Md. Code, Transportation § 10-203 — MD Code / Article gtr / Title 10 / Subtitle 2 / Section 10-203
§10–203.
Status: reserved

Preamble

WHEREAS, the Commonwealth of Virginia (Chapter 627, 1958 Acts of Assembly), the State of Maryland (Chapter 613, Acts of General Assembly, 1959), and the Commissioners of the District of Columbia (Resolution of the Board of Commissioners, December 22, 1960) entered into and executed the Washington Metropolitan Area Transit Regulation Compact on December 22, 1960; and

WHEREAS, the Congress of the United States has, by Joint Resolution approved October 9, 1962 (Public Law 87–767; 76 Stat. 764), given its consent to the State of Maryland, and the Commonwealth of Virginia to effectuate certain clarifying amendments to the Compact, and has authorized and directed the Commissioners of the District of Columbia to effectuate the amendments on behalf of the United States for the District of Columbia; and

WHEREAS, the Commonwealth of Virginia (Chapter 67, 1962 Acts of Assembly), the State of Maryland (Chapter 114, Acts of General Assembly, 1962), and the Commissioners of the District of Columbia (Resolution of the Board of Commissioners adopted on March 19, 1963) have adopted those clarifying amendments to the Compact;

NOW, THEREFORE, the states of Maryland and Virginia and the District of Columbia, hereafter referred to as the signatories, covenant and agree as follows:

TITLE I

General Compact Provisions

Article I

There is created the Washington Metropolitan Area Transit District, referred to as the Metropolitan District, which shall include: the District of Columbia; the cities of Alexandria and Falls Church of the State of Virginia; Arlington County and Fairfax County of the State of Virginia, the political subdivisions located within those counties, and that portion of Loudoun County, Virginia, occupied by the Washington Dulles International Airport; Montgomery County and Prince George’s County of the State of Maryland, and the political subdivisions located within those counties; and all other cities now or hereafter existing in Maryland or Virginia within the geographic area bounded by the outer boundaries of the combined area of those counties, cities, and airports.

Article II

1. The signatories hereby create the “Washington Metropolitan Area Transit Commission”, hereafter called the “Commission”, which shall be an instrumentality of the District of Columbia, the Commonwealth of Virginia, and the State of Maryland, and shall have the powers and duties set forth in the Compact and those additional powers and duties conferred upon it by subsequent action of the signatories.

2. The Commission shall have jurisdiction coextensive with the Metropolitan District for the regulation of passenger transportation within the Metropolitan District on a coordinated basis, without regard to political boundaries within the Metropolitan District, as set forth in this Compact.

Article III

1. (a) The Commission shall be composed of 3 members, one member appointed by the Governor of Virginia from the Department of Motor Vehicles of the Commonwealth of Virginia, one member appointed by the Governor of Maryland from the Maryland Public Service Commission, and one member appointed by the Mayor of the District of Columbia from a District of Columbia agency with oversight of matters relating to the Commission.

(b) A member appointed shall serve for a term coincident with the term of that member on the agency of the signatory, and a member may be removed or suspended from office as the law of the appointing signatory provides.

(c) Vacancies shall be filled for an unexpired term in the same manner as an original appointment.

(d) An amendment to Section 1(a) of this Article shall not affect any member in office on the amendment’s effective date.

2. A person in the employment of or holding an official relation to a person or company subject to the jurisdiction of the Commission or having an interest of any nature in a person or company or affiliate or associate thereof, may not hold the office of commissioner or serve as an employee of the Commission or have any power or duty or receive any compensation in relation to the Commission.

3. (a) The Commission shall select a chairman from among its members.

(b) The chairman shall be responsible for the Commission’s work and shall have all powers to discharge that duty.

4. A signatory may pay the Commissioner from its jurisdiction the salary or expenses, if any, that it considers appropriate.

5. (a) The Commission may employ engineering, technical, legal, clerical, and other personnel on a regular, part–time, or consulting basis to assist in the discharge of its functions.

(b) The Commission is not bound by any statute or regulation of a signatory in the employment or discharge of an officer or employee of the Commission, except that contained in this Compact.

6. The Commission shall establish its office at a location to be determined by the Commission within the Metropolitan District and shall publish rules and regulations governing the conduct of its operations.

Article IV

1. (a) The signatories shall bear the expenses of the Commission in the manner set forth here.

