Md. Code, Financial Institutions § 11-601 — MD Code / Article gfi / Title 11 / Subtitle 6 / Section 11-601
§11–601.
Status: in_force

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

(b) “Borrower” has the meaning stated in § 11–501 of this title.

(c) “Clerical or support duties” includes the following activities relating to the processing or underwriting of a mortgage loan when performed subsequent to the receipt of a loan application:

(1) The receipt, collection, distribution, and analysis of information usual and customary for the processing or underwriting of a mortgage loan; and

(2) Communication with a consumer to obtain information necessary for the processing or underwriting of a mortgage loan, to the extent that the communication does not include offering or negotiating mortgage loan rates or terms, or counseling consumers about mortgage loan rates or terms.

(d) (1) “Depository institution” has the meaning stated in the Federal Deposit Insurance Act, 12 U.S.C. § 1813(c).

(2) “Depository institution” includes credit unions.

(e) “Federal banking agencies’’ means the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the National Credit Union Administration, and the Federal Deposit Insurance Corporation.

(f) “Fund” means the Non–Depository Special Fund established under § 2–120 of this article.

(g) “Immediate family member” means a spouse, child, sibling, parent, grandparent, grandchild, stepparent, stepchild, and stepsibling.

(h) “Independent contractor” means a person whose compensation is paid without a deduction for federal or State income tax.

(i) “Individual” means a natural person.

(j) “Individual loan servicer” means an individual who on behalf of a note holder or mortgage loan servicer:

(1) Collects or receives payments, including payments of principal, interest, escrow amounts, and other amounts due on existing mortgage loan obligations owed to the note holder or mortgage loan servicer, at a time when the borrower is in default, or in reasonably foreseeable likelihood of default; and

(2) Working with the borrower and the note holder or mortgage loan servicer, collects data and makes decisions to modify, either temporarily or permanently, the terms of the mortgage loan obligations described in item (1) of this subsection or to proceed with collection efforts through foreclosure or other processes.

(k) “License” means a license issued in any form by the Commissioner under this subtitle to engage in the business of a mortgage loan originator, including as provided for through NMLS.

(l) “Licensee” means an individual licensed under this subtitle to engage in the business of a mortgage loan originator.

(m) “Loan application” has the meaning stated in § 11–501 of this title.

(m–1) “Mobile home” has the meaning stated in § 11–501 of this title.

(n) “Mortgage lender” means a person that is licensed as a mortgage lender under Subtitle 5 of this title.

(o) “Mortgage lending business” has the meaning stated in § 11–501 of this title.

(p) “Mortgage loan” has the meaning stated in § 11–501 of this title.

(q) (1) “Mortgage loan originator” means an individual who for compensation or gain, or in the expectation of compensation or gain:

(i) Takes a loan application; or

(ii) Offers or negotiates terms of a mortgage loan.

(2) “Mortgage loan originator” does not include an individual who:

(i) Acts solely as a mortgage loan processor or underwriter;

(ii) Performs only real estate brokerage activities and is licensed in accordance with Title 17 of the Business Occupations and Professions Article, unless the individual is compensated by a mortgage lender, mortgage broker, or other mortgage loan originator or by any agent of a mortgage lender, mortgage broker, or other mortgage loan originator;

(iii) Is involved solely in extensions of credit relating to timeshare plans, as that term is defined in 11 U.S.C. § 101(53D); or

(iv) Is a retailer of mobile homes or an employee of the retailer if the retailer or employee, as applicable, does not receive, directly or indirectly, compensation or gain for engaging in activities described in paragraph (1) of this subsection that is in excess of compensation or gain received in a comparable cash transaction.

(r) (1) “Mortgage loan processor or underwriter” means an individual who performs clerical or support duties as an employee of, at the direction of, and subject to the supervision and instruction of a person licensed, or exempt from licensing, under Title 5 of this article.

(2) “Mortgage loan processor or underwriter” does not include an individual who:

(i) Represents to the public, through advertising or other means of communication including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that the individual can or will perform any of the activities of a mortgage loan originator; or

(ii) Performs mortgage loan processing or underwriting activities as an independent contractor.

(s) “Nontraditional mortgage product” means any mortgage product other than a 30–year fixed rate mortgage loan.

(t) “Person” has the meaning stated in § 11–501 of this title.

(u) ‘‘Real estate brokerage activity’’ means any activity for which a license is required under Title 17 of the Business Occupations and Professions Article.

(v) ‘‘Registered mortgage loan originator’’ means any individual who:

(1) Is a mortgage loan originator;

(2) Is an employee of:

(i) A depository institution;

(ii) A subsidiary that is:

1. Owned and controlled by a depository institution; and

2. Regulated by a federal banking agency; or

(iii) An institution regulated by the Farm Credit Administration; and

(3) Is registered with, and maintains a unique identifier through, NMLS.

(w) “Residential real estate” has the meaning stated in § 11–501 of this title.

(x) “Unique identifier” means a number or other identifier assigned by NMLS.
Md. Code, Human Services § 11-101 — MD Code / Article ghu / Title 11 / Subtitle 1 / Section 11-101
§11–101.
Status: in_force

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

(b) “Board” means the Board of Directors of the Maryland Legal Services Corporation.

(c) “Corporation” means the Maryland Legal Services Corporation.

(d) “Eligible client” means a person who is unable to afford legal assistance as determined under § 11-603 of this title.

(e) “Fund” means the Maryland Legal Services Corporation Fund.

(f) (1) “Grantee” means a nonprofit organization that:

(i) is qualified under § 501(c)(3) of the Internal Revenue Code;

(ii) provides legal assistance to eligible clients; and

(iii) receives financial assistance under § 11-501 of this title from the Corporation.

(2) “Grantee” includes:

(i) the Legal Aid Bureau, Inc.;

(ii) the Maryland Disability Law Center; and

(iii) the Maryland Volunteer Lawyers Service, Inc.

(g) “Internal Revenue Code” means:

(1) Title 26 of the United States Code; and

(2) regulations adopted under Title 26 of the United States Code.

(h) (1) “Legal assistance” means the legal representation of eligible clients by grantees.

(2) “Legal assistance” includes:

(i) training;

(ii) research;

(iii) coordination with private attorneys; and

(iv) other activities necessary to ensure the delivery of quality legal services.
Md. Code, Health - General § 11-102 — MD Code / Article ghg / Title 11 / Subtitle 1 / Section 11-102
§11–102.
Status: in_force

The Interstate Compact on Mental Health is enacted into law and entered into with all other states joining in it in the form substantially as it appears in § 11-103 of this title.
Md. Code, Agriculture § 11-414 — MD Code / Article gag / Title 11 / Subtitle 4 / Section 11-414
§11–414.
Status: in_force

(a) Any person who violates § 11–409, § 11–410, or § 11–411 of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not less than $100 and not exceeding $1,000, or imprisonment of not more than nine months, or both, with costs imposed in the discretion of the court.

(b) Any person found guilty of a second or subsequent violation of § 11–409, § 11–410, or § 11–411 of this subtitle is subject to a fine of not less than $1,000, or imprisonment of not less than nine months, or both, with costs imposed in the discretion of the court.
Md. Code, Commercial Law § 11-507 — MD Code / Article gcl / Title 11 / Subtitle 5 / Section 11-507
§11–507.
Status: in_force

(a) It is the duty of the Executive Director to enforce this subtitle.

(b) The Executive Director shall:

(1) Employ and determine the duties and compensation of the inspectors and other personnel necessary to enforce this subtitle; and

(2) Adopt reasonable rules and regulations necessary to effectuate and enforce the policies of this subtitle.
Md. Code, Education § 11-205 — MD Code / Article ged / Title 11 / Subtitle 2 / Section 11-205
§11–205.
Status: reserved

(a) The Commission may summarily order the revocation or suspension of a certificate of approval of a private career school if:

(1) The school’s owner or director, or any person in whose name the approval is issued, is convicted of a crime of moral turpitude or a crime relating to the operation of the school if:

(i) The conviction is final; and

(ii) The period for appeal has expired;

(2) An agency that exercises concurrent authority over the private career school has revoked any approval to operate required by law; or

(3) Without prior approval of the Commission, the certificate of approval of a school is sold, pledged, or transferred, or there is a change of ownership of a school.

(b) The Commission may summarily order a revocation or suspension of a certificate of approval of a private career school under subsection (a) of this section only if it gives the school:

(1) Prior oral or written notice of the proposed revocation or suspension and a brief, informal opportunity for response;

(2) Prior or prompt subsequent written notice of the revocation or suspension and the findings on which the revocation or suspension is based; and

(3) After the revocation or suspension is effective, an opportunity to be heard promptly before the Commission.

(c) (1) In any hearing held on the grounds for revocation under subsection (a) of this section, the Commission may limit the issues to be determined to whether:

(i) The alleged conviction in fact occurred;

(ii) The alleged revocation under subsection (a)(2) of this section in fact occurred; or

(iii) The alleged sale, pledge, or transfer, or change of ownership of the private career school in fact occurred.

(2) Notwithstanding paragraph (1) of this subsection, in any hearing held on the grounds for revocation under subsection (a) of this section, a private career school may present matters in mitigation of the offense alleged by the Commission.
Md. Code, Business Occupations and Professions § 11-303 — MD Code / Article gbo / Title 11 / Subtitle 3 / Section 11-303
§11–303.
Status: in_force

To be included on the list of applicants who qualify to be pilots-in-training, an applicant shall:

(1) be at least 21 years old;

(2) provide the Board with proof of recent satisfactory completion of the physical requirements for a first-class pilot license, as determined by the U.S. Coast Guard;

(3) agree to participate in a U.S. Coast Guard approved random drug testing program;

(4) have one or more of the following maritime credentials:

(i) a degree from a 4-year course of study at an accredited maritime institution acceptable to the Board, and a current license as third mate, or greater grade, of steam and motor vessels, any gross tons upon oceans;

(ii) a current license as a master of steam and motor vessels, any gross tons upon oceans, that is issued by the U.S. Coast Guard and that contains an appropriate radar endorsement; or

(iii) a minimum of 5 years’ experience in the maritime industry working on vessels in the deck department as a licensed master or mate on tugs or inspected vessels, of which at least 2 years’ experience shall be as the master of a ship-assist harbor tug; and

(5) pass any mental or physical examination that the Board requires to verify that the applicant is mentally and physically capable of providing pilotage.
Md. Code, Labor and Employment § 11-708 — MD Code / Article gle / Title 11 / Subtitle 7 / Section 11-708
§11–708.
Status: in_force

For fiscal year 2014 and each fiscal year thereafter, the Maryland EARN Program shall be funded as provided for in the State budget.
Md. Code, Real Property § 11A-129 — MD Code / Article grp / Title 11A / Subtitle 1 / Section 11A-129
§11A–129.
Status: in_force

This title may be cited as the “Maryland Real Estate Time-Sharing Act”.
Md. Code, State Government § 11-103 — MD Code / Article gsg / Title 11 / Subtitle 1 / Section 11-103
§11–103.
Status: in_force

(a) (1) This title applies only to a development project and only through the completion of a final action under § 11–520 of this title.

(2) This title does not apply to an application for a renewal, amendment, or extension of a development permit.

(b) (1) This title applies to the procedures of the Maryland–National Capital Park and Planning Commission for a subdivision or site review to the same extent that this title applies to the procedures of any local government.

(2) Except as otherwise provided in this subsection, this title does not affect any exclusive jurisdiction granted by law to a local government or State unit to act on an application for a particular type of development permit, and a local government or State unit that has power to grant development permits may exercise the power free from interference by another unit.

(3) The coordinator may inquire as to any application for a development permit and may set a time limit for action to issue or deny a development permit, if the application has not been acted on within the prescribed time.

(4) The procedures set forth in this title are exclusive and shall prevail over any inconsistent law or order.

(c) This title does not affect the authority of a local government or State unit to set and to collect an application, permit, or other fee, and the fee shall be paid in accordance with the law and procedures relating to that fee.

(d) This title does not affect the authority of the Department of Planning under Title 5 of the State Finance and Procurement Article.

(e) This title does not apply to the construction of:

(1) an electric generating station; or

(2) an overhead transmission line designed to carry more than 69,000 volts.
Md. Code, Criminal Law § 11-207 — MD Code / Article gcr / Title 11 / Subtitle 2 / Section 11-207
§11–207.
Status: in_force

(a) A person may not:

(1) cause, induce, solicit, or knowingly allow a minor to engage as a subject in the production of obscene matter or a visual representation or performance that depicts a minor engaged as a subject in sadomasochistic abuse or sexual conduct;

(2) photograph or film a minor engaging in an obscene act, sadomasochistic abuse, or sexual conduct;

(3) use a computer to depict or describe a minor engaging in an obscene act, sadomasochistic abuse, or sexual conduct;

(4) knowingly promote, advertise, solicit, distribute, or possess with the intent to distribute any matter, visual representation, or performance:

(i) that depicts a minor engaged as a subject in sadomasochistic abuse or sexual conduct; or

(ii) in a manner that reflects the belief, or that is intended to cause another to believe, that the matter, visual representation, or performance depicts a minor engaged as a subject of sadomasochistic abuse or sexual conduct; or

(5) use a computer to knowingly compile, enter, transmit, make, print, publish, reproduce, cause, allow, buy, sell, receive, exchange, or disseminate any notice, statement, advertisement, or minor’s name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for the purpose of engaging in, facilitating, encouraging, offering, or soliciting unlawful sadomasochistic abuse or sexual conduct of or with a minor.

(b) A person who violates this section is guilty of a felony and on conviction is subject to:

(1) for a first violation, imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both; and

(2) for each subsequent violation, imprisonment not exceeding 20 years or a fine not exceeding $50,000 or both.

(c) (1) (i) This paragraph applies only if the minor’s identity is unknown or the minor is outside the jurisdiction of the State.

(ii) In an action brought under this section, the State is not required to identify or produce testimony from the minor who is depicted in the obscene matter or in any visual representation or performance that depicts the minor engaged as a subject in sadomasochistic abuse or sexual conduct.

(2) The trier of fact may determine whether an individual who is depicted in an obscene matter, or any visual representation or performance as the subject in sadomasochistic abuse or sexual conduct, was a minor by:

(i) observation of the matter depicting the individual;

(ii) oral testimony by a witness to the production of the matter, representation, or performance;

(iii) expert medical testimony; or

(iv) any other method authorized by an applicable provision of law or rule of evidence.
Md. Code, Business Regulation § 11-811 — MD Code / Article gbr / Title 11 / Subtitle 8 / Section 11-811
§11–811.
Status: in_force

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

(2) “Fair Hill” means the Cecil County Breeders’ Fair, Inc., or its successor.

(3) “State Fair Society” means the Maryland State Fair and Agricultural Society, Inc.

(b) This section applies only to intertrack betting in which:

(1) the sending track is equipped to transmit simulcast races and is:

(i) a mile thoroughbred track;

(ii) a harness track;

(iii) a track where racing is conducted by Fair Hill; or

(iv) a track where racing is conducted by the State Fair Society; and

(2) the receiving track is:

(i) equipped to receive simulcast races and hold intertrack betting on those races; and

(ii) one of the tracks specified in item (1) of this subsection.

(c) The Commission may authorize intertrack betting involving tracks of:

(1) mile thoroughbred racing licensees;

(2) harness racing licensees;

(3) Fair Hill; or

(4) the State Fair Society.

(d) The Commission may authorize licensees, Fair Hill, or the State Fair Society to participate in intertrack betting by operating sending tracks and receiving tracks only if:

(1) the operators of the sending track and the receiving track submit a joint application to the Commission;

(2) the Commission holds a public hearing on the matter;

(3) the operator of the receiving track shows to the satisfaction of the Commission that the operator has held, is holding, or will hold regularly scheduled race meetings at the receiving track in accordance with a license and has complied with the terms of the license; and

(4) the receiving track meets the requirements of subsection (e) of this section, unless the Commission has waived them, and subsection (f) of this section.

(e) (1) Laurel Race Course, a track where racing is conducted by the State Fair Society or Rosecroft Raceway may be a receiving track only if live racing was held there in the previous calendar year on at least 75% of the racing days available to it.

(2) Ocean Downs may be a receiving track only if at least 40 days of live racing were held there in the previous calendar year.

(3) Pimlico Race Course may be a receiving track only if at least 90 days of live racing were held there in the previous calendar year.

(4) A track where racing is conducted by Fair Hill may be a sending track only on days when Fair Hill is licensed to conduct and actually conducts live racing.

(5) A track in Allegany County may be a sending track:

(i) to any receiving track:

1. on days when the track is licensed to conduct and actually conducts live racing; and

2. for live races conducted at the track; and

(ii) to a receiving track located more than 35 miles from any of Laurel Park, Pimlico Race Course, and Rosecroft Raceway:

1. on any day the Commission has authorized the licensee to hold racing; and

2. for simulcast races conducted at the track.

(6) Subject to § 11-804.2 of this subtitle, nothing in paragraph (5) of this subsection shall limit the ability of a track in Allegany County to act as a sending track to a satellite simulcast facility.

(7) A track in Allegany County may be a receiving track:

(i) during its opening year if it has scheduled at least 21 days of live racing within 12 months of its opening and the Commission has granted its application to race on those days; and

(ii) in subsequent years if at least 21 days of live racing were held at the track in the previous calendar year.

(8) The Commission may waive a requirement of this subsection if the receiving track could not meet the requirement because of:

(i) an act of God; or

(ii) what the Commission finds to be an emergency.

(f) (1) Intertrack betting may be held only if the organizations specified in this subsection approve the agreement between the receiving track and the sending track to simulcast races.

(2) If the sending track is a mile thoroughbred track or a track where racing is conducted by the State Fair Society or Fair Hill, approval shall be by an organization representing:

(i) a majority of the owners and trainers at the sending track; and

(ii) a majority of the thoroughbred breeders in the State.

(3) If the sending track is a harness track, approval shall be by an organization representing:

(i) a majority of the owners, trainers, and drivers of standardbred horses at the sending track; and

(ii) a majority of the standardbred breeders in the State.

(4) If the receiving track is a mile thoroughbred track or a track where racing is conducted by the State Fair Society, approval shall be by an organization representing:

(i) a majority of the owners and trainers at the receiving track; and

(ii) a majority of the thoroughbred breeders in the State.

(5) If the receiving track is a harness track, approval shall be by an organization representing:

(i) a majority of the owners, trainers, and drivers of standardbred horses at the harness track; and

(ii) a majority of the standardbred breeders in the State.

(g) (1) The simulcast signal shall be encoded.

(2) The licensee of the receiving track may not transmit the simulcast signal beyond the premises where pari-mutuel betting is allowed.

