1) a basic course in real estate approved by the Commission that:

(i) does not require more than 60 clock hours of:

1. classroom instruction; or

2. instruction provided by:

A. remote access satellite;

B. closed–circuit video;

C. computer, including transmission over the Internet and the World Wide Web;

D. home study; or

E. any other delivery system approved by the Commission; and

(ii) includes a 3 clock hour course in real estate ethics approved by the Commission; or

(2) if approved by the Commission as an alternative, courses in real estate subjects in any college, including a 3 clock hour course in real estate ethics approved by the Commission.

(e) An applicant shall pass an examination given by the Commission under § 17-306 of this subtitle.

(f) An applicant shall obtain, from a licensed real estate broker, a commitment providing that the applicant shall become affiliated with the licensed real estate broker as a real estate salesperson on the granting of a real estate salesperson license to the applicant.

(g) An applicant shall meet any other requirement that the Commission establishes to ensure that only individuals who are professionally competent and of good character and reputation are licensed.
Md. Code, Business Regulation § 17-20A-05 — MD Code / Article gbr / Title 17 / Subtitle 20A / Section 17-20A-05
§17–20A–05.
Status: in_force

A transient vendor who conducts business in the State without displaying a valid transient vendor’s license is guilty of a misdemeanor and upon conviction is subject to a fine not to exceed $500 for each offense.
Md. Code, Business Occupations and Professions § 17-209 — MD Code / Article gbo / Title 17 / Subtitle 2 / Section 17-209
§17–209.
Status: in_force

(a) (1) The Commission shall administer and enforce the provisions of this title.

(2) In connection with any disciplinary action under Subtitle 3 of this title or any investigation or proceeding brought for an alleged violation of this title, the Commission, a hearing board, the executive director of the Commission, or the assistant director of the Commission may:

(i) hold hearings;

(ii) administer oaths;

(iii) issue a subpoena for the attendance of a witness to testify or the production of evidence; and

(iv) take depositions in the same manner as provided in civil cases in the State.

(3) If a person fails to comply with a subpoena issued under this subsection, on petition of the Commission or another party, a circuit court may compel compliance with the subpoena.

(b) (1) If the Commission concludes that conduct alleged to be a violation of any provision of this title may result in irreparable harm to a person, the Commission may sue to enforce a provision of this title by ex parte, interlocutory, or final injunction.

(2) In seeking an injunction under this subsection, the Commission is not required to:

(i) post bond, if the injunction is sought against a person who does not hold a license issued under this title; or

(ii) allege or prove that an adequate remedy at law does not exist.

(c) (1) Subject to the provisions of this section, the Commission shall conduct an investigation that relates to any complaint alleging that an unauthorized person has provided real estate brokerage services.

(2) A complaint shall:

(i) be in writing;

(ii) state specifically the facts on which the complaint is based; and

(iii) be filed with the Commission.

(3) If a complaint is made by any person other than a member of the Commission, the complaint shall be made under oath by the person who submits the complaint.
Md. Code, Alcoholic Beverages and Cannabis § 17-1901 — MD Code / Article gab / Title 17 / Subtitle 19 / Section 17-1901
§17–1901.
Status: in_force

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

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

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

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

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

(5) § 4–508 (“Display of license”).

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

(1) § 4–504 (“Employment of underage individuals”), subject to § 17–1902 of this subtitle; and

(2) § 4–505 (“Alcohol awareness program”), subject to § 17–1903 of this subtitle.
Md. Code, Business Regulation § 17-1602 — MD Code / Article gbr / Title 17 / Subtitle 16 / Section 17-1602
§17–1602.
Status: in_force

This subtitle does not apply in Montgomery County.
Md. Code, Health - General § 17-306 — MD Code / Article ghg / Title 17 / Subtitle 3 / Section 17-306
§17–306.
Status: in_force

To qualify for a permit, an applicant shall satisfy the Secretary that the tissue bank to be operated, represented, or serviced and its director meet the requirements that the Secretary adopts under this subtitle.
Md. Code, Estates and Trusts § 17-103 — MD Code / Article get / Title 17 / Subtitle 1 / Section 17-103
§17–103.
Status: in_force

(a) The following persons may petition a court to construe a power of attorney or review the agent’s conduct, and grant appropriate relief:

(1) The principal or the agent;

(2) A guardian, conservator, or other fiduciary acting for the principal;

(3) A person authorized to make health care decisions for the principal;

(4) The principal’s spouse, parent, or descendant;

(5) An individual who would qualify as a presumptive heir of the principal;

(6) A person named as a beneficiary to receive any property, benefit, or contractual right on the principal’s death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal’s estate;

(7) A governmental agency having regulatory authority to protect the welfare of the principal;

(8) The principal’s caregiver or another person that demonstrates sufficient interest in the principal’s welfare; and

(9) A person asked to accept the power of attorney.

(b) On motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent’s authority or the power of attorney.
Md. Code, Commercial Law § 17-307 — MD Code / Article gcl / Title 17 / Subtitle 3 / Section 17-307
§17–307.
Status: in_force

All intangible personal property held for the owner by any court, public corporation, public authority, or public officer of this State or any political subdivision of it that has remained unclaimed by the owner for more than 3 years is presumed abandoned.
Md. Code, Criminal Procedure § 17-102 — MD Code / Article gcp / Title 17 / Subtitle 1 / Section 17-102
§17–102.
Status: in_force

(a) (1) FGGS may not be initiated without judicial authorization and without certifying before the court that the forensic sample and the criminal case satisfy the criteria set forth in this section.

(2) If an FGGS is certified before a court in accordance with this section, the court shall authorize the initiation of the FGGS.