(b) The Commission shall submit to the Governor of Virginia, the Governor of Maryland, and the Mayor of the District of Columbia, when requested, a budget of its requirements for the period required by the laws of the signatories for presentation to the legislature.

(c) The Commission shall allocate its expenses among the signatories in the proportion that the population of each signatory within the Metropolitan District bears to the total population of the Metropolitan District.

(d) (i) The Commission shall base its allocation on the latest available population statistics of the Bureau of the Census; or

(ii) If current population data are not available, the Commission may, upon the request of a signatory, employ estimates of population prepared in a manner approved by the Commission and by the signatory making the request.

(e) The governors of the two states and the Mayor of the District of Columbia shall approve the allocation made by the Commission.

2. (a) The signatories shall appropriate their proportion of the budget for the expenses of the Commission and shall pay that appropriation to the Commission.

(b) The budget of the Commission and the appropriations of the signatories may not include a sum for the payment of salaries or expenses of the commissioners.

(c) The provisions of § 2.1–30 (1979) of the Code of Virginia do not apply to any official or employee of the Commonwealth of Virginia acting or performing services under this Act.

3. (a) If the Commission requests and a signatory makes available personnel, services, or material which the Commission would otherwise have to employ or purchase, the Commission shall:

(i) Determine an amount; and

(ii) Reduce the expenses allocable to a signatory.

(b) If any services in kind are rendered, the Commission shall return to the signatory an amount equivalent to the savings to the Commission represented by the contribution in kind.

4. (a) The Commission shall have the power to establish fees under regulations, including but not limited to filing fees and annual fees.

(b) The Commission shall return to the signatories fees established by it in proportion to the share of the Commission’s expenses borne by each signatory in the fiscal year during which the fees were collected.

5. (a) The Commission shall keep accurate books of account, showing in full its receipts and disbursements.

(b) The books of account shall be open for inspection by representatives of the respective signatories at any reasonable time.

Article V

1. An action by the Commission may not be effective unless a majority of the members concur.

2. An order entered by the Commission under the provisions of Title II of this Act which affect operations or matters solely intrastate or solely within the District of Columbia may not be effective unless the commissioner from the affected signatory concurs.

3. Two members of the Commission are a quorum.

4. The Commission may delegate by regulation the tasks that it considers appropriate.

Article VI

This Compact does not amend, alter, or affect the power of the signatories and their political subdivisions to levy and collect taxes on the property or income of any person or company subject to this Act or upon any material, equipment, or supplies purchased by that person or company or to levy, assess, and collect franchise or other similar taxes, or fees for the licensing of vehicles and their operation.

Article VII

This amended Compact shall become effective 90 days after the signatories adopt it.

Article VIII

1. (a) This Compact may be amended from time to time without the prior consent or approval of the Congress of the United States and any amendment shall be effective unless, within one year, the Congress disapproves that amendment.

(b) An amendment may not be effective unless adopted by each of the signatories.

2. (a) A signatory may withdraw from the Compact upon written notice to the other signatories.

(b) In the event of a withdrawal, the Compact shall be terminated at the end of the Commission’s next full fiscal year following the notice.

3. Upon the termination of this Compact, the jurisdiction over the matters and persons covered by this Act shall revert to the signatories and the federal government, as their interests may appear, and the applicable laws of the signatories and the federal government shall be reactivated without further legislation.

Article IX

Each of the signatories pledges to each of the other signatories faithful cooperation in the regulation of passenger transportation within the Metropolitan District and agrees to enact any necessary legislation to achieve the objectives of the Compact for the mutual benefit of the citizens living in the Metropolitan District.

Article X

1. If a provision of this Act or its application to any person or circumstance is held invalid in a court of competent jurisdiction, the invalidity does not affect other provisions or any other application of this Act which can be given effect without the invalid provision or application, and for this purpose the provisions of this Act are declared severable.

2. In accordance with the ordinary rules for construction of interstate compacts, this Act shall be liberally construed to effectuate its purposes.

TITLE II

Compact Regulatory Provisions

Article XI

1. This Act shall apply to the transportation for hire by any carrier of persons between any points in the Metropolitan District, including but not limited to:

(a) As to interstate and foreign commerce, transportation performed over a regular route between a point in the Metropolitan District and a point outside the Metropolitan District if:

(i) The majority of passengers transported over that regular route are transported between points within the Metropolitan District; and

(ii) That regular route is authorized by a certificate of public convenience and necessity issued by the Interstate Commerce Commission; and

(b) The rates, charges, regulations, and minimum insurance requirements for taxicabs and other vehicles that perform a bona fide taxicab service, where the taxicab or other vehicle:

(i) Has a seating capacity of 9 persons or less, including the driver; and

(ii) Provides transportation from one signatory to another within the Metropolitan District.