(h) Notwithstanding the provisions of subsection (f) of this section, if a track where racing is conducted by the State Fair Society is within the 35-mile radius of a mile thoroughbred track, it shall first obtain the concurrence of that mile thoroughbred track before it may be a receiving track during a period of time when the State Fair Society is not licensed to conduct live racing.
Md. Code, Criminal Procedure § 11-1004 — MD Code / Article gcp / Title 11 / Subtitle 10 / Section 11-1004
§11–1004.
Status: in_force

This subtitle does not create a cause of action on behalf of a person against a public official, public employee, a State or local government, or unit, including a unit responsible for the guidelines set forth in this subtitle.
Md. Code, Business Regulation § 11-601 — MD Code / Article gbr / Title 11 / Subtitle 6 / Section 11-601
§11–601.
Status: in_force

In this subtitle, “average handle” means the daily average amount bet in a year.
Md. Code, State Government § 11-521 — MD Code / Article gsg / Title 11 / Subtitle 5 / Section 11-521
§11–521.
Status: in_force

(a) A State unit is entitled to an extension of the time specified in § 11-515 of this subtitle, if the State unit:

(1) determines, in writing, that:

(i) the application and appendices are lacking in specific required information; or

(ii) technical information, tests, or studies are needed for consideration of the application;

(2) states the specific information, tests, and studies needed;

(3) states the time required for their completion, if the information, tests, or studies are not required to be submitted by or for the applicant; and

(4) delivers the written determination to the Coordinator and to the applicant at least 10 days before the scheduled hearing date.

(b) A State unit is entitled to an extension of the time specified in § 11-520 of this subtitle, if the State unit:

(1) determines, in writing, that:

(i) the application and appendices are lacking in specific required information;

(ii) technical information, tests, or studies are needed for consideration of the application; or

(iii) new information requiring further evaluation has been obtained from the public hearing;

(2) states the specific information, tests, and studies needed;

(3) states the time required for their completion, if the information, tests, or studies are not required to be submitted by or for the applicant; and

(4) delivers the written determination to the Coordinator and to the applicant at least 10 days before the expiration of the time specified in § 11-520 of this subtitle.

(c) (1) Subject to § 11-522 of this subtitle, on timely delivery of the written determination, the time limit shall be extended until 30 days after the information required from the applicant is received or 30 days after the time specified in the determination for the completion of the other information, tests, and studies not required from the applicant, as the case may be.

(2) If new information is obtained from a public hearing, the Coordinator and the State unit involved shall jointly agree to a reasonable extension of time before the unit must act on the development permit.
Md. Code, Agriculture § 11-412 — MD Code / Article gag / Title 11 / Subtitle 4 / Section 11-412
§11–412.
Status: in_force

(a) (1) The Secretary may enter the premises of any permit holder at any reasonable hour, to examine the weighing, measuring, sampling, testing procedures and apparatus, to take samples of milk or other fluid dairy products, or both, to inspect weights, measurements, and test results and to inspect and audit all books, papers, records, or related documents.

(2) The Secretary may enter on the property and premises of a producer to inspect and test all devices used to determine weight or measurement affecting the payment of milk or other fluid dairy products, to collect for analysis, a portion of milk or other fluid dairy products, and to observe the activities and procedures of any person required to possess a permit or license under this subtitle.

(b) Any person subject to this subtitle, and his agent or employee, shall present for inspection, the license issued under this subtitle, as required by rule or regulation, or on request of the Secretary.

(c) All information obtained by the Secretary from the records of any person shall be kept confidential by all officers and employees. Only the information required to be revealed in any proceedings brought under this subtitle may be disclosed. This section does not prohibit the compilation of statistical reports from the information acquired, if the compilation does not identify the person furnishing any specific information.
Md. Code, Agriculture § 11-202 — MD Code / Article gag / Title 11 / Subtitle 2 / Section 11-202
§11–202.
Status: in_force

The Secretary shall:

(1) Have custody of the State primary standards of weights and measures and of the other standards and equipment provided for by this subtitle;

(2) Keep accurate records of the standards and equipment;

(3) Supervise the weights and measures offered for sale, sold, or used in the State; and

(4) Submit a report of all the activities of his office during the previous fiscal year to the Governor and Legislative Policy Committee by September 30.
Md. Code, Real Property § 11B-111.4 — MD Code / Article grp / Title 11B / Subtitle 1 / Section 11B-111.4
§11B–111.
Status: in_force

§11B–111.4.

(a) This section does not apply to any meetings of lot owners occurring at any time before the lot owners, other than the developer, have a majority of the votes in the homeowners association, as provided in the declaration.

(b) Subject to reasonable rules adopted by the governing body, lot owners may meet for the purpose of considering and discussing the operation of and matters relating to the operation of the homeowners association in any common areas or in any building or facility in the common areas that the governing body of the homeowners association uses for scheduled meetings.
Md. Code, Courts and Judicial Proceedings § 11-507 — MD Code / Article gcj / Title 11 / Subtitle 5 / Section 11-507
§11–507.
Status: in_force

Notwithstanding any other provision of this subtitle, the provisions of this subtitle relative to exemptions do not impair a:

(1) Vendor’s purchase money lien on land;

(2) Mechanics’ lien;

(3) Tax lien;

(4) Mortgage; deed of trust; or other security interest; or

(5) Lien on land affected by a judgment in favor of a local government for real property maintenance violations or nuisance condition violations that is indexed and recorded in accordance with the Maryland Rules.
Md. Code, Business Occupations and Professions § 11-504 — MD Code / Article gbo / Title 11 / Subtitle 5 / Section 11-504
§11–504.
Status: in_force

(a) A pilot is eligible for payments as an inactive pilot under § 11-505 of this subtitle if the pilot:

(1) (i) chooses to be placed on the list of inactive pilots maintained by the Association; and

(ii) has been, for at least 25 years:

1. a member in good standing of the Association; and

2. licensed by the Board to provide pilotage for vessels of unlimited draft; or

(2) (i) 1. has been certified by two physicians chosen by the Board to be permanently incapable of providing pilotage; or

2. has had a federal or State pilot’s license revoked for physical disability; and

(ii) before becoming permanently disabled, the pilot was:

1. a member in good standing of the Association; and

2. licensed by the Board to provide pilotage for vessels of any draft.

(b) A pilot is eligible for reduced payments as an inactive pilot under § 11-505 of this subtitle if the pilot:

(1) chooses to be placed on the list of inactive pilots maintained by the Association; and

(2) has been, for at least 20 years:

(i) a member in good standing of the Association; and

(ii) licensed by the Board to provide pilotage for vessels of unlimited draft.

(c) Eligibility for payments as an inactive pilot shall cease if:

(1) a pilot who was declared permanently incapable of providing pilotage becomes capable of providing pilotage; or

(2) a pilot who had a federal or State pilot’s license revoked for physical disability has the license reissued.

(d) Time of service as a licensed docking master on or before September 30, 2004, shall be included in determining a pilot’s eligibility for payment as an inactive pilot.

(e) A pilot who held an unlimited docking master license on October 1, 2000, is eligible for reduced payments as an inactive pilot under § 11-505 of this subtitle if the pilot:

(1) chooses to be placed on the list of inactive pilots maintained by the Association; and

(2) has been, for at least 5 years:

(i) a member in good standing of the Association or of the Association of Maryland Docking Pilots; and

(ii) licensed by the Board to provide pilotage for vessels of unlimited draft.
Md. Code, Education § 11-305 — MD Code / Article ged / Title 11 / Subtitle 3 / Section 11-305
§11–305.
Status: in_force

Performance accountability plans developed under this subtitle shall:

(1) Be based on the institutional mission statement and shall include a statement of the outcomes which each institution expects to achieve;

(2) Include multiyear studies which shall include quantifiable indices of student academic performance and development including graduation and retention rates and the results of academic program reviews;

(3) Identify institutional performance objectives appropriate to the mission of the institution in addition to those related to student learning and include reports based on regional and professional accreditation and certification;

(4) In the case of public senior higher education institutions, designate a set of peer institutions to which the institution’s performance will be compared; and

(5) Make provision for improvements, as needed, as a result of the performance accountability report.
Md. Code, Transportation § 11-122 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-122
§11–122.
Status: in_force

(a) “Fixed termini” includes any city, town, village, state line, county line, city line, or any other geographical point marking the beginning or the end of a carriage of property or passengers in this State, if the termini are at least five miles apart.

(b) This definition shall be liberally construed.
Md. Code, Commercial Law § 11-1405 — MD Code / Article gcl / Title 11 / Subtitle 14 / Section 11-1405
§11–1405.
Status: in_force

(a) A person who violates any provision of this subtitle is liable to the person affected by the violation for actual damages caused by the violation and for reasonable attorney’s fees.

(b) In addition to the remedies provided under subsection (a) of this section, a person affected by a violation of this subtitle may:

(1) Bring an action for an injunction against any person who violates any provision of this subtitle; and

(2) Seek any other remedy available at law.

(c) The rights, remedies, and prohibitions provided under this subtitle shall be in addition to and cumulative of any other right, remedy, or prohibition provided under common law, federal law, or any other laws of this State, and nothing contained in this subtitle may be construed to deny, abrogate, or impair any such federal or State common-law or statutory right, remedy, or prohibition.
Md. Code, Transportation § 11-177 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-177
§11–177.
Status: in_force

“Vehicle identification number” means the numerals, letters, or combination of numerals and letters on a vehicle that the Administration designates for the purpose of identifying the vehicle.
Md. Code, Business Regulation § 11-802 — MD Code / Article gbr / Title 11 / Subtitle 8 / Section 11-802
§11–802.
Status: in_force

(a) A licensee may not lend or give money to a person for pari-mutuel betting.

(b) The Commission may adopt regulations to enforce this section.
Md. Code, Criminal Law § 11-209 — MD Code / Article gcr / Title 11 / Subtitle 2 / Section 11-209
§11–209.
Status: in_force

(a) A person may not hire, employ, or use an individual, if the person knows, or possesses facts under which the person should reasonably know, that the individual is a minor, to do or assist in doing an act described in § 11-203 of this subtitle.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(1) for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both; and

(2) for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
Md. Code, Transportation § 11-124 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-124
§11–124.
Status: in_force

“Foreign vehicle” means any vehicle that:

(1) Is of a type required to be registered under Title 13 of this article;

(2) Is brought into this State from any other state or country, otherwise than in the ordinary course of business by or through a manufacturer, distributor, or dealer; and

(3) Is not registered in this State.
Md. Code, Health Occupations § 11-205 — MD Code / Article gho / Title 11 / Subtitle 2 / Section 11-205
§11–205.
Status: in_force

(a) In addition to the powers set forth elsewhere in this title, the Board has the following powers:

(1) Each member of the Board may administer oaths and take affidavits for any matter under the jurisdiction of the Board; and

(2) The Board may adopt rules and regulations to carry out the provisions of this title.

(b) In addition to the duties set forth elsewhere in this title, the Board shall:

(1) Keep a current list showing all:

(i) Licensed optometrists;

(ii) Optometrists who are on inactive status;

(iii) Diagnostically certified optometrists;

(iv) Therapeutically certified optometrists; and

(v) Optometrists against whom action has been taken under § 11–313 of this title;

(2) Keep a full record of its proceedings;

(3) Adopt an official seal; and

(4) Investigate an alleged violation of this title.
Md. Code, Business Regulation § 11-619 — MD Code / Article gbr / Title 11 / Subtitle 6 / Section 11-619
§11–619.
Status: in_force

A licensee shall:

(1) deduct the fee for a driver from the purse of an owner; and

(2) pay the fee to the driver not later than 7 work days after the last day of the month in which the driver earns the fee.
Md. Code, Agriculture § 11-312 — MD Code / Article gag / Title 11 / Subtitle 3 / Section 11-312
§11–312.
Status: in_force

(a) All fluid dairy products, including whole milk, skimmed milk, cultured milk, sweet cream, and buttermilk shall be sold by fluid volume.

(b) Cottage cheese, cottage cheese products, sour cream, and yogurt shall be sold by weight.

(c) (1) Ice cream, ice milk, French ice cream, French custard ice cream, frozen custard, frozen dietary dairy dessert, frozen yogurt, mellorine, parevine, sherbert, water ice, fruit ice, dietary frozen dessert, quiescently frozen confection, or quiescently frozen dairy confection, and any products which are similar in appearance, odor, or taste to such products or are prepared or frozen as such products are customarily prepared or frozen, whether made with dairy products or nondairy products, together with the mixes used in such products and for which a standard has been promulgated by the Secretary of Health, shall be kept, offered, and exposed for sale and sold by fluid volume.

(2) Frozen yogurt shall be sold or offered for sale by weight, whether or not combined with other condiments, if the amount of the frozen yogurt to be purchased is:

(i) Determined by the purchaser; and

(ii) Dispensed by the purchaser.

(d) If hand dipped, any of the items listed in subsection (c) of this section may be sold by weight, fluid volume, or the serving.
Md. Code, Tax - General § 11-210 — MD Code / Article gtg / Title 11 / Subtitle 2 / Section 11-210
§11–210.
Status: in_force

(a) The sales and use tax does not apply to a sale of:

(1) machinery or equipment used to produce bituminous concrete; or

(2) electricity, fuel, and other utilities used to operate that machinery or equipment.

(b) The sales and use tax does not apply to a sale of:

(1) tangible personal property, a digital code, or a digital product used directly and predominantly in a production activity at any stage of operation on the production activity site from the handling of raw material or components to the movement of the finished product, if the tangible personal property, digital code, or digital product is not installed so that it becomes real property;

(2) a melting, smelting, heating, or annealing coke oven, aluminum furnace, anode bake oven, electrolytic pot, cathode, refractory, or other material used in relining and rebuilding a furnace or oven; or

(3) a foundation to support other machinery or equipment or an item required to conform to an air or water pollution law and normally considered part of real property.

(c) The sales and use tax does not apply to a sale of equipment that is used by a retail food vendor to manufacture or process bread or bakery goods for resale if:

(1) the taxable price of each piece of equipment is at least $2,000; and

(2) the retail food vendor operates a substantial grocery or market business, as defined in § 11–206(a) of this subtitle, at the same location where the food is sold.

(d) The sales and use tax does not apply to the sale, on or after January 1, 2000, but before January 1, 2008, of machinery or equipment:

(1) that enables a television or radio station to originate and broadcast or to receive and broadcast digital signals; and

(2) that was or is purchased to comply with or to facilitate compliance with the Telecommunications Act of 1996, Pub. L. 104–104, 110 Stat. 56.

(e) The sales and use tax does not apply to the sale of:

(1) machinery or equipment used directly and predominantly to produce Energy Star windows or Energy Star entry doors for residential real property; or

(2) electricity, fuel, and other utilities used to operate that machinery or equipment.
Md. Code, Financial Institutions § 11-624 — MD Code / Article gfi / Title 11 / Subtitle 6 / Section 11-624
§11–624.
Status: in_force

(a) A person subject to this subtitle may not, in connection with a mortgage loan or loan application:

(1) Make a payment, threat, or promise, directly or indirectly, to another person for the purpose of influencing the person to violate any federal or State law, or any standard of professional practice recognized by the federal or State government; or

(2) Make a payment, threat, or promise, directly or indirectly, to an appraiser of residential real estate for the purpose of influencing the independent judgment of the appraiser with respect to the value of the residential real estate, or engage in any other act or practice that impairs or attempts to impair an appraiser’s independence, objectivity, or impartiality, including:

(i) Withholding or threatening to withhold payment for an appraisal with the intent to coerce the appraiser to agree to a value, range of values, or minimum value for the residential real estate;

(ii) Conditioning the payment of an appraisal fee on the opinion, conclusion, or valuation to be reached by the appraiser; or

(iii) Requesting the appraiser to report a predetermined opinion, conclusion, or valuation.

(b) This section does not prohibit a person subject to this subtitle from:

(1) Requesting another person to:

(i) Consider additional appropriate information;

(ii) Provide additional details, substantiation, or explanation of a conclusion made by the other person; or

(iii) Correct errors in an appraisal report or other mortgage document; or

(2) Withholding payment for an appraisal pending resolution of an action before a federal or State court or licensing board relating to the appraisal.
Md. Code, Business Occupations and Professions § 11-802 — MD Code / Article gbo / Title 11 / Subtitle 8 / Section 11-802
§11–802.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all regulations adopted under this title shall terminate and be of no effect after July 1, 2032.
Md. Code, Criminal Procedure § 11-911 — MD Code / Article gcp / Title 11 / Subtitle 9 / Section 11-911
§11–911.
Status: in_force

There is a State Board of Victim Services in the Governor’s Office of Crime Prevention and Policy.
Md. Code, Commercial Law § 11-1604 — MD Code / Article gcl / Title 11 / Subtitle 16 / Section 11-1604
§11–1604.
Status: in_force

The Attorney General and the Division shall have the same authority under this subtitle to adopt regulations, conduct investigations, and bring civil and criminal actions as provided in Title 13 of this article.
Md. Code, Real Property § 11B-112.2 — MD Code / Article grp / Title 11B / Subtitle 1 / Section 11B-112.2
§11B–112.
Status: in_force

§11B–112.2.

(a) This section applies only to a homeowners association that has responsibility under its declaration for maintaining and repairing common areas.

(b) (1) The board of directors or other governing body of a homeowners association shall cause to be prepared and submitted to the lot owners an annual proposed budget at least 30 days before its adoption.

(2) The annual proposed budget may be sent to each lot owner by electronic transmission, by posting on the homeowners association’s home page, or by including the annual proposed budget in the homeowners association’s newsletter.

(c) The annual budget shall provide for at least the following items:

(1) Income;

(2) Administration;

(3) Maintenance;

(4) Utilities;

(5) General expenses;

(6) Reserves; and

(7) Capital expenses.

(d) (1) Subject to paragraphs (2) and (3) of this subsection and in accordance with the funding plan under § 11B–112.3(f) of this title, reserves provided for in the annual budget under subsection (c) of this section shall:

(i) Be the funding amount recommended in the most recent reserve study or updated reserve study completed under § 11B–112.3 of this title; and

(ii) Be deposited in the reserve account on or before the last day of each fiscal year.

(2) Subject to paragraph (3) of this subsection, if the most recent reserve study was an initial reserve study, the governing body shall, within 5 fiscal years following the fiscal year in which the initial reserve study was completed, attain the annual reserve funding level recommended in the initial reserve study in accordance with the funding plan under § 11B–112.3(f) of this title.

(3) (i) The governing body of a homeowners association may determine by a two–thirds majority vote that the homeowners association and the lot owners are experiencing a financial hardship that limits the ability to fund reserves that are required under paragraph (1) or (2) of this subsection.