(b) (1) A sworn affidavit shall be submitted by a law enforcement agent with approval of a prosecutor from the relevant jurisdiction asserting that:

(i) the identity of the perpetrator is unknown;

(ii) the crime is the commission of, or the attempt to commit, murder, rape, a felony sexual offense, or a criminal act involving circumstances presenting a substantial and ongoing threat to public safety or national security;

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

1. a crime scene;

2. a person, an item, or a location connected to the criminal event; or

3. the unidentified human remains of a suspected homicide victim;

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

(v) unless the crime being investigated presents an ongoing threat to public safety or national security concerns, reasonable investigative leads have been pursued and failed to identify the perpetrator.

(2) Nothing in this subsection may be construed to require that all investigative leads have been exhausted.

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

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

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

(2) seeks acknowledgement and express consent from its service users regarding the substance of the notice described in item (1) of this subsection.

(e) The laboratory conducting SNP or other sequencing–based testing and the genetic genealogist participating in FGGS shall be licensed by the Office of Health Care Quality in accordance with § 17–104 of this title.

(f) (1) (i) Subject to subparagraph (ii) of this paragraph, informed consent in writing shall be obtained from any third party whose DNA sample is sought for the purpose of assisting an FGGS and all statements made in obtaining the informed consent shall be documented from beginning to end by video or audio recording.

(ii) If the use of informed consent will compromise the investigation as demonstrated under subsection (g)(1)(ii) of this section and the third party has not already refused to consent, investigators may seek authorization to covertly collect a DNA sample in accordance with subsection (g) of this section.

(2) The person obtaining the informed consent shall have training from a genetic counselor approved by the Office of Health Care Quality under § 17–104 of this title within 1 year after the Office of Health Care Quality has identified and approved a genetic counselor or within 1 year after the person joins the investigative unit conducting the investigation, whichever is later.

(3) The third party shall be informed, at a minimum, of the following before giving informed consent in writing:

(i) the investigation involves a crime specified under subsection (b)(1) of this section;

(ii) the third party is not a suspect in the investigation and has the right to refuse to consent to the collection of a DNA sample;

(iii) the law prohibits the covert collection of a DNA sample if the third party refuses to consent to the collection of a DNA sample;

(iv) the third party has been identified through a search of a direct–to–consumer or publicly available open–data personal genomics database as a potential relative of an individual believed to have committed a crime specified under subsection (b)(1) of this section;

(v) investigators are seeking the third party’s DNA to assist in identifying the person or persons who committed the crime, or to identify the victim of a homicide, and for no other purpose; and

(vi) 1. the third party’s DNA sample and any information obtained from its analysis will be kept confidential in accordance with a court order during the course of the investigation;

2. the DNA sample and any data obtained from it will be destroyed when the investigation or any criminal case arising from the investigation ends; and

3. in accordance with a court order, the third party will receive notice by certified delivery that the destruction has occurred.

(4) If the third party does not consent to providing a reference sample for an FGGS investigation, law enforcement may not collect a covert reference sample from the individual.

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

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

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

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

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

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

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

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

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

(h) (1) (i) Except as provided in subparagraph (ii) of this paragraph, on completion of an FGGS investigation that does not result in a prosecution or results in an acquittal, or on completion of a sentence and postconviction litigation associated with a conviction obtained through the use of FGGS, or on completion of any criminal prosecution that may arise from the FGGS, the authorizing court, or any court that ultimately has jurisdiction over any criminal case that arose from the FGGS, shall issue orders to all persons in possession of DNA samples gathered in the FGGS and all genetic genealogy information derived from the FGG analysis of those samples to destroy the samples and information.

(ii) 1. On the completion of an FGGS investigation, the genetic genealogist participating in the FGGS shall turn over to the investigator all records and materials collected in the course of the FGGS, including material sourced from public records, family trees constructed, and any other genetic or nongenetic data collected in the FGGS.

2. The genetic genealogist may not keep any records or materials in any form, including digital or hard copy records.

3. The genetic genealogist shall ensure that all records described under this subparagraph have been deleted or removed from any FGG website.

4. The prosecutor shall retain and disclose any records or materials as required under the Maryland Constitution or the United States Constitution and the rules of discovery as provided in Maryland Rules 4–262 and 4–263, but may not otherwise use or share the records or materials.

(2) The court orders shall include the removal and destruction of any FGG profiles previously uploaded to direct–to–consumer or publicly available open–data personal genomics databases.

(3) All individuals who were not the source of the STR DNA profile obtained from the forensic sample and whose DNA was collected through informed consent or covertly during the course of the FGGS shall receive notice of that destruction by certified delivery.

(i) (1) A person may not disclose genetic genealogy data, FGG profiles, or DNA samples not authorized by a court order in the course of an FGGS, or in the course of any criminal proceeding that arises from an FGGS.

(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

(j) (1) A person may not willfully fail to destroy genetic genealogy information, FGG profiles, or DNA samples that are required to be destroyed in accordance with subsection (h) of this section.

(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

(k) A person whose genetic genealogy information, FGG profile, or DNA sample is wrongfully disclosed, collected, or maintained in violation of this title has a private right of action under relevant State law guiding tort claims, and is entitled to minimum liquidated damages of $5,000 for a violation.

(l) A prosecutor in a criminal case that involves an FGGS investigation may file with the Appellate Court of Maryland an appeal from an interlocutory order by a court that excludes or suppresses evidence in the form of an STR DNA profile obtained from the FGGS.
Md. Code, Land Use § 17-301 — MD Code / Article glu / Title 17 / Subtitle 3 / Section 17-301
§17–301.
Status: in_force

The Commission may appoint park police officers as necessary to provide protection for the activities and property of the Commission.