2. Solely for the purposes of this section and § 18 of this article:

(a) The Metropolitan District shall include that portion of Anne Arundel County, Maryland, occupied by the Baltimore–Washington International Thurgood Marshall Airport; and

(b) Jurisdiction of the Commission shall apply to taxicab rates, charges, regulations, and minimum insurance requirements for interstate transportation between the Baltimore–Washington International Thurgood Marshall Airport and other points in the Metropolitan District, unless conducted by a taxicab licensed by the State of Maryland or a political subdivision of the State of Maryland, or operated under a contract with the State of Maryland.

3. Excluded from the application of this Act are:

(a) Transportation by water, air, or rail;

(b) Transportation performed by the federal government, the signatories to this Compact, or any political subdivision of the signatories;

(c) Transportation performed by the Washington Metropolitan Area Transit Authority;

(d) Transportation by a motor vehicle employed solely in transporting teachers and school children through grade 12 to or from public or private schools;

(e) Transportation performed over a regular route between a point in the Metropolitan District and a point outside the Metropolitan District, including transportation between those points on the regular route that are within the Metropolitan District, if:

(i) The majority of passengers transported over the regular route are not transported between points in the Metropolitan District; and

(ii) The regular route is authorized by a certificate of public convenience and necessity issued by the Interstate Commerce Commission;

(f) Matters other than rates, charges, regulations, and minimum insurance requirements relating to vehicles and operations described in §§ 1(b) and 2 of this article;

(g) Transportation solely within the Commonwealth of Virginia and the activities of persons performing that transportation; and

(h) The exercise of any power or the discharge of any duty conferred or imposed upon the State Corporation Commission of the Commonwealth of Virginia by the Virginia Constitution.

Definitions

4. In this Act the following words have the meanings indicated.

(a) “Carrier” means a person who engages in the transportation of passengers by motor vehicle or other form or means of conveyance for hire.

(b) “Motor vehicle” means an automobile, bus, or other vehicle propelled or drawn by mechanical or electrical power on the public streets or highways of the Metropolitan District and used for the transportation of passengers.

(c) “Person” means an individual, firm, copartnership, corporation, company, association or joint stock association, and includes a trustee, receiver, assignee, or personal representative of them.

(d) “Taxicab” means a motor vehicle for hire (other than a vehicle operated under a certificate of authority issued by the Commission) having a seating capacity of 9 persons or less, including the driver, used to accept or solicit passengers along the public streets for transportation.

General duties of carriers

5. Each authorized carrier shall:

(a) Provide safe and adequate transportation service, equipment, and facilities; and

(b) Observe and enforce Commission regulations established under this Act.

Certificates of authority

6. (a) A person may not engage in transportation subject to this Act unless there is in force a “certificate of authority” issued by the Commission authorizing the person to engage in that transportation.

(b) On the effective date of this Act a person engaged in transportation subject to this Act under an existing “certificate of public convenience and necessity” or order issued by the Commission shall be issued a new “certificate of authority” within 120 days after the effective date of this amendment.

(c) (i) Pending issuance of the new certificate of authority, the continuance of operations shall be permitted under an existing certificate or order issued by the Commission which will continue in effect on the effective date of this Act.

(ii) The operations described in paragraph (i) of this subsection shall be performed according to the rates, regulations, and practices of the certificate holder on file with the Commission on the effective date of this Act.

7. (a) When an application is made under this section for a certificate of authority, the Commission shall issue a certificate to any qualified applicant, authorizing all or any part of the transportation covered by the application, if it finds that:

(i) The applicant is fit, willing, and able to perform that transportation properly, conform to the provisions of this Act, and conform to the rules, regulations, and requirements of the Commission; and

(ii) That the transportation is consistent with the public interest.

(b) If the Commission finds that the requirements of subsection (a) of this section have not been met, the application shall be denied by the Commission.

(c) The Commission shall act upon applications under this Act as soon as possible.

(d) The Commission may attach to the issuance of a certificate and to the exercise of the rights granted under it any term, condition, or limitation that is consistent with the public interest.

(e) A term, condition, or limitation imposed by the Commission may not restrict the right of a carrier to add to equipment and facilities over the routes or within the territory specified in the certificate, as business development and public demand may require.