(ii) Subject to subparagraphs (iii) through (v) of this paragraph, if a governing body makes a financial hardship determination based on the reserve funding requirements of paragraph (1) or (2) of this subsection:

1. The homeowners association may reasonably deviate from that reserve funding requirement; and

2. The funding level under that requirement shall be at least the funding amount necessary for the purposes specified under § 11B–112.3(f)(3) of this title.

(iii) 1. Except as provided in subsubparagraph 2 of this subparagraph, a homeowners association may not deviate from the reserve funding requirements of paragraph (1) or (2) of this subsection for a period of more than 1 fiscal year following the financial hardship determination.

2. The governing body may renew a financial hardship determination under subparagraph (i) of this paragraph by a two–thirds majority vote to extend the period that a homeowners association may deviate from the reserve funding requirement by 1 fiscal year following the renewal.

(iv) The governing body shall:

1. Make good faith efforts to resolve the financial hardship and resume funding reserves as required under paragraph (1) or (2) of this subsection;

2. Maintain detailed documentation of the good faith efforts made under item 1 of this subparagraph; and

3. Treat the documents under item 2 of this subparagraph as records for examination and copying under § 11B–112 of this title.

(v) 1. All lot owners shall be given reasonable notice in advance of a vote on an initial or a renewal of a financial hardship determination under this paragraph.

2. A vote on an initial or a renewal of a financial hardship determination under this paragraph may only be taken at a regular or special meeting of the homeowners association.

(4) (i) The governing body of a homeowners association shall annually review the reserves and the most recent reserve study or updated reserve study to determine whether there is adequate funding in accordance with the funding plan required under § 11B–112.3(f) of this title.

(ii) The annual review under this paragraph does not require a reserve study or updated reserve study in addition to the reserve study requirements under § 11B–112.3 of this title.

(e) (1) The budget shall be adopted at an open meeting of the homeowners association or any other body to which the homeowners association delegates responsibilities for preparing and adopting the budget.

(2) (i) The board of directors or other governing body of a homeowners association shall submit the adopted annual budget to the lot owners not more than 30 days after the meeting at which the budget was adopted.

(ii) The adopted annual budget may be submitted to each lot owner by electronic transmission, by posting on the homeowners association’s home page, or by inclusion in the homeowners association’s newsletter.

(3) (i) Notice of the meeting at which the proposed budget will be considered shall be sent to each lot owner.

(ii) Notice under subparagraph (i) of this paragraph may be sent by electronic transmission, by posting on the homeowners association’s home page, or by including the notice in the homeowners association’s newsletter.

(f) Except for an expenditure made by the homeowners association because of a condition that, if not corrected, could reasonably result in a threat to the health or safety of the lot owners or a significant risk of damage to the development, any expenditure that would result in an increase in an amount of assessments for the current fiscal year of the homeowners association in excess of 15% of the budgeted amount previously adopted shall be approved by an amendment to the budget adopted at a special meeting for which not less than 10 days’ written notice or notice by electronic transmission shall be provided to the lot owners.

(g) The adoption of a budget does not impair the authority of the homeowners association to obligate the homeowners association for expenditures for any purpose consistent with any provision of this title.
Md. Code, Election Law § 11-403 — MD Code / Article gel / Title 11 / Subtitle 4 / Section 11-403
§11–403.
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, and in accordance with regulations adopted by the State Board, the equipment and documentation of a voting system, including all paper and electronic documentation, shall remain secured following the verification required by § 11-306 of this title until:

(i) the expiration of the period allowed for initiating a recount;

(ii) in the event of a recount, the recount is completed; and

(iii) the resolution of any election contest.

(2) After the expiration of the period specified in paragraph (1) of this subsection, the equipment and documentation of the voting system shall be maintained in accordance with regulations of the State Board.

(b) A voting system may be opened and the documents and equipment associated with it examined in the presence of the officer having custody of the voting system upon:

(1) the order of any court of competent jurisdiction; or

(2) the direction of any legislative committee charged with investigating a contested election affected by the use of the voting system.
Md. Code, Estates and Trusts § 11-105 — MD Code / Article get / Title 11 / Subtitle 1 / Section 11-105
§11–105.
Status: in_force

(a) As used in this section, the words “death benefits” mean death benefits of any kind, including, but not limited to, proceeds of life insurance policies and payments under an employees’ trust or contract purchased by a trust forming part of a pension, stock bonus, or profit–sharing plan, or under a retirement annuity contract.

(b) (1) Death benefits may be made payable to the trustee under a trust agreement, or declaration of trust in existence at the time of the death of the insured, employee, or annuitant.

(2) The death benefits shall be held and disposed of by the trustee in accordance with the terms of the trust as they appear in writing on the date of the death of the insured, employee, or annuitant.

(3) It is not necessary to the validity of a trust agreement or declaration of trust, whether revocable or irrevocable, that it have a trust corpus other than the right of the trustee to receive death benefits.

(c) (1) Death benefits may be made payable to the trustee named, or to be named, in a will of the insured or the owner of the policy, or the employee covered by the plan or contract whether or not the will is in existence at the time of the designation.

(2) On the admission of the will to probate, and the payment of the benefits to the trustee, the benefits shall be held, administered, and disposed of in accordance with the terms of the testamentary trust created by the will.

(d) In the event no trustee makes claim for the death benefits within a period of one year after the date of death of the insured, employee, or annuitant, or if satisfactory evidence is furnished to the insurance company or other obligor within such one–year period that there is or will be no trustee to receive the proceeds, payment shall be made by the insurance company or other obligor to the personal representative of the person making the designation, unless otherwise provided by agreement.

(e) Death benefits payable as provided in this section, unless paid to a personal representative under the provisions of subsection (d) of this section, are not considered part of the estate of the decedent, and are not subject to any obligation to pay taxes, debts, or other charges enforceable against the estate of the decedent, except as provided in § 7–308 of the Tax – General Article.

(f) Death benefits held in trust may be commingled with other assets which may properly come into the trust.
Md. Code, Health Occupations § 11-307 — MD Code / Article gho / Title 11 / Subtitle 3 / Section 11-307
§11–307.
Status: in_force

A license authorizes the licensee to practice optometry while the license is effective.
Md. Code, Real Property § 11B-109 — MD Code / Article grp / Title 11B / Subtitle 1 / Section 11B-109
§11B–109.
Status: in_force

(a) Any vendor, required under § 11B–105, § 11B–106, or § 11B–107 of this title to disclose information to a purchaser, who makes an untrue statement of a material fact, or who omits to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, shall be liable for damages proximately caused by the untrue statement or omission to the person purchasing a lot from that vendor. However, an action may not be maintained to enforce a liability created under this section unless brought within one year after the facts constituting the cause of action have or should have been discovered.

(b) A vendor may not be liable under subsection (a) of this section if the vendor had, after reasonable investigation, reasonable grounds to believe, and did believe, at the time the information required to be disclosed under § 11B–105, § 11B–106, or § 11B–107 of this title was provided to the purchaser, that the statements were true and that there was no omission to state a material fact necessary to make the statements not misleading.

(c) The provisions of this section do not apply to trustees, mortgagees, assignees of mortgagees or other persons selling a lot in an action to foreclose a mortgage or deed of trust.
Md. Code, Alcoholic Beverages and Cannabis § 11-602 — MD Code / Article gab / Title 11 / Subtitle 6 / Section 11-602
§11–602.
Status: in_force

A Class B beer license may not be issued in the county.
Md. Code, Insurance § 11-301 — MD Code / Article gin / Title 11 / Subtitle 3 / Section 11-301
§11–301.
Status: in_force

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

(b) “Competitive market” means any market except those which, by application of the standards in § 11-306 of this subtitle, have been determined to be noncompetitive under § 11-308(c) of this subtitle.

(c) “Market” means the interaction between buyers and sellers of a particular line of insurance in a geographical area consisting of not less than one entire county.
Md. Code, Financial Institutions § 11-509 — MD Code / Article gfi / Title 11 / Subtitle 5 / Section 11-509
§11–509.
Status: in_force

(a) When an applicant for a license files the application and bond and pays the fees required by § 11-507 of this subtitle, the Commissioner shall investigate to determine if the applicant meets the requirements of § 11-506 of this subtitle.

(b) The Commissioner shall approve or deny each application for a license within 60 days after the date when the application and bond are filed and the fees are paid.

(c) The Commissioner shall issue a license to any applicant who meets the requirements of this subtitle.
Md. Code, Economic Development § 11-322 — MD Code / Article gec / Title 11 / Subtitle 3 / Section 11-322
§11–322.
Status: in_force

(a) Except as provided in subsection (b) of this section, the authority is exempt from any requirement to pay any taxes or assessments on its properties, activities, or any revenue from its properties or activities.

(b) Property that the authority sells or leases to a private entity is subject to State and local property taxes from the time of the sale or lease.
Md. Code, Real Property § 11B-113.1 — MD Code / Article grp / Title 11B / Subtitle 1 / Section 11B-113.1
§11B–113.
Status: in_force

§11B–113.1.

(a) Notwithstanding language contained in the governing documents of a homeowners association, the homeowners association may provide notice of a meeting or deliver information to a lot owner by electronic transmission if:

(1) The board of directors or other governing body of the homeowners association gives the homeowners association the authority to provide notice of a meeting or deliver information by electronic transmission;

(2) The lot owner gives the homeowners association prior written authorization to provide notice of a meeting or deliver information by electronic transmission; and

(3) An officer or agent of the homeowners association certifies in writing that the homeowners association has provided notice of a meeting or delivered material or information as authorized by the lot owner.

(b) Notice or delivery by electronic transmission shall be considered ineffective if:

(1) The homeowners association is unable to deliver two consecutive notices; and

(2) The inability to deliver the electronic transmission becomes known to the person responsible for sending the electronic transmission.

(c) The inadvertent failure to deliver notice by electronic transmission does not invalidate any meeting or other action.
Md. Code, Criminal Procedure § 11-110.1 — MD Code / Article gcp / Title 11 / Subtitle 1 / Section 11-110.1
§11–110.
Status: in_force

§11–110.1.

(a) In this section, “health care provider” has the meaning stated in § 18–336 of the Health – General Article.

(b) (1) A circuit court judge or a District Court judge may issue an emergency order to obtain an oral swab from a person to be tested for the presence of HIV whenever it is made to appear to a judge, by application as described in paragraph (2) of this subsection, that there is probable cause to believe that the person has caused prohibited exposure to a victim.

(2) An application for an emergency order shall be:

(i) made as soon as possible after the alleged prohibited exposure, and in no event later than 72 hours after the alleged prohibited exposure;

(ii) in writing, signed and sworn to by the applicant, and accompanied by an affidavit that sets forth the basis to believe that the person from whom an oral swab is requested has caused a prohibited exposure to a victim;

(iii) sealed; and

(iv) subject to rules developed by the Supreme Court of Maryland.

(3) An emergency order issued under this subsection shall meet the requirements under § 1–203 of this article.

(4) The Supreme Court of Maryland may adopt rules to carry out the requirements of this subsection.

(c) (1) A law enforcement officer who has obtained an oral swab from a person pursuant to an emergency order issued in accordance with this section shall deliver the oral swab to a local health official or health care provider to be tested for the presence of HIV.

(2) A test for the presence of HIV shall be immediately performed on the sample.

(d) After receiving the results of a test conducted under subsection (c) of this section, the local health officer or health care provider immediately shall provide the results to:

(1) the victim or victim’s representative; and

(2) the person from whom the oral swab was taken.

(e) The results of a test conducted under subsection (c) of this section are:

(1) subject to the disclosure restriction in § 11–114 of this subtitle; and

(2) not admissible as evidence of guilt or innocence in a criminal proceeding arising out of the alleged prohibited exposure.

(f) The Maryland Department of Health shall adopt regulations to carry out the requirements of subsections (c) through (g) of this section.

(g) A health care provider that offers the immediate testing of a sample under subsection (c) of this section shall adopt procedures to meet the requirements under this section.
Md. Code, Corporations and Associations § 11-416 — MD Code / Article gca / Title 11 / Subtitle 4 / Section 11-416
§11–416.
Status: in_force

An order may not be entered under any part of §§ 11-412 through 11-415 of this subtitle, except § 11-413(a), without:

(1) Appropriate prior notice to the applicant or registrant, or person submitting a notice filing, as well as the employer or prospective employer if the applicant or registrant is an agent or investment adviser representative;

(2) Opportunity for hearing; and

(3) Written findings of fact and conclusions of law.
Md. Code, Health - General § 11-103 — MD Code / Article ghg / Title 11 / Subtitle 1 / Section 11-103
§11–103.
Status: reserved

The contracting states solemnly agree that:

Article I

The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bear no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.

Article II

As used in this compact:

(1) “Sending state” shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent.

(2) “Receiving state” shall mean a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent.

(3) “Institution” shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency.

(4) “Patient” shall mean any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact.

(5) “After-care” shall mean care, treatment and services provided a patient, as defined herein, on convalescent status or conditional release.

(6) “Mental illness” shall mean mental disease to such extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community.

(7) “Mental deficiency” shall mean mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing himself and his affairs, but shall not include mental illness as defined herein.

(8) “State” shall mean any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

Article III

(a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or mental deficiency, he shall be eligible for care and treatment in an institution in that state irrespective of his residence, settlement or citizenship qualifications.

(b) The provisions of paragraph (a) of this article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the patient’s full record with due regard for the location of the patient’s family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate.

(c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this article unless the sending state has given advance notice of its intention to send the patient; furnished all available medical and other pertinent records concerning the patient; given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish; and unless the receiving state shall agree to accept the patient.

(d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that he would be taken if he were a local patient.

(e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time any such further transfer of the patient may be made as seems likely to be in the best interest of the patient.

Article IV

(a) Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive after-care or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that after-care in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such after-care in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient’s intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent.

(b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive after-care or supervision in the receiving state.

(c) In supervising, treating, or caring for a patient on after-care pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care, and treatment that it employs for similar local patients.

Article V

Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he shall be detained in the state where found pending disposition in accordance with law.

Article VI

The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference.

Article VII

(a) No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state.

(b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.

(c) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.

(d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact.

(e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a non-party state relating to institutionalization, care or treatment of the mentally ill, mentally deficient, or any statutory authority pursuant to which such agreement may be made.

Article VIII

(a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any patient’s guardian on his own behalf or in respect of any patient for whom he may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances; provided, however, that in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion, to relieve a guardian appointed by it or continue his power and responsibility, whichever it shall deem advisable. The court in the receiving state may in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment.

(b) The term “guardian” as used in paragraph (a) of this article shall include any guardian, trustee, legal committee, conservator, or other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a patient.

Article IX

(a) No provision of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution.

(b) To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency.

Article X

(a) Each party state shall appoint a “compact administrator” who, on behalf of his state, shall act as general coordinator of activities under the compact in his state and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by his state either in the capacity of sending or receiving state. The compact administrator or his duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder.

(b) The compact administrators of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact.

Article XI

The duly constituted administrative authorities of any two or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact.

Article XII

This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein.

Article XIII

(a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. However, the withdrawal of any state shall not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provisions of the compact.

(b) Withdrawal from any agreement permitted by Article VII (b) as to costs or from any supplementary agreement made pursuant to Article XI shall be in accordance with the terms of such agreement.

Article XIV

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Md. Code, Insurance § 11-405 — MD Code / Article gin / Title 11 / Subtitle 4 / Section 11-405
§11–405.
Status: in_force

(a) The Commissioner shall require that each title insurer subject to this subtitle provide to the Commissioner on a uniform basis financial data and any other information that the Commissioner requires in the regulation of rates.

(b) The financial data to be provided shall include:

(1) rates, taxes, general expenses, allocated and unallocated loss adjustment expenses, licenses, and fees; and

(2) all other expenses that relate to the procurement of business not specifically listed as commissions, including dividends, retainers, stock, office space, or any other valuable consideration.

(c) The information to be provided under this section shall be supplied on forms provided by the Commissioner.
Md. Code, Tax - General § 11-701 — MD Code / Article gtg / Title 11 / Subtitle 7 / Section 11-701
§11–701.
Status: in_force

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

(b) (1) “Engage in the business of an out–of–state vendor” means to sell or deliver tangible personal property or a taxable service for use in the State or a digital product or digital code to a customer tax address in the State.

(2) “Engage in the business of an out–of–state vendor” includes:

(i) permanently or temporarily maintaining, occupying, or using any office, sales or sample room, or distribution, storage, warehouse, or other place for the sale of tangible personal property, a digital code, a digital product, or a taxable service directly or indirectly through an agent or subsidiary;

(ii) having an agent, canvasser, representative, salesman, or solicitor operating in the State for the purpose of delivering, selling, or taking orders for tangible personal property, a digital code, a digital product, or a taxable service; or

(iii) entering the State on a regular basis to provide service or repair for tangible personal property or a digital product.

(c) (1) “Engage in the business of a retail vendor” means to sell or deliver tangible personal property, a digital code, a digital product, or a taxable service in the State.

(2) “Engage in the business of a retail vendor” includes liquidating a business that sells tangible personal property, a digital code, a digital product, or a taxable service, when the liquidator holds out to the public that the business is conducted by the liquidator.

(d) (1) “License” means a license issued by the Comptroller:

(i) to engage in the business of an out–of–state vendor;

(ii) to engage in the business of a retail vendor; or

(iii) to engage in the business of a marketplace facilitator.

(2) “License” includes a special license issued under § 11–707 of this subtitle.
Md. Code, Economic Development § 11-201 — MD Code / Article gec / Title 11 / Subtitle 2 / Section 11-201
§11–201.
Status: in_force

In this subtitle, “Council” means the Maryland Military Installation Council.
Md. Code, Transportation § 11-101.1 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-101.1
§11–101.
Status: in_force

§11–101.1.