(f) A person applying for or holding a certificate of authority shall comply with Commission regulations regarding maintenance of a surety bond, insurance policy, self–insurance qualification, or other security or agreement in an amount that the Commission may require to pay any final judgment against a carrier for bodily injury or death of a person, or for loss or damage to property of another, resulting from the operation, maintenance, or use of a motor vehicle or other equipment in performing transportation subject to this Act.

(g) A certificate of authority is not valid unless the holder is in compliance with the insurance requirements of the Commission.

8. Application to the Commission for a certificate under this Act shall be:

(a) Made in writing;

(b) Verified; and

(c) In the form and with the information that the Commission regulations require.

9. (a) A certificate of authority issued by the Commission shall specify the route over which a regularly scheduled commuter service or other regular–route service will operate.

(b) A certificate issued by the Commission authorizing irregular–route service shall be coextensive with the Metropolitan District.

(c) A carrier subject to this Act may not provide any passenger transportation for hire on an individual fare paying basis in competition with an existing, scheduled, regular–route, passenger transportation service performed by, or under a contract with, the federal government, a signatory to the Compact, a political subdivision of a signatory, or the Washington Metropolitan Area Transit Authority, notwithstanding any “certificate of authority”.

(d) A certificate for the transportation of passengers may include authority to transport newspapers, passenger baggage, express, or mail in the same vehicle, or to transport passenger baggage in a separate vehicle.

10. (a) Certificates shall be effective from the date specified on them and shall remain in effect until amended, suspended, or terminated.

(b) Upon application by the holder of a certificate, the Commission may suspend, amend, or terminate the certificate of authority.

(c) Upon complaint or the Commission’s own initiative, the Commission, after notice and hearing, may suspend or revoke all or part of any certificate of authority for willful failure to comply with:

(i) A provision of this Act;

(ii) An order, rule, or regulation of the Commission; or

(iii) A term, condition, or limitation of the certificate.

(d) The Commission may direct that a carrier cease an operation conducted under a certificate if the Commission finds the operation, after notice and hearing, to be inconsistent with the public interest.

11. (a) A person may not transfer a certificate of authority unless the Commission approves the transfer as consistent with the public interest.

(b) A person other than the person to whom an operating authority is issued by the Commission may not lease, rent, or otherwise use that operating authority.

12. (a) A carrier may not abandon any scheduled commuter service operated under a certificate of authority issued to the carrier under this Act, unless the Commission authorizes the carrier to do so by a Commission order.

(b) Upon application by a carrier, the Commission shall issue an order, after notice and hearing, if it finds that abandonment of the route is consistent with the public interest.

(c) The Commission, by regulation or otherwise, may authorize the temporary suspension of a route if it is consistent with the public interest.

(d) As long as the carrier has an opportunity to earn a reasonable return in all its operations, the fact that a carrier is operating a service at a loss will not, of itself, determine the question of whether abandonment of service is consistent with the public interest.

13. (a) When the Commission finds that there is an immediate need for service that is not available, the Commission may grant temporary authority for that service without a hearing or other proceeding up to a maximum of 180 consecutive days, unless suspended or revoked for good cause.

(b) A grant of temporary authority does not create any presumption that permanent authority will be granted at a later date.

Rates and tariffs

14. (a) Each carrier shall file with the Commission, publish, and keep available for public inspection tariffs showing:

(i) Fixed–rates and fixed–fares for transportation subject to this Act; and

(ii) Practices and regulations, including those affecting rates and fares, required by the Commission.

(b) Each effective tariff shall:

(i) Remain in effect for at least 60 days from its effective date, unless the Commission orders otherwise; and

(ii) Be published and kept available for public inspection in the form and manner prescribed by the Commission.

(c) A carrier may not charge a rate or fare for transportation subject to this Act other than the applicable rate or fare specified in a tariff filed by the carrier under this Act and in effect at the time.

15. (a) A carrier proposing to change a rate, fare, regulation, or practice specified in an effective tariff shall file a tariff showing the change in the form and manner, and with the information, justification, notice, and supporting material prescribed by the Commission.

(b) Each tariff filed under subsection (a) of this section shall state a date on which the tariff shall take effect, which shall be at least 7 calendar days after the date on which the tariff is filed, unless the Commission orders an earlier effective date or rejects the tariff.

(c) (i) A tariff filed for approval with the Commission may be refused acceptance for filing if it is not consistent with this Act and Commission regulations; and

(ii) A tariff refused for filing shall be void.