“Active duty” has the meaning stated in § 9–901 of the State Government Article.
Md. Code, Commercial Law § 11-101 — MD Code / Article gcl / Title 11 / Subtitle 1 / Section 11-101
§11–101.
Status: in_force

It is the policy of the State of Maryland to oppose restraints of trade and unfair trade practices in the form of foreign discriminatory boycotts not specifically authorized by the law of the United States which are fostered or imposed by foreign persons, foreign governments or international organizations against any domestic individual on the basis of race, color, creed, religion, sex or national origin. It is also the policy of the State of Maryland to oppose those actions, including the formation of agreements, understandings or contractual arrangements, expressed or implied, which have the effect of furthering or supporting these discriminatory boycotts, in order that the peace, health, safety, prosperity and general welfare of all the inhabitants of the State may be protected and ensured. It is the further policy of the State of Maryland not to impede domestic or foreign commerce, the free flow of goods in commerce, or actions reasonably necessary to protect goods moving in commerce. The State of Maryland recognizes the right of Maryland firms to decide whether to enter into commercial agreements with foreign firms, provided the agreement does not contravene U.S. foreign policy or any federal or Maryland laws and the agreement does not discriminate against domestic individuals entitled to the benefit of the laws of Maryland on the basis of race, color, creed, religion, sex or national origin, and the right of Maryland firms to decide whether to enter into a commercial agreement with a foreign firm that would advance the political and economic interests of a foreign country provided that agreement does not contravene U.S. foreign policy or federal or Maryland laws and does not discriminate against domestic individuals entitled to the benefits of the laws of Maryland on the basis of race, color, creed, religion, sex, or national origin. This subtitle shall be deemed an exercise of the police power of the State of Maryland for the protection of the people of this State, and shall be administered and principally enforced by the Attorney General of the State of Maryland. The provisions of this subtitle shall be construed liberally so as to effectuate this declaration of policy and the laws and Constitution of the United States, but nothing in this subtitle shall be construed to infringe upon the right of the United States government to regulate interstate and foreign commerce.
Md. Code, Labor and Employment § 11-506 — MD Code / Article gle / Title 11 / Subtitle 5 / Section 11-506
§11–506.
Status: in_force

In accordance with § 102 of the federal Act, the Governor shall submit to the Secretary a State plan that includes the workforce initiatives of State agencies and outlines a 4–year strategy for the statewide workforce development system of the State. The Governor’s plan shall include, but not be limited to, those items set forth in § 102 of the federal Act.
Md. Code, Real Property § 11A-125 — MD Code / Article grp / Title 11A / Subtitle 1 / Section 11A-125
§11A–125.
Status: in_force

(a) Remedies provided by this title shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential, special, or punitive damages may not be awarded except as specifically provided in this title or by other rule of law.

(b) A court, upon finding as a matter of law that a sales contract or a clause in a contract was unconscionable at the time the contract was made, may refuse to enforce the entire contract or refuse to enforce the remainder of the contract without such unconscionable clause or limit the application of any unconscionable clause in order to avoid an unconscionable result.

(c) If a developer or any other person fails to comply with any provision of this title or the time-share instrument, any person adversely affected by the failure to comply has a claim for appropriate relief. Punitive damages may be awarded for the willful and wanton failure to comply with this title. The court may also award reasonable attorney’s fees to the prevailing party.

(d) Any purported conveyance, encumbrance, judicial sale, foreclosure sale, or other voluntary or involuntary transfer of a time-share made without the use period which is part of that time-share is void.

(e) Penalties and remedies provided in this title are in addition to penalties and remedies available under any other law.

(f) If any provision of this title or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect the other provisions or applications of this title which can be given effect without the invalid provisions or application, and to this end the provisions of this title are severable.
Md. Code, Business Regulation § 11-508 — MD Code / Article gbr / Title 11 / Subtitle 5 / Section 11-508
§11–508.
Status: in_force

(a) If an applicant qualifies for a license under this title, the Commission shall send the applicant a notice stating:

(1) the fact that the applicant has qualified for a license;

(2) the dates of the race meeting awarded;

(3) the total number of racing days awarded; and

(4) the kind of racing to be held.

(b) Before the Commission may issue a license to an applicant, the applicant shall pay to the Commission a license fee of $25 for each racing day of a race meeting.

(c) A licensee shall pay each year $3,000 to the Maryland Horse Breeders Association, Inc.
Md. Code, Business Regulation § 11-602 — MD Code / Article gbr / Title 11 / Subtitle 6 / Section 11-602
§11–602.
Status: in_force

This subtitle applies only to harness racing licenses and to licensees who have been awarded racing days to hold harness racing.
Md. Code, Criminal Procedure § 11-102 — MD Code / Article gcp / Title 11 / Subtitle 1 / Section 11-102
§11–102.
Status: in_force

(a) If practicable, a victim or victim’s representative who has filed a notification request form under § 11-104 of this subtitle has the right to attend any proceeding in which the right to appear has been granted to a defendant.

(b) As provided in § 9-205 of the Courts Article, a person may not be deprived of employment solely because of job time lost because the person attended a proceeding that the person has a right to attend under this section.
Md. Code, State Personnel and Pensions § 11-206 — MD Code / Article gsp / Title 11 / Subtitle 2 / Section 11-206
§11–206.
Status: in_force

(a) Except as provided in subsections (b) and (c) of this section:

(1) employees in a class are to be laid off based on seniority points; and

(2) the employee in the class with less seniority points shall be laid off before others in the class with higher seniority points.

(b) If two or more employees in the same class have an equal number of seniority points, the employee with less points for total State employment shall be laid off first.

(c) If two or more employees in the same class have an equal number of seniority points and the same number of points for total State employment, the appointing authority shall:

(1) determine which employee to retain by making a written evaluation of the skills, knowledge, or abilities of each employee; and

(2) submit the evaluation to the Secretary.
Md. Code, Local Government § 11-402 — MD Code / Article glg / Title 11 / Subtitle 4 / Section 11-402
§11–402.
Status: reserved

(a) (1) In this section, “local community” means an incorporated or unincorporated community, other than a municipality, with a governing board that is elected by the property owners or residents of the community.

(2) “Local community” includes a community association or similar association or a special taxing district if the association or district has a governing board elected by the property owners or residents of the community.

(b) This section applies only if a county establishes a department of public facilities and services and assumes the responsibilities of a sanitary district or commission or a water or sewer authority under § 11–401 of this subtitle.

(c) Subject to subsections (d) and (e) of this section, the county commissioners may enter into an agreement with the governing body of a municipality or a governing board of a local community that transfers responsibility for water or sewerage services to the municipality or local community.

(d) An agreement made under this section shall be in writing and shall require that:

(1) the municipality or local community continues to serve any area, within or outside its boundaries, that is served by the facilities transferred when the transfer occurs;

(2) any increase in fees or taxes for water or sewerage services following the transfer be applied uniformly within and outside the boundaries of the municipality or local community;

(3) the municipality or local community, in accordance with the agreement, assumes legal responsibility for the payment of principal of and interest on any applicable outstanding bonds issued by the county or by a water or sewer authority or a sanitary district or commission with respect to facilities being transferred to the municipality or local community;

(4) the disposal of sewage sludge by the municipality or local community be conducted in accordance with county regulations;

(5) the municipality or local community honors, in accordance with the agreement, any obligation that exists when the transfer occurs, for the treatment at a treatment facility of leachate generated at a landfill in the county;

(6) the municipality or local community complies with the terms of any grant or requirement involving a federal or State agency concerning facilities or operations transferred to the municipality under the agreement; and

(7) any revenues from an entity abolished under § 11–401 of this subtitle and transferred under the agreement remain dedicated for the purpose collected and are not transferred into the municipality’s or local community’s general fund.

(e) An agreement made under this section shall specify:

(1) the obligation of the parties to cooperate in the operation of any laboratory, the sharing of equipment, and other related matters in which the county and municipality or local community might mutually benefit;

(2) the obligation of the parties to satisfy any vested retirement rights of employees who transfer from the county to the municipality or local community under the agreement;

(3) the obligation of the parties to assure the maintenance of salary levels, retirement benefits, insurance benefits, vacation benefits, leave time, seniority levels, and other employee benefits, which are in effect for county employees who transfer to the municipality or local community under the agreement; and

(4) any other matter relating to water or sewerage services on which the county and municipality or local community agree that are consistent with this section.
Md. Code, Health Occupations § 11-402 — MD Code / Article gho / Title 11 / Subtitle 4 / Section 11-402
§11–402.
Status: in_force

(a) If, while providing optometric services to a patient, an optometrist or diagnostically certified optometrist detects or diagnoses an active eye pathology which the optometrist is not licensed or certified to treat under § 11-404 or § 11-404.2 of this subtitle, the optometrist shall refer the patient to:

(1) An ophthalmologist or a therapeutically certified optometrist, as appropriate;

(2) The patient’s physician;

(3) A physician if required under a managed care contract; or

(4) A hospital emergency room or ambulatory surgical center if necessary.

(b) If, while providing optometric services to a patient, a therapeutically certified optometrist diagnoses an active eye pathology that the optometrist is not certified to treat under § 11-404.2 of this subtitle, the optometrist shall refer the patient to:

(1) An ophthalmologist;

(2) The patient’s physician;

(3) A physician if required under a managed care contract; or

(4) A hospital emergency room if necessary.
Md. Code, Criminal Procedure § 11-631 — MD Code / Article gcp / Title 11 / Subtitle 6 / Section 11-631
§11–631.
Status: in_force

(a) A person may not willfully fail:

(1) to submit to the Attorney General a copy of all written terms and a summary of all oral terms of a notoriety of crimes contract described in § 11-622 of Part II of this subtitle; or

(2) to pay over to the Attorney General any money or other consideration as this subtitle requires.

(b) (1) A person who violates this section is subject to a civil penalty of not less than $10,000 for each offense and not exceeding 3 times the notoriety of crimes contract amount.

(2) If two or more persons are subject to the penalties provided in this section, those persons shall be jointly and severally liable for the payment of the penalty imposed.

(3) After notice and opportunity to be heard is provided, the Attorney General by order may assess the penalties described in this subsection.

(4) A penalty assessed under this subsection that is not paid within 30 days after the date of the order shall bear interest at the rate of 1% per month, compounded monthly.

(5) (i) An action to recover a civil penalty assessed under this subsection may be brought by the Attorney General in a court of competent jurisdiction within 6 years after the cause of action accrues.

(ii) Any money recovered under subparagraph (i) of this paragraph shall be paid into the State Victims of Crime Fund that is established under § 11-916 of this title.
Md. Code, Criminal Procedure § 11-928 — MD Code / Article gcp / Title 11 / Subtitle 9 / Section 11-928
§11–928.
Status: in_force

(a) The Governor’s Office of Crime Prevention and Policy shall establish and sustain child advocacy centers in the State and ensure that every child in the State has access to a child advocacy center.

(b) The child advocacy centers:

(1) may be based in private nonprofit organizations, local departments of social services, local law enforcement agencies, or a partnership among any of these entities;

(2) shall be developed and located to facilitate their use by alleged victims residing in the surrounding areas;

(3) shall assist in the response to or investigation of allegations of sexual crimes against children under Title 3, Subtitle 3 of the Criminal Law Article and sexual abuse of minors under Title 3, Subtitle 6 of the Criminal Law Article and Title 5, Subtitle 7 of the Family Law Article;

(4) may assist in the response to or investigation of allegations of child abuse and neglect under Title 3, Subtitle 6 of the Criminal Law Article and Title 5, Subtitle 7 of the Family Law Article and allegations of a crime of violence in the presence of a minor under § 3–601.1 of the Criminal Law Article;

(5) shall provide a level of care that meets or exceeds the national accreditation standards for child advocacy centers established by the Maryland Statewide Organization for Child Advocacy Centers under subsection (d) of this section; and

(6) shall be included in all joint investigation procedures developed in accordance with § 5–706 of the Family Law Article.

(c) The Governor’s Office of Crime Prevention and Policy may contract with public or private nonprofit organizations to operate child advocacy centers.

(d) (1) The Governor’s Office of Crime Prevention and Policy shall contract with a nonprofit organization that is qualified under § 501(c)(3) of the Internal Revenue Code and represents urban, rural, and suburban child advocacy centers in the State to establish a Maryland Statewide Organization for Child Advocacy Centers.

(2) The purpose of the Maryland Statewide Organization for Child Advocacy Centers is to provide training, technical assistance, data collection, and capacity building to meet local, State, and national requirements for child advocacy centers.

(3) The Maryland Statewide Organization for Child Advocacy Centers shall establish standards for child advocacy centers in the State that meet national accreditation standards for child advocacy centers and shall include:

(i) multidisciplinary teams that include representation from law enforcement, prosecutors, child protective services, the medical and mental health fields, and victim advocacy;

(ii) cultural competency and diversity;

(iii) forensic interviews that are neutral, fact–finding, and avoid duplicative interviewing;

(iv) victim support and advocacy for children and caregivers, including appropriate counseling, legal, and medical services or referrals;

(v) medical evaluations;

(vi) mental health services;

(vii) a formal case review process;

(viii) a case tracking, monitoring, and outcomes process;

(ix) organizational capacity;

(x) creating a child–focused setting that is comfortable, safe, and private; and

(xi) any additional necessary standards.

(e) Money for child advocacy centers:

(1) shall be distributed to child advocacy centers in accordance with a formula agreed on by the Maryland Statewide Organization for Child Advocacy Centers and the Governor’s Office of Crime Prevention and Policy;

(2) shall be used to supplement, not supplant, money that the program receives from other sources; and

(3) may be used to assist child advocacy centers in meeting the standards under subsection (d) of this section.

(f) On or before June 1 each year, the Governor’s Office of Crime Prevention and Policy shall submit an annual report, in accordance with § 2–1257 of the State Government Article, on child advocacy centers to the General Assembly.
Md. Code, Correctional Services § 11-318 — MD Code / Article gcs / Title 11 / Subtitle 3 / Section 11-318
§11–318.
Status: in_force

(a) The center director shall establish the terms and conditions of the center with the advice of the community advisory board.

(b) The center director may revoke the participation of an incarcerated individual in a center if the incarcerated individual violates the terms or conditions of the center.
Md. Code, Business Occupations and Professions § 11-204 — MD Code / Article gbo / Title 11 / Subtitle 2 / Section 11-204
§11–204.
Status: in_force

(a) A majority of the authorized membership of the Board is a quorum.

(b) The Board shall determine the times and places of its meetings.

(c) (1) Subject to paragraph (2) of this subsection and to the State budget, each member of the Board is entitled to:

(i) compensation of $500 per year, to be paid out of money that the Board collects; and

(ii) reimbursement for expenses under the Standard State Travel Regulations.

(2) The Secretary or designee of the Secretary is not entitled to compensation under this subsection.

(d) The Board may employ a staff in accordance with the State budget.
Md. Code, Insurance § 11-214 — MD Code / Article gin / Title 11 / Subtitle 2 / Section 11-214
§11–214.
Status: in_force

(a) Each insurer that provides a private passenger automobile insurance policy shall provide to the policyholder at the time of issuance or renewal of the policy a statement that:

(1) defines the policyholder’s rate classifications; and

(2) if the insurer is an authorized insurer, includes a summary, in a form approved by the Commissioner, of the insurer’s approved surcharge plan or driver record point plan for that policy.

(b) The statement must be sufficiently clear and specific so that an individual of average intelligence can identify the classifications without making further inquiry.
Md. Code, Business Occupations and Professions § 11-208 — MD Code / Article gbo / Title 11 / Subtitle 2 / Section 11-208
§11–208.
Status: in_force

(a) There is an incident committee within the Board.

(b) The chairperson of the Board shall appoint one pilot member of the Board and one steamship industry member of the Board to the incident committee.

(c) The incident committee shall:

(1) review all complaints filed with the Board and all reports of incidents filed by a licensed pilot; and

(2) make a recommendation to the full Board on the disposition of each matter.

(d) Before making a recommendation, the incident committee may request the Department to appoint an individual with experience in the investigation of maritime casualties to prepare a report on the underlying facts of a complaint or incident arising under § 11-409(a)(5) of this title.
Md. Code, Labor and Employment § 11-302 — MD Code / Article gle / Title 11 / Subtitle 3 / Section 11-302
§11–302.
Status: in_force

(a) This subtitle does not apply to reductions in operations if the reduction:

(1) results solely from labor disputes;

(2) occurs in a commercial, industrial, or agricultural enterprise operated by this State or its political subdivisions;

(3) occurs at construction sites or other temporary workplaces;

(4) results from seasonal factors that are determined by the Department to be customary in the industry; or

(5) results when an employer files for bankruptcy under federal bankruptcy laws.

(b) For the purposes of this subtitle, an employee may not be counted in the determination of a reduction in operations if the employee accepts an offer to transfer to any other site of employment within 30 days after being offered the transfer.
Md. Code, Transportation § 11-105 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-105
§11–105.
Status: in_force

“Bus” means:

(1) A motor vehicle that is designed to carry more than ten passengers and is used to carry people; and

(2) Any other motor vehicle that is designed and used to carry people for compensation, except for a taxicab.
Md. Code, Business Occupations and Professions § 11-404 — MD Code / Article gbo / Title 11 / Subtitle 4 / Section 11-404
§11–404.
Status: in_force

(a) To qualify for an unlimited license, an applicant shall be an individual who meets the requirements of this section.

(b) An applicant who did not hold a limited license prior to October 1, 2004, shall have held a limited license and have provided pilotage for at least 3 years.

(c) An applicant shall possess sufficient ability, skill, and experience for the unlimited license as determined by the Board through observation of the applicant’s performance providing pilotage.

(d) An applicant shall meet any other requirements that the Board establishes.
Md. Code, Business Occupations and Professions § 11-206 — MD Code / Article gbo / Title 11 / Subtitle 2 / Section 11-206
§11–206.
Status: in_force

(a) The Board shall receive all fees and other charges collectible under §§ 11–406 and 11–408 of this title.

(b) Except as otherwise provided by law, the Board shall pay all money collected under this title into the General Fund of the State.

(c) The compensation of the Board and reimbursement for expenses under the Standard State Travel Regulations shall be as provided in the State budget.
Md. Code, Education § 11-404 — MD Code / Article ged / Title 11 / Subtitle 4 / Section 11-404
§11–404.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, an institution of higher education approved by the Commission to operate in the State that does not possess regional accreditation from the Commission on Accreditation of the Middle States Commission on Higher Education or another regional accrediting body approved by the Commission shall require its students to sign a letter of acknowledgment that the transfer of credits may be difficult if the student intends to transfer the credits to a regionally accredited institution of higher education in the State.

(2) An institution of higher education in the State that does not possess regional accreditation from a regional accrediting body referenced in paragraph (1) of this subsection is exempt from the requirements of this section if the institution of higher education has written articulation agreements with three or more regionally accredited institutions of higher education in the State.

(b) The institution shall keep on file the letter of acknowledgment required under subsection (a) of this section while the student attends the institution and for 2 years or more after the student completes the course.

(c) The Commission shall:

(1) Create a template for the letter of acknowledgment required under subsection (a) of this section; and

(2) Post the template on the Commission’s website.
Md. Code, Public Utilities § 11-208 — MD Code / Article gpu / Title 11 / Subtitle 2 / Section 11-208
§11–208.
Status: in_force

(a) The Commission may impose on a person who violates this subtitle or a regulation adopted in accordance with this subtitle a civil penalty that does not exceed the maximum penalties provided in 49 U.S.C. Chapter 601 (Hazardous Liquid Pipeline Safety Act).

(b) Each day a violation continues is a separate violation under this section.

(c) To determine the amount of a penalty imposed under this section, the Commission shall consider:

(1) the nature, circumstances, and gravity of the violation;

(2) with respect to the violator:

(i) the degree of culpability;

(ii) any history of prior violations;

(iii) the ability to pay;

(iv) any effect on the ability to continue doing business; and

(v) good faith in attempting to comply; and

(3) other matters that justice requires.
Md. Code, Public Utilities § 11-205 — MD Code / Article gpu / Title 11 / Subtitle 2 / Section 11-205
§11–205.
Status: in_force

(a) Each year an intrastate pipeline operator shall submit an annual report on the state of its pipeline facility to the Commission and to each owner of real property:

(1) on which the pipeline facility is located; or

(2) adjacent to or contiguous to real property on which the pipeline facility is located.

(b) The annual report shall include:

(1) a summary description of the system that includes the pipeline facility;

(2) a description of the product transported in the pipeline facility and system;

(3) State and local emergency response liaison information;

(4) a description of the leak detection system in use for the pipeline facility;

(5) a description of periodic testing methods used on the pipeline facility and a summary of results of the testing; and

(6) any other information that the Commission requires.

(c) The Commission shall make annual reports available to the public, including publication using the Internet.

(d) At least once every 5 years, an intrastate pipeline operator shall:

(1) identify each owner of real property on which the pipeline facility is located;

(2) notify each property owner of the presence of the pipeline facility on the owner’s property;

(3) verify that each property owner has received the notice; and

(4) provide to the Commission a current list of all property owners.
Md. Code, Financial Institutions § 11-219 — MD Code / Article gfi / Title 11 / Subtitle 2 / Section 11-219
§11–219.
Status: in_force

(a) A licensee may not sell a loan account to any person who is not licensed under this subtitle.

(b) A loan account that is acquired by a person who is not licensed under this subtitle is not enforceable.
Md. Code, Transportation § 11-117.1 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-117.1
§11–117.
Status: in_force

§11–117.1.

(a) “Electric bicycle” means a vehicle that:

(1) Is designed to be operated by human power with the assistance of an electric motor;

(2) Is equipped with fully operable pedals;

(3) Has two or three wheels;

(4) Has a motor with a rating of 750 watts or less; and

(5) Meets one of the requirements of subsection (b) of this section.

(b) (1) A Class 1 electric bicycle is equipped with a motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour.

(2) A Class 2 electric bicycle is equipped with a motor that provides assistance whether or not the rider is pedaling the bicycle and ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour.

(3) A Class 3 electric bicycle is equipped with a motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour.
Md. Code, Transportation § 11-150.1 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-150.1
§11–150.
Status: in_force

§11–150.1.

(a) “Ridesharing” means any nonprofit commuting service used in transporting commuters exclusively between their place of residence and their place of employment, or termini near such places. The term ridesharing includes both carpool and vanpool, defined as follows:

(1) A carpool uses a motor vehicle that is a Class A passenger car or station wagon having a seating capacity of not more than 9 persons, including the driver; and

(2) A vanpool uses a motor vehicle that is a Class J van having a seating capacity of not less than 7 nor more than 15 passengers, including the driver.

(b) “Ridesharing” does not include a commuter service provided by a for-hire transportation company.
Md. Code, Business Regulation § 11-520 — MD Code / Article gbr / Title 11 / Subtitle 5 / Section 11-520
§11–520.
Status: reserved

(a) The requirements of this section are established in recognition of the significance of the Preakness Stakes to the State.

(b) The Preakness Stakes may be transferred to another track in the State only:

(1) as a result of a disaster or emergency; or

(2) during the reconstruction of Pimlico Race Course, subject to the approval of the Maryland Thoroughbred Racetrack Operating Authority.

(c) If the Preakness Stakes is transferred out of the State, the Commission may:

(1) revoke any racing days awarded to the Maryland Jockey Club of Baltimore City, Inc., or its successor; and

(2) award these racing days to another licensee, notwithstanding § 11-511(b) of this subtitle.

(d) (1) If the Preakness Stakes is offered for sale, the State has the option to buy the Preakness Stakes for the amount of any offer that the licensee wishes to accept.

(2) Within 30 days after receiving an offer that it wishes to accept, the licensee shall give the State notice of the offer.

(3) If the State wishes to exercise the option, it shall so notify the licensee within 60 days after it receives the notice.
Md. Code, Business Regulation § 11-1203 — MD Code / Article gbr / Title 11 / Subtitle 12 / Section 11-1203
§11–1203.
Status: in_force

(a) The Authority consists of the following 15 members:

(1) the Baltimore City Planning Director;

(2) ten members, five of whom shall be business owners, residents, or service providers of the areas described in § 9–1A–31(a)(3)(ii) of the State Government Article, appointed by the Mayor of Baltimore City, with the advice and consent of the Senate;

(3) the State Senators representing legislative districts 40 and 41; and

(4) one State Delegate representing legislative district 40 and one State Delegate representing legislative district 41, each appointed by the Speaker of the House.

(b) The Mayor of Baltimore City shall appoint the Chair of the Authority, subject to confirmation by the Baltimore City Council.

(c) (1) The term of a member appointed by the Mayor is 3 years.

(2) The terms of members are staggered as required by the terms provided for members on October 1, 2005.

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

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

(5) At the end of a term, resignation, or removal of a member, the Mayor shall appoint a new member to the Authority.

(d) A member may be removed by the Mayor for incompetence, misconduct, or failure to perform the duties of the position.
Md. Code, Business Regulation § 11-704 — MD Code / Article gbr / Title 11 / Subtitle 7 / Section 11-704
§11–704.
Status: in_force

(a) (1) The licensee shall deduct from the handle:

(i) all the breakage; and

(ii) an amount not to exceed 25%.

(2) Excluding the breakage, of the amount the licensee deducts from the handle, 36% of that amount shall be paid to the Commission, which shall send it to the Comptroller to be credited to the Fair Hill Improvement Fund established in § 5–908 of the Natural Resources Article.

(b) Money that remains after deductions are made under subsection (a) of this section shall be returned as winnings to successful bettors.
Md. Code, Commercial Law § 11-8A-03 — MD Code / Article gcl / Title 11 / Subtitle 8A / Section 11-8A-03
§11–8A–03.
Status: in_force

Notwithstanding the subsequent purchase of the work of fine art by the art dealer directly or indirectly for the art dealer’s own account, a work of fine art that is bailment property when initially accepted by the art dealer remains bailment property until the purchase price, minus the agreed upon commission, is paid in full to the artist.
Md. Code, Criminal Procedure § 11-1101 — MD Code / Article gcp / Title 11 / Subtitle 11 / Section 11-1101
§11–1101.
Status: in_force

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

(b) “Director” means the Director of the Victim Services Unit.

(c) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

(d) “Unit” means the Victim Services Unit.
Md. Code, Commercial Law § 11-105 — MD Code / Article gcl / Title 11 / Subtitle 1 / Section 11-105
§11–105.
Status: in_force

Except for purposes of a criminal prosecution, if the Attorney General believes that a person is in possession, custody or control of any documents relevant to the subject matter of an investigation of a possible violation of this subtitle, he may demand and obtain the production of these documents in the manner provided for by § 11–205 of this title.
Md. Code, Business Occupations and Professions § 11-703 — MD Code / Article gbo / Title 11 / Subtitle 7 / Section 11-703
§11–703.
Status: in_force

After receiving notice, a licensed pilot may not refuse to aid a vessel that is in distress:

(1) within 18 nautical miles south of Cape Henry;

(2) within 18 nautical miles east of Cape Henry;

(3) in the Chesapeake Bay; or

(4) in ports of Maryland.
Md. Code, Housing and Community Development § 11-106 — MD Code / Article ghs / Title 11 / Subtitle 1 / Section 11-106
§11–106.
Status: in_force

The State Treasurer shall invest money in the Fund in the same way as other State money.
Md. Code, Alcoholic Beverages and Cannabis § 11-2007 — MD Code / Article gab / Title 11 / Subtitle 20 / Section 11-2007
§11–2007.
Status: in_force

(a) Except as provided in subsection (b) of this section and § 11–2006 of this subtitle, a licensed premises may not remain open to the public or to a private person for any purpose for more than 15 minutes after the hours and days of sale specified in this title, even if alcoholic beverages are not sold.

(b) (1) The Board may allow a license holder to sell food or other nonalcoholic items until a specified time if:

(i) the applicant satisfies the Board that suitable precautions have been taken to prevent the sale or consumption of alcoholic beverages on the licensed premises after the hours of closing; and

(ii) the applicant holds:

1. a Class B license;

2. a motel/hotel–restaurant complex license, as described in § 11–907 of this title;

3. a Class A license, with retail sales of alcoholic beverages not exceeding 25% of the license holder’s total retail volume; or

4. a Class H license.

(2) The Board shall issue a permit to a license holder who receives permission to sell nonalcoholic items under this subsection.

(c) The annual fee for the privilege to sell food or other nonalcoholic items after hours is $10.

(d) A person who violates this section is subject to the same penalty imposed for selling alcoholic beverages after hours.
Md. Code, Health Occupations § 11-319 — MD Code / Article gho / Title 11 / Subtitle 3 / Section 11-319
§11–319.
Status: in_force

The Board may reinstate the license of any individual whose license has been suspended or revoked under this title only in accordance with:

(1) The terms and conditions of the order of suspension or revocation;

(2) An order of reinstatement issued by the Board; or

(3) A final judgment in any proceeding for review.
Md. Code, Real Property § 11-142 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-142
§11–142.
Status: reserved

(a) Except as otherwise provided in this section, this title is applicable to all condominiums. However, with respect to condominiums established before July 1, 1982, the declaration or master deed, bylaws, or condominium plat need not be amended to comply with the requirements of this title.

(b) Except to the extent that the declaration or master deed, bylaws, or plat provide otherwise, §§ 11–114 and 11–123 of this title are applicable to all condominiums.

(c) Unless the developer elects to conform to the requirements of § 11–120 of this title, § 11–120 of this title is not applicable to those condominiums created prior to July 1, 1974, under circumstances where the developer reserved the right to expand the condominium.

(d) As to condominiums created prior to July 1, 1981, compliance with § 11–124 of this title as in effect on June 30, 1981, is deemed compliance with § 11–126 of this title as effective on July 1, 1981.

(e) Section 11–133 of this title is applicable only to leases or management and similar contracts executed after July 1, 1974.

(f) Sections 11–127, 11–131, 11–136, 11–137, 11–138, 11–139, and 11–140 of this title do not apply to the conversion of residential rental property for which a notice of intention to create a condominium was issued before July 1, 1981, if:

(1) (i) On or before March 15, 1982, units in the residential rental property have been publicly offered for sale as condominium units; and

(ii) On or before March 15, 1982, 35 percent of the units in the residential rental property are under a contract to be sold pursuant to a bona fide, arm’s length transaction;

(2) (i) On or before March 15, 1982, the residential rental property has been subjected to a condominium regime, or, in the case of an expanding condominium, the residential rental property is shown on the condominium plat filed on or before March 15, 1982;

(ii) Units in the condominium have been publicly offered for sale on or before April 15, 1982; and

(iii) On or before May 15, 1982, at least 10 percent of the units in the condominium, or in the case of an expanding condominium, 10 percent of the total number of units to be contained in the condominium as fully expanded, are under a contract to be sold in a bona fide, arm’s length transaction; or

(3) A developer or its affiliate entered into a contract to purchase the residential rental property between January 1, 1980, and December 31, 1980, and the developer or its affiliate does not meet the requirements of paragraph (1) or (2) of this subsection. Such a developer or its affiliate shall comply with §§ 11–136 and 11–137 of this title.
Md. Code, Real Property § 11A-107 — MD Code / Article grp / Title 11A / Subtitle 1 / Section 11A-107
§11A–107.
Status: reserved

The time-share instrument for a time-share license plan shall prescribe and outline reasonable arrangements for the management and operation of the time-share license plan and for the maintenance, repair, and furnishing of time-share units, which arrangements shall include provisions for the following:

(1) Standards and procedures for housekeeping, repair, and interior furnishing of time-share units;

(2) Adoption of standards and rules of conduct governing the use, enjoyment, and occupancy of time-share units by licensees;

(3) Payment by the developer of time-share expenses;

(4) Selection of a managing entity to act for and on behalf of the developer should the developer elect not to undertake the duties, responsibilities, and obligations of being the managing entity for the time-share license plan;

(5) Procedures for establishing the rights of time-share licensees to occupancy, use, and enjoyment of time-share units by prearrangement or under a first reserved, first served priority system;

(6) Procedures for assessment and collection of time-share expenses from time-share licensees;

(7) Comprehensive general liability insurance for death, bodily injury, and property damage arising out of, or in connection with, the occupancy, use, and enjoyment of time-share units by time-share licensees, their guests, and other users. The insurance required by this subsection shall be in addition to the insurance required by § 11A-111 of this title. The developer shall pay the costs of securing and maintaining the insurance. Nothing herein shall be construed to obligate the developer to secure insurance on the conduct, personal effects, or property of the time-share licensees, their guests, and other users;

(8) Methods of providing an alternate use period or monetary compensation to a time-share licensee if a time-share unit cannot be made available for the period to which the licensee is entitled by schedule or by a confirmed reservation; and

(9) Procedures for imposing a monetary penalty or a suspension of a time-share licensee’s rights upon failure to comply with the provisions of the time-share instrument, to obey rules and regulations established by the developer, or to pay time-share expenses charged against the time-share licensee. The licensee shall be given notice and the opportunity to answer in person or in writing to the Commission before a decision to impose a monetary penalty or a suspension of rights is rendered.
Md. Code, Health Occupations § 11-303 — MD Code / Article gho / Title 11 / Subtitle 3 / Section 11-303
§11–303.
Status: in_force

To apply for a license, an applicant shall:

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

(2) Pay to the Board the application fee set by the Board; and

(3) Submit to a criminal history records check in accordance with § 11–302.1 of this subtitle.
Md. Code, Business Regulation § 11-701 — MD Code / Article gbr / Title 11 / Subtitle 7 / Section 11-701
§11–701.
Status: in_force

This subtitle applies only to the licensee that is the Cecil County Breeders’ Fair, Inc., or its successor.
Md. Code, Corporations and Associations § 11-208 — MD Code / Article gca / Title 11 / Subtitle 2 / Section 11-208
§11–208.
Status: in_force

(a) In this section, “Fund” means the Securities Act Registration Fund.

(b) There is a Securities Act Registration Fund.

(c) The purpose of the Fund is to help fund the direct and indirect costs of administering and enforcing the Maryland Securities Act.

(d) The Commissioner shall administer the Fund.

(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

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

(f) The Fund consists of:

(1) Fees distributed to the Fund under § 11–407(a)(2) of this title;

(2) Money appropriated in the State budget to the Fund; and

(3) Any other money from any other source accepted for the benefit of the Fund.

(g) The Fund may be used to administer and enforce the Maryland Securities Act and to support the general operations of the Maryland Office of the Attorney General.

(h) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

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

(i) Expenditures from the Fund may be made only in accordance with the State budget.

(j) Money expended from the Fund used to administer and enforce the Maryland Securities Act is supplemental to and is not intended to take the place of funding that otherwise would be appropriated to administer and enforce the Maryland Securities Act.
Md. Code, Insurance § 11-503 — MD Code / Article gin / Title 11 / Subtitle 5 / Section 11-503
§11–503.
Status: in_force

(a) An order or decision of the Commissioner under this title is subject to judicial review by appeal to the Circuit Court for Baltimore City.

(b) (1) Within 30 days after the issuance of an order or decision of the Commissioner, an appeal may be commenced by filing a notice of appeal with the Circuit Court for Baltimore City and a copy of the notice of appeal with the Commissioner.

(2) If an appeal is not commenced under paragraph (1) of this subsection, the right to appeal no longer exists.

(3) The Commissioner shall be made a party to each appeal under this section.

(c) (1) After a copy of the notice of appeal is filed with the Commissioner, the Commissioner shall prepare or cause to be prepared an official record.

(2) The official record:

(i) shall be certified by the Commissioner;

(ii) shall include a copy of:

1. all proceedings;

2. the findings and order of the Commissioner; and

3. a transcript of any testimony and exhibits or records; and

(iii) may be in typewritten form.

(3) If a hearing was not held by the Commissioner on the matter that is the subject of the appeal, the Commissioner shall prepare and certify a transcript of the files in the office of the Commissioner relating to the matter.

(4) Within 30 days after a copy of the notice of appeal is filed with the Commissioner, the Commissioner shall file the official record with the Circuit Court for Baltimore City.

(d) (1) Except as provided in paragraph (2) of this subsection, the filing of the notice of appeal acts as a stay of a ruling, order, or decision of the Commissioner pending the final determination of the issue if the ruling, order, or decision relates to an increase or decrease of premiums or rate or to a change in a rating system.

(2) Paragraph (1) does not apply if the ruling, order, or decision approves or allows a filing of an insurer or rating organization.

(e) (1) Within 60 days after the date of the filing of a notice of appeal, the Circuit Court for Baltimore City shall:

(i) hear and decide the appeal; and

(ii) affirm, reverse, or modify the order or decision of the Commissioner from which the appeal is taken.

(2) The Circuit Court for Baltimore City shall reverse or modify the order or decision of the Commissioner wholly or partly if the court finds that the order or decision:

(i) is not supported by the preponderance of the evidence on consideration of the record as a whole; or

(ii) is not in accordance with law.

(f) (1) An appeal to the Appellate Court of Maryland may be taken from the decision of the Circuit Court for Baltimore City as in other civil cases.

(2) The Commissioner shall be made a party to each appeal to the Appellate Court of Maryland under paragraph (1) of this subsection.
Md. Code, Correctional Services § 11-719 — MD Code / Article gcs / Title 11 / Subtitle 7 / Section 11-719
§11–719.
Status: in_force

(a) This section applies only in Queen Anne’s County.

(b) While confined in the Queen Anne’s County Jail, an incarcerated individual employed under § 11–602 of this title shall pay:

(1) court–ordered payments, including restitution payments; and

(2) the reasonable cost of the food, lodging, and clothing of the incarcerated individual.

(c) The County Commissioners shall:

(1) establish a reasonable per diem rate for the food, lodging, and clothing of an incarcerated individual; and

(2) designate the Warden of the Queen Anne’s County Jail as the agent to collect the costs and payments specified in this section.
Md. Code, Real Property § 11-111.1 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-111.1
§11–111.
Status: in_force

§11–111.1.

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

(2) “Family child care home” has the meaning stated in § 9.5–301 of the Education Article.

(3) “Family child care provider” has the meaning stated in § 9.5–301 of the Education Article.

(4) “Large family child care home” has the meaning stated in § 9.5–301 of the Education Article.

(5) “No–impact home–based business” means a business that:

(i) Is consistent with the residential character of the dwelling unit;

(ii) Is subordinate to the use of the dwelling unit for residential purposes and requires no external modifications that detract from the residential appearance of the dwelling unit;

(iii) Uses no equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference detectable by neighbors or that causes an increase of common expenses that can be solely and directly attributable to a no–impact home–based business; and

(iv) Does not involve use, storage, or disposal of any grouping or classification of materials that the United States Secretary of Transportation or the State or any local governing body designates as a hazardous material.

(b) The provisions of this section relating to no–impact home–based businesses do not apply to a condominium that:

(1) Has adopted, prior to July 1, 1999, procedures in accordance with its covenants, declaration, or bylaws for the regulation or prohibition of no–impact home–based businesses; or

(2) Is restricted for occupancy to individuals over a specified age.

(c) (1) Subject to the provisions of subsection (d) of this section, a recorded covenant or restriction, a provision in a declaration, or a provision of the bylaws or rules of a condominium:

(i) May not prohibit or restrict:

1. The establishment and operation of family child care homes or large family child care homes; or

2. The use of the roads, sidewalks, and other common elements of the condominium by users of the family child care home or large family child care home; and

(ii) If the recorded covenant or restriction, provision in a declaration, or provision of the bylaws or rules of a condominium otherwise prohibits or restricts commercial or business activity in general but does not expressly apply to no–impact home–based businesses, may not be construed to prohibit or restrict no–impact home–based businesses.

(2) Subject to the provisions of subsection (d) of this section, the operation of a family child care home, large family child care home, or no–impact home–based business shall be:

(i) Considered a residential activity; and

(ii) A permitted activity.

(3) A recorded covenant or restriction, a provision in a declaration, or a provision of the bylaws or rules of a condominium may not limit the number of children for which a family child care home or large family child care home provides family child care to below the number authorized by the State Department of Education.

(d) (1) (i) Subject to the provisions of paragraphs (2) and (3) of this subsection, a condominium may include in its declaration, bylaws, or rules and restrictions a provision expressly prohibiting the use of a unit as a no–impact home–based business.

(ii) A provision described under subparagraph (i) of this paragraph expressly prohibiting the use of a unit as a no–impact home–based business shall apply to an existing no–impact home–based business in the condominium.

(2) A provision described under paragraph (1)(i) of this subsection expressly prohibiting the use of a unit as a no–impact home–based business may not be enforced unless it is approved by a simple majority of the total eligible voters of the condominium under the voting procedures contained in the declaration or bylaws of the condominium.

(3) If a condominium includes in its declaration, bylaws, or rules and restrictions, a provision prohibiting the use of a unit as a no–impact home–based business, it shall also include a provision stating that the prohibition may be eliminated and no–impact home–based businesses may be approved by a simple majority of the total eligible voters of the condominium under the voting procedures contained in the declaration or bylaws of the condominium.

(4) If a condominium includes in its declaration, bylaws, or rules and restrictions a provision expressly prohibiting the use of a unit as a no–impact home–based business, the prohibition may be eliminated and no–impact home–based business activities may be permitted by the approval of a simple majority of the total eligible voters of the condominium under the voting procedures contained in the declaration or bylaws of the condominium.

(e) A condominium may include in its declaration, bylaws, or rules and restrictions a provision that:

(1) Requires family child care providers to pay on a pro rata basis based on the total number of family child care homes or large family child care homes operating in the condominium any increase in insurance costs of the condominium that are solely and directly attributable to the operation of family child care homes or large family child care homes in the condominium; and

(2) Imposes a fee for use of common elements in a reasonable amount not to exceed $50 per year on each family child care home, large family child care home, or no–impact home–based business which is registered and operating in the condominium.

(f) (1) The condominium may require residents to notify the condominium before opening a family child care home or large family child care home.

(2) The condominium may require residents to notify the condominium before opening a no–impact home–based business.

(g) (1) A family child care provider in a condominium:

(i) Shall obtain the liability insurance described under §§ 19–106 and 19–203 of the Insurance Article in at least the minimum amount described under that statute; and

(ii) May not operate without the liability insurance described under item (i) of this paragraph.

(2) A condominium may not require a family child care provider to obtain insurance in an amount greater than the minimum amount required under paragraph (1) of this subsection.

(h) A condominium may restrict or prohibit a no–impact home–based business in any common elements.

(i) To the extent that this section is inconsistent with any other provision of this title, this section shall take precedence over any inconsistent provision.
Md. Code, Commercial Law § 11-402 — MD Code / Article gcl / Title 11 / Subtitle 4 / Section 11-402
§11–402.
Status: in_force

This subtitle does not apply to an advertisement, offer to sell, retail sale, or wholesale sale, if the merchandise:

(1) Is sold in a bona fide clearance sale and is so advertised and marked;

(2) Must be sold promptly in order to prevent loss;

(3) Is imperfect, damaged, or being discontinued and is so advertised and marked;

(4) Is sold on the final liquidation of a business;

(5) Is sold for charitable purposes or to relief agencies;

(6) Is sold on contract to a department of a government or governmental institution;

(7) Is sold by an officer acting under the order or direction of a court;

(8) Is sold at a price set in good faith to meet competition; or

(9) Is motor fuel sold by a retail service station dealer.
Md. Code, Education § 11-804 — MD Code / Article ged / Title 11 / Subtitle 8 / Section 11-804
§11–804.
Status: in_force

On or before October 1 of each year, the Maryland Digital Library Advisory Council shall submit a report regarding the financial status and operations of the Maryland Digital Library over the past fiscal year to the Commission.
Md. Code, Labor and Employment § 11-1601 — MD Code / Article gle / Title 11 / Subtitle 16 / Section 11-1601
§11–1601.
Status: in_force

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

(b) “Board” means the Governor’s Workforce Development Board.

(c) “Division” means the Division of Workforce Development and Adult Learning.

(d) “Fund” means the Talent Innovation Fund.

(e) “Program” means the Talent Innovation Program.
Md. Code, Financial Institutions § 11-618 — MD Code / Article gfi / Title 11 / Subtitle 6 / Section 11-618
§11–618.
Status: in_force

The employment of a mortgage loan originator licensed under this subtitle by a mortgage lender does not relieve the mortgage lender of a responsibility under this subtitle or under Subtitle 5 of this title, a rule or regulation adopted under this subtitle or under Subtitle 5 of this title, or a law governing mortgage lending in the State.
Md. Code, Land Use § 11-205 — MD Code / Article glu / Title 11 / Subtitle 2 / Section 11-205
§11–205.
Status: in_force

(a) If a person that receives a citation for a violation fails to pay the fine by the date of payment set forth in the citation and fails to file a notice of intention to stand trial, the zoning official shall mail a notice of the violation to the person’s last known address.

(b) If the person that receives the citation does not pay or otherwise satisfy the citation within 15 days after the date the notice of violation is mailed, the person shall be subject to an additional fine not exceeding twice the amount of the original fine.

(c) (1) If the person that receives the citation does not pay or otherwise satisfy the citation within 35 days after the notice of violation is mailed, the zoning official may request the District Court to adjudicate the violation.

(2) If the zoning official requests adjudication, the District Court shall:

(i) schedule the case for trial; and

(ii) summon the defendant to appear.
Md. Code, Education § 11-202 — MD Code / Article ged / Title 11 / Subtitle 2 / Section 11-202
§11–202.
Status: in_force

(a) (1) Except as provided in § 11–202.1 of this subtitle, an institution of postsecondary education may not commence or continue to operate, do business, or function without a certificate of approval from the Commission.

(2) Except as provided in §§ 11–202.1 and 11–202.2 of this subtitle, an institution of higher education that enrolls Maryland students in a fully online distance education program in the State may not commence or continue enrollment of Maryland students without registering with the Commission as provided under § 11–202.2 of this subtitle.

(3) An institution required to register under paragraph (2) of this subsection that is not accredited by an accrediting body recognized and approved by the United States Department of Education may not receive a registration from the Commission.

(b) The Commission shall issue a certificate of approval to an institution of postsecondary education if it finds that:

(1) The facilities, conditions of entrance and scholarship, and educational qualifications and standards are adequate and appropriate for:

(i) The purposes of the institution; and

(ii) The programs, training, and courses to be offered by the institution; and

(2) The proposed programs to be offered by the institution meet the educational needs of the State.

(c) (1) If the Commission believes that an institution of postsecondary education that applies for a certificate of approval does not meet the conditions or standards necessary for the issuance of the certificate, the Commission shall give the institution written notice of the specific deficiencies.

(2) (i) Within 20 days of receipt of a notice of deficiencies, the institution may request a hearing before the Commission.

(ii) Within 60 days of receipt of the request the Commission shall hold a hearing to determine if the certificate of approval should be issued.

(3) If, within 6 months from the date on which the application for certification was submitted to the Commission, the institution has received neither a certificate of approval under subsection (b) of this section nor written notice of deficiencies under this subsection, the institution may request within 20 days a hearing before the Commission to determine if the certificate of approval should be issued.

(c–1) (1) If the Commission believes that an institution of higher education that is required to register under subsection (a)(2) of this section or § 11–202.2 of this subtitle does not meet the conditions or standards necessary for the issuance of the registration, the Commission shall give the institution written notice of the specific deficiencies within 6 months after receipt of an application for registration.

(2) (i) Within 20 days after receipt of a notice of deficiencies, the institution may request a hearing before the Commission.

(ii) Within 60 days after receipt of the request for a hearing under subparagraph (i) of this paragraph, the Commission shall hold a hearing to determine if the registration should be issued.

(3) (i) If, after 6 months from the date on which the application for registration was submitted to the Commission, the institution has received neither a registration nor written notice of deficiencies under this subsection, the institution may request a hearing within 20 days before the Commission.

(ii) Within 60 days after receipt of the request for a hearing under subparagraph (i) of this paragraph, the Commission shall hold a hearing to determine if the registration should be issued.

(4) After a hearing held under this subsection, the Commission shall render a decision within 30 days.

(d) (1) Any institution of postsecondary education that is denied a certificate of approval by the Commission after a hearing granted under subsection (c) of this section or any institution of higher education that is denied a registration after a hearing granted under subsection (c–1) of this section has the right to judicial review provided by Title 10, Subtitle 2 of the State Government Article.

(2) The decision of the Commission shall be presumed correct, and the institution has the burden of proving otherwise.

(3) The Commission shall be a party to the proceeding.
Md. Code, Commercial Law § 11-115 — MD Code / Article gcl / Title 11 / Subtitle 1 / Section 11-115
§11–115.
Status: in_force

This subtitle may be cited as the Maryland Foreign Discriminatory Boycotts Act.
Md. Code, Criminal Procedure § 11-809 — MD Code / Article gcp / Title 11 / Subtitle 8 / Section 11-809
§11–809.
Status: in_force

(a) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a claimant shall file a claim within 4 years after the later of:

(i) the discovery of the occurrence of the crime or delinquent act or the death of the victim; or

(ii) the earlier of:

1. the date the claimant discovered an attempt to obtain a reversal of a conviction, a sentence, or an adjudication for the crime or delinquent act; or

2. the date the claimant, exercising ordinary diligence, should have discovered an attempt to obtain a reversal of a conviction, a sentence, or an adjudication for the crime or delinquent act.

(2) In a case of child abuse, a claimant may file a claim at any time.

(3) In a case where the filing of a claim was delayed as the result of a delay in the testing of DNA or a delay in DNA profile matching from a sexual assault forensic examination kit or biological material related to a sexual offense, a claimant shall file a claim within 4 years after notification of the results of the testing or DNA profile matching.

(4) A claimant may file a claim at any time if the Board determines that there was good cause for failure to file a claim within the time limits provided under paragraphs (1) and (3) of this subsection.

(b) (1) Claims shall be filed in the office of the Board:

(i) in person;

(ii) by mail; or

(iii) electronically, in the manner provided under procedures established by the Board.

(2) The Board shall:

(i) accept for filing each claim that meets the requirements of this subtitle and the regulations of the Board; and

(ii) notify the claimant within 10 days after receipt of the claim.

(c) (1) (i) In this subsection, “debt collection activities” means:

1. repeatedly calling or writing to a claimant or other person eligible for benefits associated with a claim and threatening to refer the unpaid health care matter, funeral expense, or other death–related expense to a debt collection agency or an attorney for collection; or

2. filing a legal action or pursuing any legal process or legal proceeding.

(ii) “Debt collection activities” does not include routine billing or inquiries about the status of the claim.

(2) When a claimant files a claim under this subtitle, all health care providers, as defined in § 3–2A–01 of the Courts Article and § 4–301(h) of the Health – General Article and persons that have provided funeral or death–related services in relation to the death of a victim, that have been given notice of a pending claim shall refrain from all debt collection activities relating to the claim until a final decision is made by the Executive Director on the claim.

(3) On filing by a party of a notice of a claim filed under this subtitle, a court shall stay all proceedings in an action related to health care or funeral or death–related services provided to a claimant in connection with the claim until the court is notified that a final decision on the claim has been made.

(4) Claimants under this subtitle are protected under the Maryland Consumer Debt Collection Act in Title 14, Subtitle 2 of the Commercial Law Article.

(5) (i) A health care provider or person that has provided funeral or death–related services who receives notice that a claim has been filed under this subtitle may notify the Board in writing of the debt owed by the claimant in connection with the claim.

(ii) If a health care provider or person that has provided funeral or death–related services notifies the Board under subparagraph (i) of this paragraph, the Board shall notify the health care provider or person that has provided funeral or death–related services in writing when a final decision is made on the claim.

(6) After a final decision on the claim under this subtitle, a health care provider or person that has provided funeral or death–related services that has received notice of a pending claim under this subtitle may engage in debt collection activities or file a civil action in court until the later of:

(i) the expiration of the time for filing a civil action in court; or

(ii) 6 months after the date of the final decision on the claim under this subtitle.
Md. Code, Criminal Procedure § 11-927 — MD Code / Article gcp / Title 11 / Subtitle 9 / Section 11-927
§11–927.
Status: in_force

(a) In this section, “Committee” means the Maryland Sexual Assault Evidence Kit Policy and Funding Committee.

(b) The General Assembly finds that:

(1) there is a lack of consistent policies regarding sexual assault evidence collection in the State;

(2) effective policies regarding collection of medical forensic evidence are an important component of providing sexual assault victims with access to justice and of holding the perpetrators of sexual assaults accountable;

(3) sexual assault evidence collection exams are unavailable at many hospitals;

(4) there is a shortage of forensic nurse examiners qualified to perform sexual assault evidence collection;

(5) law enforcement agencies lack a uniform approach for testing and retaining sexual assault evidence kits;

(6) hospitals, law enforcement agencies, and others in the justice system lack the resources and funding necessary to ensure consistency in sexual assault evidence collection; and

(7) policies regarding sexual assault evidence collection are part of the justice system and require coordination with multiple State agencies and victim services providers.

(c) The purposes of this section are to:

(1) provide for a statewide sexual assault evidence kit policy and funding committee to increase access to justice for sexual assault victims;

(2) hold the perpetrators of sexual assault accountable;

(3) increase availability of sexual assault evidence collection exams; and

(4) create effective statewide policies regarding the collection, testing, and retention of medical forensic evidence in sexual assault cases.

(d) (1) There is a Maryland Sexual Assault Evidence Kit Policy and Funding Committee.

(2) The Committee consists of the following members:

(i) the following members of the Senate of Maryland, appointed by the President of the Senate, as ex officio members:

1. one member of the Senate Budget and Taxation Committee; and

2. one member of the Senate Judicial Proceedings Committee;

(ii) the following members of the House of Delegates, appointed by the Speaker of the House, as ex officio members:

1. one member of the House Appropriations Committee; and

2. one member of the House Judiciary Committee;

(iii) the Attorney General, or the Attorney General’s designee;

(iv) the Superintendent of the State Police, or the Superintendent’s designee;

(v) the Secretary of Human Services, or the Secretary’s designee who has expertise in responding to child sexual abuse;

(vi) the Secretary of Health, or the Secretary’s designee who has expertise in the procurement of sexual assault evidence kits;

(vii) the Executive Director of the Criminal Injuries Compensation Board, or the Executive Director’s designee;

(viii) the following members appointed by the Attorney General:

1. one representative of the Maryland State’s Attorneys’ Association;

2. the Executive Director of the Maryland Coalition Against Sexual Assault, or the Executive Director’s designee;

3. one representative of the Maryland Association of Chiefs of Police;

4. one representative of a legal services program or agency that works primarily to represent sexual assault victims;

5. one forensic nurse examiner who works in a county in which there is more than one hospital; and

6. one representative of a crime lab who has expertise in sexual assault forensic evidence kit analysis; and

(ix) the following members appointed by the Governor:

1. one representative of the State Board of Nursing who has expertise in forensic nursing; and

2. one representative of the Governor’s Office of Crime Prevention and Policy.

(3) The Attorney General, or the Attorney General’s designee, is the Committee chair.

(4) A member of the Committee:

(i) may not receive compensation as a member of the Committee; but

(ii) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(5) (i) The term of an appointed member of the Committee is 4 years.

(ii) The terms of the appointed members are staggered as required by the terms provided for members of the Committee on June 1, 2017.

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

(iv) 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.

(6) A majority of the authorized membership of the Committee is a quorum.

(7) (i) The Committee shall meet quarterly at the times and places that the Committee determines.

(ii) The Committee may hold additional meetings at the call of the Committee chair or any six members of the Committee after giving proper notice in the manner provided in the rules of the Committee.

(e) (1) The Committee shall develop and disseminate best practices information and recommendations regarding:

(i) the testing and retention of sexual assault evidence collection kits;

(ii) coordination between State agencies, victim services providers, local law enforcement, and local sexual assault response teams;

(iii) payment for sexual assault evidence collection kits;

(iv) increasing the availability of sexual assault evidence collection exams for alleged victims of sexual assault;

(v) reducing the shortage of forensic nurse examiners;

(vi) increasing the availability of information to sexual assault victims regarding:

1. criminal prosecutions of sexual assault crimes;

2. civil law remedies available to victims of sexual assault;

3. sexual assault evidence collection kits; and

4. victim rights;

(vii) creating and operating a statewide sexual assault evidence collection kit tracking system that is accessible to victims of sexual assault and law enforcement; and

(viii) establishing an independent process to review and make recommendations regarding a decision of a law enforcement agency not to test a sexual assault evidence collection kit.

(2) The Committee may adopt rules governing the administration and proceedings of the Committee.

(f) The Attorney General, in consultation with the Committee, shall adopt regulations based on the Committee’s recommendations providing for the collection, testing, and retention of sexual assault evidence collection kits in the State.

(g) (1) The Committee shall evaluate State and local funding needs to determine whether funding allocations are sufficient and appropriate to implement the best practices developed by the Committee under subsection (e) of this section and the regulations adopted by the Attorney General under subsection (f) of this section.

(2) The Committee’s evaluation under this subsection shall include considerations of whether the costs associated with hospital personnel training and the availability of sexual assault examinations may be included as part of a hospital’s required community benefit.

(h) In fiscal year 2018 and in each fiscal year thereafter, the Governor shall include funds in the State budget to implement this section, including funds to:

(1) employ a full–time Assistant Attorney General to:

(i) staff the Committee; and

(ii) assist with the implementation of regulations adopted under this section; and

(2) operate and maintain an office.

(i) On or before January 1 annually, beginning January 1, 2019, the Committee shall report on the Committee’s activities during the prior fiscal year to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
Md. Code, Transportation § 11-134.3 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-134.3
§11–134.
Status: in_force

§11–134.3.

“Motor home” means a motor vehicle that is designed and constructed primarily to provide living quarters for recreational, camping, or travel use.
Md. Code, Corporations and Associations § 11-507 — MD Code / Article gca / Title 11 / Subtitle 5 / Section 11-507
§11–507.
Status: in_force

(a) Every registration statement shall specify:

(1) The amount of securities to be offered in this State;

(2) The states in which a registration statement or similar document in connection with the offering has been or is to be filed; and

(3) Any adverse order, judgment, or decree entered in connection with the offering by the regulatory authorities in each state, any court, or the Securities and Exchange Commission.

(b) Any document filed under this subtitle may be incorporated by reference in the registration statement to the extent that the document is currently accurate.

(c) The Commissioner by rule or otherwise may permit the omission of any item of information or document from any registration statement.
Md. Code, Commercial Law § 11-1209 — MD Code / Article gcl / Title 11 / Subtitle 12 / Section 11-1209
§11–1209.
Status: in_force

This subtitle may be cited as the “Maryland Uniform Trade Secrets Act”.
Md. Code, Labor and Employment § 11-505 — MD Code / Article gle / Title 11 / Subtitle 5 / Section 11-505
§11–505.
Status: in_force

(a) The Governor’s Workforce Development Board is established and shall have the membership as provided in § 101 of the federal Act.

(b) (1) Subject to subsection (a) of this section, the members of the Governor’s Workforce Development Board shall be appointed by the Governor for staggered terms set by the Governor by executive order.

(2) To the extent practicable, the composition of the Governor’s Workforce Development Board shall reflect the race, gender, and geographic diversity of the population of the State.

(c) The Governor’s Workforce Development Board shall be funded consistent with §§ 101 and 128 of the federal Act and shall have personnel and appropriations as are provided in the State budget.

(d) The Governor’s Workforce Development Board shall perform the duties and functions identified in § 101 of the federal Act and other functions designated by the Governor as necessary to improve the quality of the State’s workforce.

(e) The Governor’s Workforce Development Board may adopt any rule or regulations necessary to carry out its powers and duties.

(f) As soon after January 1 of each year as reasonably possible, the Governor’s Workforce Development Board shall submit an annual report to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly.

(g) (1) Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the Board meetings held during any consecutive 12–month period while the member was serving on the Board.

(2) 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.

(3) In accordance with § 8–501 of the State Government Article, the chair shall provide notice to the Governor and the Governor shall appoint a successor.
Md. Code, Education § 11-1802 — MD Code / Article ged / Title 11 / Subtitle 18 / Section 11-1802
§11–1802.
Status: in_force

§11–1802. IN EFFECT

// EFFECTIVE UNTIL JULY 31, 2027 PER CHAPTER 342 OF 2024 //

(a) There is a Financial Well–Being Pilot Program at the University of Maryland, College Park Campus and Morgan State University.

(b) The purpose of the Pilot Program is to provide comprehensive financial guidance, support, and coaching to help students who may benefit from financial coaching services.

(c) The Pilot Program shall be administered at each participating institution of higher education jointly by the Commission and the governing entity of the participating institution.
Md. Code, Agriculture § 11-315 — MD Code / Article gag / Title 11 / Subtitle 3 / Section 11-315
§11–315.
Status: in_force

(a) All liquid fuel shall be sold by liquid measure or by net weight in accordance with the provisions of § 11–304 of this subtitle. Price lists of liquid fuel shall be posted or otherwise made available upon request.

(b) Upon delivery of liquid fuel not in package form and in an amount greater than ten gallons in the case of sale by liquid measure, or 100 pounds in the case of sale by weight, a delivery ticket or written statement shall be delivered to the purchaser, either at the time of delivery or within a period mutually agreed upon in writing or otherwise between the vendor and the purchaser. The delivery ticket or a written statement shall have the following information clearly readable in ink or by means of other indelible marking equipment:

(1) The name and address of the vendor;

(2) The name and address of the purchaser;

(3) The identity of the type of fuel comprising the delivery;

(4) The unit price, that is, the price per gallon or per pound of the fuel delivered;

(5) In the case of sale by liquid measure, the liquid volume of the delivery, together with any meter readings from which the liquid volume is computed, expressed in terms of the gallon and its binary or decimal subdivisions; and

(6) In the case of sale by weight, the net weight of the delivery, together with any weighing scale readings from which the net weight is computed, expressed in terms of tons or pounds avoirdupois.

(c) The provisions of subsection (b) of this section do not apply to deliveries of liquid fuel made on the premises of the vendor if the vendor is supplying the fuel tank of a motor vehicle, motorized equipment, aircraft, or watercraft. The requirement of subsection (b)(4) of this section does not apply when the product is liquified petroleum gas, which is defined for the purpose of this subsection as a petroleum product composed predominately of propane, propylene, butane, isobutane, butylenes, or mixtures of those products, if the delivery ticket, written statement, or invoice states that the price list is available on request. A ticket or other written statement accompanying the delivery of any other liquid fuels and used only as a bill of lading or manifest is exempt from the requirement of subsection (b)(4) of this section if the ticket or written statement utilized as an invoice for payment indicates all of the information set forth in subsection (b) of this section.
Md. Code, Corporations and Associations § 11-414 — MD Code / Article gca / Title 11 / Subtitle 4 / Section 11-414
§11–414.
Status: in_force

(a) By order, the Commissioner may cancel a registration or application, if the Commissioner finds that the applicant or registrant:

(1) Has abandoned the application;

(2) Is no longer in existence;

(3) Has ceased to do business as a broker-dealer, agent, investment adviser, or investment adviser representative;

(4) Is subject to an adjudication of mental incompetence or the control of a committee, conservator, or guardian; or

(5) Cannot be located after reasonable search.

(b) The Commissioner may deem abandoned a notice filing that a federal covered adviser has filed under § 11-405 of this subtitle, if the Commissioner finds that the federal covered adviser:

(1) Has abandoned the notice filing;

(2) Is no longer in existence;

(3) Has ceased to do business as a federal covered adviser;

(4) Is subject to adjudication of mental incompetence or to the control of a committee, conservator, or guardian; or

(5) Cannot be located after a reasonable search.
Md. Code, Criminal Procedure § 11-303 — MD Code / Article gcp / Title 11 / Subtitle 3 / Section 11-303
§11–303.
Status: in_force

(a) (1) This section applies to a case of abuse of a child under Title 5, Subtitle 7 of the Family Law Article or § 3–601 or § 3–602 of the Criminal Law Article.

(2) This section does not apply if a defendant or child respondent is without counsel.

(b) A court may order that the testimony of a child victim be taken outside the courtroom and shown in the courtroom by closed circuit television if:

(1) the court determines that testimony by the child victim in the presence of a defendant or a child respondent will result in the child victim suffering serious emotional distress; and

(2) the testimony is taken during the proceeding.

(c) (1) In determining whether testimony by the child victim in the presence of the defendant or child respondent will result in the child victim suffering serious emotional distress, the court may:

(i) observe and question the child victim inside or outside the courtroom; and

(ii) hear testimony of a parent or custodian of the child victim or other person, including a person who has dealt with the child victim in a therapeutic setting.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, each defendant or child respondent, one attorney for a defendant or child respondent, one prosecuting attorney, and one attorney for the child victim may be present when the court hears testimony on whether to allow a child victim to testify by closed circuit television.

(ii) If the court decides to observe or question the child victim in connection with the determination to allow testimony by closed circuit television:

1. the court may not allow the defendant or child respondent to be present; but

2. one attorney for each defendant or child respondent, one prosecuting attorney, and one attorney for the child victim may be present.

(d) (1) If the child victim testifies by closed circuit television, the testimony shall be given within the courthouse in a setting that the court finds will reasonably mitigate the likelihood that the child victim will suffer emotional distress.

(2) Only the following persons may be in the room with the child victim when the child victim testifies by closed circuit television:

(i) one prosecuting attorney;

(ii) one attorney for each defendant or child respondent;

(iii) one attorney for the child victim;

(iv) the operators of the closed circuit television equipment; and

(v) subject to the Maryland Rules, any person whose presence, in the opinion of the court, contributes to the well–being of the child victim, including a person who has dealt with the child victim in a therapeutic setting concerning the abuse.

(3) During the child victim’s testimony by closed circuit television, the court and the defendant or child respondent shall be in the courtroom.

(4) (i) Subject to subsection (f) of this section, the court and the defendant or child respondent shall be allowed to communicate with the persons in the room where the child victim is testifying by any appropriate electronic method.

(ii) The defendant or child respondent shall have a means of privately communicating orally and in real time with the attorney for the defendant or child respondent who is in the room where the child victim is testifying.

(5) (i) In a juvenile delinquency proceeding or criminal proceeding, only one prosecuting attorney, one attorney for each defendant or child respondent, and the court may question the child victim.

(ii) In a child in need of assistance case, only one attorney for each party and the court may question the child victim.

(e) This section may not be interpreted to prevent a child victim and a defendant or child respondent from being in the courtroom at the same time when the child victim is asked to identify the defendant or child respondent.

(f) Under this section, a court may not order the use of two–way closed circuit television or other procedure that would let a child victim see or hear a defendant or child respondent.
Md. Code, Business Regulation § 11-626 — MD Code / Article gbr / Title 11 / Subtitle 6 / Section 11-626
§11–626.
Status: in_force

(a) (1) The Advisory Committee consists of members appointed by the Commission with the approval of the Secretary.

(2) Of the members of the Advisory Committee:

(i) 1 shall be nominated by the chairman of the Commission and be another member of the Commission;

(ii) 1 shall be nominated by the chairman of the Commission to represent each harness racing licensee;

(iii) 2 shall be nominated by a majority vote of the organization that represents a majority of Standardbred Breeders in the State, and 1 of those recommended shall be a commercial breeder as defined by the Commission; and

(iv) 1 shall be nominated by a majority vote of the Cloverleaf Standardbred Owners Association, Inc.

(b) A member of the Advisory Committee shall be a resident of the State.

(c) (1) This subsection does not apply to the chairman of the Advisory Committee.

(2) The term of a member of the Advisory Committee is 4 years and begins on June 1.

(3) A member of the Advisory Committee may serve multiple but not consecutive complete terms.

(4) The terms of members are staggered as required by the terms in effect for members of the Advisory Committee on October 1, 1992.

(5) If a member other than the 2 members nominated by the chairman of the Commission has not been nominated by June 1, the Commission, with the approval of the Secretary, shall nominate the member.

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

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

(d) The Governor may remove a member of the Advisory Committee for incompetence or misconduct.
Md. Code, Corporations and Associations § 11-101 — MD Code / Article gca / Title 11 / Subtitle 1 / Section 11-101
§11–101.
Status: in_force

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

(b) (1) “Agent” means an individual other than a broker–dealer who represents a broker–dealer or issuer in effecting or attempting to effect the purchase or sale of securities.

(2) “Agent” includes a partner, officer, or director of a broker–dealer or issuer, or a person occupying a similar status or performing similar functions, only if the person otherwise comes within this definition.

(3) “Agent” does not include an individual who represents:

(i) An issuer in:

1. Effecting a transaction in a security exempted by § 11–601(1), (2), (3), (9)(i), (10), (11), or (14)(i) of this title;

2. Effecting a transaction exempted by § 11–602 of this title;

3. Effecting a transaction with an existing employee, partner, or director of the issuer if no commission or other remuneration is paid or given directly or indirectly for soliciting a person in this State; or

4. Effecting a transaction in a federal covered security under § 18(b)(3) or § 18(b)(4)(F) of the Securities Act of 1933 if no commission or other remuneration is paid or given directly or indirectly for soliciting a person in this State; or

(ii) A broker–dealer in effecting a transaction described in § 15(h)(2) of the Securities Exchange Act of 1934.

(c) (1) “Broker–dealer” means a person engaged in the business of effecting transactions in securities for the account of others or for his own account.

(2) “Broker–dealer” does not include:

(i) An agent;

(ii) An issuer;

(iii) A bank, savings institution, or trust company; or

(iv) A person who has no place of business in this State if:

1. He effects transactions in this State exclusively with or through the issuer of the securities involved in the transactions, another broker–dealer, or a bank, savings institution, trust company, insurance company, investment company as defined in the Investment Company Act of 1940, pension or profit–sharing trust, or other financial institution or institutional buyer, whether acting for itself or as trustee; or

2. During any period of 12 consecutive months, he does not direct more than 15 offers to sell or buy into the State in any manner, other than to the persons specified in paragraph (2)(iv)1 of this subsection, whether or not the offeror or any offeree is then present in the State.

(d) “Commissioner” means the Securities Commissioner of the Division of Securities.

(e) “Federal covered adviser” means a person who is registered under § 203 of the Investment Advisers Act of 1940.

(f) “Federal covered security” means a covered security under § 18(b) of the Securities Act of 1933.

(g) “Federal exempt broker–dealer” means a person who would qualify for the exemption from registration as a broker or dealer under § 4(c) of the Securities Act of 1933.

(h) “Guaranteed” means guaranteed as to payment of principal, interest, or dividends.

(i) (1) “Investment adviser” means a person who, for compensation:

(i) Engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities, or who, for compensation and as a part of a regular business, issues or promulgates analyses or reports concerning securities; or

(ii) 1. Provides or offers to provide, directly or indirectly, financial and investment counseling or advice, on a group or individual basis;

2. Gathers information relating to investments, establishes financial goals and objectives, processes and analyzes the information gathered, and recommends a financial plan; or

3. Holds out as an investment adviser in any way, including indicating by advertisement, card, or letterhead, or in any other manner indicates that the person is, a financial or investment “planner”, “counselor”, “consultant”, or any other similar type of adviser or consultant.

(2) “Investment adviser” does not include:

(i) An investment adviser representative;

(ii) A bank, savings institution, or trust company;

(iii) A lawyer, certified public accountant, engineer, insurance producer, or teacher whose performance of investment advisory services is solely incidental to the practice of the profession, provided that the performance of such services is not solely incidental unless:

1. The investment advisory services rendered are connected with and reasonably related to the other professional services rendered;

2. The fee charged for the investment advisory services is based on the same factors as those used to determine the fee for other professional services; and

3. The lawyer, certified public accountant, engineer, insurance producer, or teacher does not hold out as an investment adviser;

(iv) A broker–dealer or its agent whose performance of these services is solely incidental to the conduct of business as a broker–dealer and who receives no special compensation for them;

(v) A publisher of any bona fide newspaper, news column, newsletter, news magazine, or business or financial publication or service, whether communicated in hard copy form, or by electronic means, or otherwise, that does not consist of the rendering of advice on the basis of the specific investment situation of each client;

(vi) A federal covered adviser; or

(vii) Any other person not within the intent of this subsection as the Commissioner by rule or order designates.

(j) (1) “Investment adviser representative” or “representative” means any partner, officer, director of (or a person occupying a similar status or performing similar functions) or other individual who is employed by or associated with an investment adviser, or who has a place of business located in this State and is employed by or associated with a federal covered adviser, and who:

(i) Makes any recommendations or otherwise renders investment advice to clients;

(ii) Represents an investment adviser in rendering the services described under subsection (h)(1) of this section;

(iii) Manages accounts or portfolios of clients;

(iv) Determines which recommendation or investment advice should be given with respect to a particular client account;

(v) Solicits, offers or negotiates for the sale of or sells investment advisory services;

(vi) Directly supervises employees who perform any of the foregoing; or

(vii) Holds out as an investment adviser.

(2) “Investment adviser representative” or “representative” does not include:

(i) Any other person not within the intent of this subsection as the Commissioner designates by rule or order; or

(ii) Clerical or ministerial personnel.

(k) “Investment Company Act of 1940” and “Investment Advisers Act of 1940” mean the federal statutes of those names, as amended.

(l) “Issuer” means any person who issues or proposes to issue a security, except that:

(1) With respect to certificates of deposit, voting–trust certificates, or collateral–trust certificates or with respect to certificates of interest or shares in an unincorporated investment trust not having a board of directors or persons performing similar functions or of the fixed, restricted management, or unit type, the term “issuer” means the person performing the acts and assuming the duties of depositor or manager under the provisions of the trust or other agreement or instrument under which the security is issued; and

(2) With respect to certificates of interest or participation in oil, gas, or mining titles or leases or in payments out of production under the titles or leases, there is not considered to be any “issuer”.

(m) “Nonissuer distribution” and “nonissuer transaction” mean a distribution or transaction, as the case may be, not directly or indirectly for the benefit of the issuer.

(n) “Offer” or “offer to sell”, except as provided in § 11–102(a) of this subtitle, includes every attempt or offer to dispose of or solicitation of an offer to buy, a security or interest in a security for value.

(o) “Person” means an individual, a corporation, a partnership, an association, a joint–stock company, a trust where the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government, or a political subdivision of a government.

(p) “Public Utility Holding Company Act of 1935” means the federal statute of that name, as amended.

(q) “Sale” or “sell”, except as provided in § 11–102(a) of this subtitle, includes every contract of sale of, contract to sell, or disposition of a security or interest in a security for value.

(r) “Securities Act of 1933” and “Securities Exchange Act of 1934” mean the federal statutes of those names, as amended.

(s) (1) “Security” means any:

(i) Note;

(ii) Stock;

(iii) Treasury stock;

(iv) Bond;

(v) Debenture;

(vi) Evidence of indebtedness;

(vii) Certificate of interest or participation in any profit–sharing agreement;

(viii) Collateral–trust certificate;

(ix) Preorganization certificate or subscription;

(x) Transferable share;

(xi) Investment contract;

(xii) Voting–trust certificate;

(xiii) Certificate of deposit for a security;

(xiv) Certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under the title or lease;

(xv) In general, any interest or instrument commonly known as a “security”; or

(xvi) Certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the preceding.

(2) “Security” does not include any insurance or endowment policy or annuity contract under which an insurance company promises to pay money either in a lump sum, periodically for life, or some other specified period.

(t) “State” means any state, territory, or possession of the United States, the District of Columbia, and Puerto Rico.
Md. Code, Agriculture § 11-207.1 — MD Code / Article gag / Title 11 / Subtitle 2 / Section 11-207.1
§11–207.
Status: in_force

§11–207.1.

(a) Unless it is approved by the Secretary, a person may not offer to sell or sell any commercial weight and measure in this State.

(b) (1) When approving any commercial weight and measure, the Secretary shall adopt by regulation those specifications, tolerances, and other technical requirements for commercial weights and measures adopted by the National Conference on Weights and Measures and specified in the National Institute of Standards and Technology Handbooks 44, 105-1, 105-2, and 105-3, as amended.

(2) These specifications, tolerances, and other technical requirements shall remain in effect unless modified or rescinded by the Secretary.

(c) The Secretary may deny or revoke any approval if the Secretary determines that:

(1) A person has provided false or misleading information to the Secretary about any weight and measure; or

(2) The weight and measure does not conform to the requirements of this section.

(d) This section does not apply to:

(1) Any commercial weight and measure manufactured before October 1, 1992;

(2) Any counting scale;

(3) The sale of any weight or measure that has previously been approved by the Secretary; or

(4) Any noncommercial weight and measure sold in the State.
Md. Code, Transportation § 11-113 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-113
§11–113.
Status: in_force

“Divided highway” means a highway that is divided into two or more roadways by:

(1) An intervening space;

(2) A barrier; or

(3) A clearly indicated dividing section constructed to impede vehicular traffic.
Md. Code, Health Occupations § 11-405 — MD Code / Article gho / Title 11 / Subtitle 4 / Section 11-405
§11–405.
Status: in_force

(a) In this section, “optometrist rehabilitation committee” means a committee that:

(1) Is defined in subsection (b) of this section; and

(2) Performs any of the functions listed in subsection (d) of this section.

(b) For purposes of this section, an optometrist rehabilitation committee is a committee of the Board or a committee of the Maryland Optometric Association that:

(1) Is recognized by the Board; and

(2) Includes but is not limited to optometrists.

(c) A rehabilitation committee of the Board or recognized by the Board may function:

(1) Solely for the Board; or

(2) Jointly with a rehabilitation committee representing another board or boards.

(d) For purposes of this section, an optometrist rehabilitation committee evaluates and provides assistance to any optometrist, and any other individual regulated by the Board, in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.

(e) (1) Except as otherwise provided in this subsection, the proceedings, records, and files of the optometrist rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the optometrist rehabilitation committee.

(2) Paragraph (1) of this subsection does not apply to any record or document that is considered by the optometrist rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in any arbitration or civil proceeding.

(3) For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.

(f) A person who acts in good faith and within the scope of jurisdiction of an optometrist rehabilitation committee is not civilly liable for any action as a member of the optometrist rehabilitation committee or for giving information to, participating in, or contributing to the function of the optometrist rehabilitation committee.
Md. Code, Election Law § 11-301 — MD Code / Article gel / Title 11 / Subtitle 3 / Section 11-301
§11–301.
Status: in_force

(a) A board of canvassers shall:

(1) convene at the designated counting center for that county on or before the day of the election, but not later than 5 p.m. on that day, and be sworn in; and

(2) meet only in public session.

(a–1) (1) Subject to paragraph (3) of this subsection, a board of canvassers and the staff of a local board may be observed as they complete each part of the canvass by authorized observers designated under paragraph (2) of this subsection and any other individuals who wish to be present.

(2) The following individuals or entities have the right to designate a registered voter as an observer at each counting center:

(i) a candidate;

(ii) a political party; and

(iii) any other group of voters supporting or opposing a candidate, principle, or proposition on the ballot.

(3) The State Board may adopt regulations prohibiting public observation of a part of the canvass only if prohibiting public observation is necessary to ensure:

(i) the integrity or accuracy of the canvass; or

(ii) that the canvass process is not impeded.

(4) The State Board shall ensure that the requirements of this subsection are implemented uniformly and consistently by each local board.

(b) Each board of canvassers shall elect by majority vote a chairman and secretary from among its members.

(c) Each member of the board of canvassers shall take an oath, administered and recorded by the clerk of the circuit court, to canvass and declare the votes cast truthfully and to perform other duties required by law.

(d) (1) At the first meeting of the board of canvassers for the purpose of canvassing, a majority of the whole board of canvassers shall be a quorum.

(2) If a quorum is not present, the members present shall adjourn until the next day.

(e) Except as otherwise provided in this article, all decisions shall be reached by a majority vote of the members present.

(f) In Montgomery County and Prince George’s County, if a member is not present at the scheduled time for vote canvassing, a substitute member of the board of canvassers may be sworn in.

(g) At least one member of the board of canvassers present shall be a registered voter of the principal minority party.

(h) Once the board has satisfied the requirements of subsections (a) through (g) of this section, it may proceed with the canvass in accordance with the regulations of the State Board.
Md. Code, Labor and Employment § 11-802 — MD Code / Article gle / Title 11 / Subtitle 8 / Section 11-802
§11–802.
Status: in_force

(a) There is an Adult Education and Literacy Services Office in the Division of Workforce Development and Adult Learning of the Department.

(b) The Adult Education and Literacy Services Office shall be the sole agency in the State responsible for administering and supervising policy and funding for adult education and literacy.
Md. Code, Real Property § 11A-119 — MD Code / Article grp / Title 11A / Subtitle 1 / Section 11A-119
§11A–119.
Status: in_force

(a) It is unlawful for any person when selling time-shares in the State, to authorize, use, direct, or aid in the dissemination, publication, distribution, or circulation of any statement, advertisement, radio broadcast, or telecast concerning the time-share project in which the time-shares are offered which contains any statement or sketch which is false or misleading or contains any representation or pictorial representation of proposed improvements or nonexistent scenes without clearly indicating that the improvements are proposed and the scenes do not exist.

(b) No advertising for the offer or disposition of time-shares shall:

(1) Contain any representation as to the availability of a resale program or rental program offered by or on behalf of the developer unless the resale program or rental program has been made a part of the offering and submitted to the Commission;

(2) Contain an offer or inducement to purchase which purports to be limited as to quantity or restricted as to time unless the numerical quantity or time applicable to the offer or inducement is clearly and conspicuously disclosed;

(3) Contain statements concerning the availability of time-shares at a particular minimum price if the number of time-shares available at that price comprises less than 10 percent of the unsold inventory of the developer, unless the number of time-shares then for sale at the minimum price is set forth in the advertisement;

(4) Contain any statement that the time-shares being offered for sale can be further divided unless a full disclosure of the legal requirements for further division of the time-share is included;

(5) Contain any asterisk or other reference symbol as a means of contradicting or changing the ordinary meaning of any previously made statement in the advertisement;

(6) Misrepresent the size, nature, extent, qualities, or characteristics of the accommodations or facilities which comprise the time-share project;

(7) Misrepresent the nature or extent of any services incident to the time-share project;

(8) Misrepresent or imply that a facility or service is available for the exclusive use of purchasers or owners if a public right of access or of use of the facility or service exists;

(9) Make any misleading or deceptive representation with respect to the contents of the time-share instrument, the sales contract, or this title;

(10) Misrepresent the conditions under which a purchaser or owner may participate in an exchange program;

(11) Describe any proposed or uncompleted private facilities over which the developer has no control unless the estimated date of completion is set forth and evidence has been presented to the Commission that the completion and operation of the facilities are reasonably assured within the time represented in the advertisement; or

(12) Describe or portray any improvement which is not required to be built unless the description or portrayal of the improvement is conspicuously labeled or identified as “need not be built”.

(c) It is unlawful for any person to use any promotional device, including sweepstakes, gift awards, lodging certificates or discounts, with the intent to solicit the acquisition of time-shares without disclosing that purpose.

(d) A person may not utilize a promotional device to solicit the purchase of a time-share or offer merchandise or services to any prospective purchaser without clearly disclosing the retail value of such merchandise or services. No promotional device may involve any elements of chance as to the selection or award of particular merchandise or services to any prospective purchaser.

(e) It is unlawful for any person using a promotional device to solicit the purchase of a time-share to fail to award all items promised in such promotion by the date and year specified in the promotion.

(f) A public offering statement may not be used for promotional purpose before the developer is registered and afterwards only if used in its entirety. No person may advertise or represent that the Commission or the Secretary of State has approved or recommended the time-shares or any of the documents contained in the application for registration.
Md. Code, Corporations and Associations § 11-603 — MD Code / Article gca / Title 11 / Subtitle 6 / Section 11-603
§11–603.
Status: in_force

(a) (1) The Commissioner by order may deny or revoke any exemption specified in § 11–601(9), (11), or (17) or § 11–602 of this subtitle with respect to a specific security or transaction.

(2) The order may not be entered without appropriate prior notice to all interested parties, opportunity for hearing, and written findings of fact and conclusions of law, except that the Commissioner by order summarily may deny or revoke any of the specified exemptions pending final determination of any proceeding under this subsection.

(b) On the entry of a summary order, the Commissioner promptly shall notify every interested party:

(1) That it has been entered;

(2) The reasons for its entry; and

(3) That within 15 days of the receipt of a written request the matter will be set down for hearing.

(c) (1) If a hearing is not requested and one is not ordered by the Commissioner, the order will remain in effect until it is modified or vacated by the Commissioner.

(2) If a hearing is requested or ordered, the Commissioner, after notice of and opportunity for hearing to every interested person, may modify or vacate the order or extend it until final determination.

(3) An order under this section may not operate retroactively.

(4) A person may not be considered to have violated § 11–205 or § 11–501 of this title by reason of any offer or sale effected after the entry of an order under this section if he sustains the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of the order.
Md. Code, Real Property § 11B-117 — MD Code / Article grp / Title 11B / Subtitle 1 / Section 11B-117
§11B–117.
Status: in_force

(a) (1) As provided in the declaration, a lot owner shall be liable for all homeowners association assessments and charges that come due during the time that the lot owner owns the lot.

(2) Notwithstanding any provision of the declaration, articles of incorporation, or bylaws restricting assessment increases, capping the assessment that may be levied in a fiscal year, or limiting assessments to each lot, the governing body of a homeowners association has the authority to:

(i) Increase an assessment levied to cover the reserve funding amount required under § 11B–112.3 of this title; and

(ii) Treat an accessory dwelling unit as a separate lot for purposes of levying assessments.

(b) In addition to any other remedies available at law, a homeowners association may enforce the payment of the assessments and charges provided in the declaration by the imposition of a lien on a lot in accordance with the Maryland Contract Lien Act.

(c) (1) This subsection does not limit or affect the priority of:

(i) A lien for the annual charge provided first priority over a deed of trust or mortgage by the deed, agreement, and declaration of covenants, easements, charges, and liens dated December 13, 1966, and recorded in the land records of Howard County (the Columbia Association Declaration); or

(ii) Any lien, secured interest, or other encumbrance with priority that is held by or for the benefit of, purchased by, assigned to, or securing any indebtedness to:

1. The State or any county or municipal corporation in the State;

2. Any unit of State government or the government of any county or municipal corporation in the State; or

3. An instrumentality of the State or any county or municipal corporation in the State.

(2) In the case of a foreclosure of a mortgage or deed of trust on a lot in a homeowners association, a portion of the homeowners association’s liens on the lot, as prescribed in paragraph (3) of this subsection, shall have priority over a claim of the holder of a first mortgage or a first deed of trust that is recorded against the lot on or after October 1, 2011.

(3) The portion of the homeowners association’s liens that has priority under paragraph (2) of this subsection:

(i) Shall consist solely of not more than 4 months, or the equivalent of 4 months, of unpaid regular assessments for common expenses that are levied by the homeowners association in accordance with the requirements of the declaration or bylaws of the homeowners association;

(ii) May not include:

1. Interest;

2. Costs of collection;

3. Late charges;

4. Fines;

5. Attorney’s fees;

6. Special assessments; or

7. Any other costs or sums due under the declaration or bylaws of the homeowners association or as provided under any contract, law, or court order; and

(iii) May not exceed a maximum of $1,200.

(4) (i) Subject to subparagraph (ii) of this paragraph, at the request of the holder of a first mortgage or first deed of trust on a lot in a homeowners association, the governing body shall provide to the holder written information about the portion of any lien filed under the Maryland Contract Lien Act that has priority as prescribed under paragraph (3) of this subsection, including information that is sufficient to allow the holder to determine the basis for the portion of the lien that has priority.

(ii) At the time of making a request under subparagraph (i) of this paragraph, the holder shall provide the governing body of the homeowners association with the written contact information of the holder.

(iii) If the governing body of the homeowners association fails to provide written information to the holder under subparagraph (i) of this paragraph within 30 days after the filing of the statement of lien among the land records of each county in which the homeowners association is located, the portion of the homeowners association’s liens does not have priority as prescribed under paragraph (2) of this subsection.
Md. Code, Education § 11-204 — MD Code / Article ged / Title 11 / Subtitle 2 / Section 11-204
§11–204.
Status: in_force

(a) If the Commission believes that an institution of postsecondary education does not meet the conditions or standards on which its certificate of approval, registration, or any other approval issued by the Commission or Secretary, was based, the Commission shall give the institution written notice specifying the deficiencies believed to exist.

(b) (1) The notice shall specify the alleged deficiencies, and direct the institution to correct them within a period of not less than 30 days.

(2) If the institution requests a hearing, the Commission shall hold a hearing on the matter within 60 days of receipt of the request, subject to the requirement that any request for a hearing must be received by the Commission within 20 days of the institution’s receipt of the notice of deficiencies.

(3) Subject to subsection (f) of this section, action on the notice of deficiencies shall be stayed until a determination is made after the hearing.

(4) Notwithstanding § 11–206(b)(3) of this subtitle, at the discretion of the Secretary, action on any approval request by an institution issued a notice of deficiencies may be stayed until a determination is made after the hearing.

(c) (1) If a hearing is not requested within the specified time period, or if the notice of deficiencies is upheld in whole or in part after a hearing, the Commission may reprimand the institution or suspend or revoke the institution’s certificate of approval or any other approval issued by the Commission or Secretary.

(2) (i) Instead of or in addition to reprimanding a for–profit institution of higher education, institution of higher education required to register under § 11–202.2 of this subtitle, or private career school, or suspending or revoking any approval issued to a for–profit institution of higher education or private career school or registration issued to an institution of higher education under § 11–202.2 of this subtitle, the Commission may impose a penalty of up to $5,000 for each violation as specified in regulations adopted by the Commission.

(ii) In accordance with the provisions of this section, the Commission shall deposit any penalty assessed against a for–profit institution of higher education, institution of higher education required to register under § 11–202.2 of this subtitle, or private career school into the respective guaranty fund if such funds exist. Otherwise, all penalties shall be deposited into the General Fund of the State.

(d) (1) In addition to any other sanction imposed under this section, an institution of higher education that is required to register under § 11–202.2 of this subtitle that willfully and knowingly violates the provisions of this subtitle shall be:

(i) Subject to revocation of registration; and

(ii) Prohibited from enrolling Maryland students in fully online distance education programs in the State.

(2) Maryland students who attend an institution prohibited from enrolling Maryland students under paragraph (1)(ii) of this subsection shall be allowed to complete a fully online distance education program in the State that is in progress.

(3) If an institution is required to register under § 11–202.2 of this subtitle and the institution does not file an application to register with the Commission within 3 months of enrolling its first Maryland student or the institution enrolls additional Maryland students in violation of this section, the institution shall be subject to a fine not exceeding $20,000.

(e) In imposing any sanctions under this section, the Commission shall consider:

(1) The seriousness of the deficiency;

(2) The harm caused by the deficiency;

(3) The good faith of the institution and any corrective actions taken;

(4) Any history of previous deficiencies; and

(5) Other pertinent circumstances.

(f) (1) An institution that is aggrieved by an order of the Commission has the right to judicial review provided by Title 10, Subtitle 2 of the State Government Article.

(2) The decision of the Commission shall be presumed correct and the institution has the burden of proving otherwise.

(3) The Commission shall be a party to the proceeding.

(g) (1) The Secretary may at any time following written notice of the deficiencies and prior to the Commission’s final decision seek an injunction or other judicial remedy in accordance with § 11–107 of this title, if the Secretary determines that the public interest requires enforcement of the provisions of this article or any applicable regulations.

(2) If a court grants relief prior to a hearing that was requested on a timely basis, the Commission shall schedule a hearing in regard to the notice of deficiencies within 2 weeks of the issuance of the court’s order, unless the institution requests a delay.
Md. Code, Economic Development § 11-308 — MD Code / Article gec / Title 11 / Subtitle 3 / Section 11-308
§11–308.
Status: in_force

A majority of the voting Board members serving at the time is a quorum.
Md. Code, Criminal Procedure § 11-714 — MD Code / Article gcp / Title 11 / Subtitle 7 / Section 11-714
§11–714.
Status: in_force

A registration statement given to a person under this subtitle shall include a copy of the completed registration form and a copy of the registrant’s digital image, but need not include the fingerprints or palm prints of the registrant.
Md. Code, Alcoholic Beverages and Cannabis § 11-1008 — MD Code / Article gab / Title 11 / Subtitle 10 / Section 11-1008
§11–1008.
Status: in_force

(a) In this section, “resort complex” means a recreational area:

(1) of at least 10 acres; and

(2) with beach facilities and other facilities to serve and accommodate at least 500 individuals at one time.

(b) There is a resort complex license.

(c) The Board may issue the license to the person owning or leasing a resort complex.

(d) The license authorizes:

(1) the license holder to sell beer, wine, and liquor at bars or counters at one or more locations in the resort complex daily for on–premises consumption; and

(2) the playing of music and dancing.

(e) (1) A license holder may serve alcoholic beverages:

(i) at one or more outside locations in the resort complex, from 8 a.m. to midnight for each outing; and

(ii) in a main, permanent area from 6 a.m. to 2 a.m. the next day.

(2) A holder of the license need not obtain a Sunday permit under § 11–2004 of this title to sell alcoholic beverages after 2 a.m. on Sunday.

(f) (1) The annual license fee is $1,800.

(2) The fee shall be paid on or before May 1 to the Board.