16. (a) The Commission may hold a hearing upon complaint or upon the Commission’s own initiative after reasonable notice to determine whether a rate, fare, regulation, or practice relating to a tariff is unjust, unreasonable, unduly discriminatory, or unduly preferential between classes of riders or between locations within the Metropolitan District.

(b) Within 120 days of the hearing, the Commission shall pass an order prescribing the lawful rate, fare, regulation, or practice, or affirming the tariff.

Through routes, joint fares

17. With the approval of the Commission, any carrier subject to this Act may establish through routes and joint fares with any other lawfully authorized carrier.

Taxicab fares

18. (a) The Commission shall prescribe reasonable rates for transportation by taxicab, only when:

(i) The trip is between a point in the jurisdiction of one signatory and a point in the jurisdiction of another signatory; and

(ii) Both points are within the Metropolitan District.

(b) The fare or charge for taxicab transportation may be calculated on a mileage basis, a zone basis, or on any other basis approved by the Commission.

(c) The Commission may not require the installation of a taximeter in any taxicab when a taximeter is not permitted or required by the jurisdiction licensing and otherwise regulating the operation and service of the taxicab.

(d) A person licensed by a signatory to own or operate a taxicab shall comply with Commission regulations regarding maintenance of a surety bond, insurance policy, self–insurance qualification, or other security or agreement in an amount that the Commission may require to pay a final judgment for bodily injury or death of a person, or for loss or damage to property of another, resulting from the operation, maintenance, or use of a taxicab in performing transportation subject to this Act.

Article XII

Accounts, records, and reports

1. (a) The Commission may prescribe that any carrier subject to this Act:

(i) Submit special reports and annual or other periodic reports;

(ii) Make reports in a form and manner required by the Commission;

(iii) Provide a detailed answer to any question about which the Commission requires information;

(iv) Submit reports and answers under oath; and

(v) Keep accounts, records, and memoranda of its activity, including movement of traffic and receipt and expenditure of money in a form and for a period required by the Commission.

(b) The Commission shall have access at all times to the accounts, records, memoranda, lands, buildings, and equipment of any carrier for inspection purposes.

(c) This section shall apply to any person controlling, controlled by, or under common control with a carrier subject to this Act, whether or not that person otherwise is subject to this Act.

(d) A carrier that has its principal office outside of the Metropolitan District and operates both inside and outside of the Metropolitan District may keep all accounts, records, and memoranda at its principal office, but the carrier shall produce those materials before the Commission when directed by the Commission.

(e) This section does not relieve a carrier from recordkeeping or reporting obligations imposed by a state or federal agency or regulatory commission for transportation service rendered outside the Metropolitan District.

Issuance of securities

2. This Act does not impair any authority of the federal government and the signatories to regulate the issuance of securities by a carrier.

Consolidations, mergers, and acquisition of control

3. (a) A carrier or any person controlling, controlled by, or under common control with a carrier shall obtain Commission approval to:

(i) Consolidate or merge any part of the ownership, management, or operation of its property or franchise with a carrier that operates in the Metropolitan District;

(ii) Purchase, lease, or contract to operate a substantial part of the property or franchise of another carrier that operates in the Metropolitan District; or

(iii) Acquire control of another carrier that operates in the Metropolitan District through ownership of its stock or other means.

(b) Application for Commission approval of a transaction under this section shall be made in the form and with the information that the regulations of the Commission require.

(c) If the Commission finds, after notice and hearing, that the proposed transaction is consistent with the public interest, the Commission shall pass an order authorizing the transaction.

(d) Pending determination of an application filed under this section, the Commission may grant “temporary approval” without a hearing or other proceeding up to a maximum of 180 consecutive days if the Commission determines that grant to be consistent with the public interest.

Article XIII

Investigations by the Commission and complaints

1. (a) A person may file a written complaint with the Commission regarding anything done or omitted by a person in violation of a provision of this Act, or in violation of a requirement established under it.

(b) (i) If the respondent does not satisfy the complaint and the facts suggest that there are reasonable grounds for an investigation, the Commission shall investigate the matter.

(ii) If the Commission determines that a complaint does not state facts which warrant action, the Commission may dismiss the complaint without hearing.

(iii) The Commission shall notify a respondent that a complaint has been filed at least 10 days before a hearing is set on the complaint.

(c) The Commission may investigate on its own motion a fact, condition, practice, or matter to:

(i) Determine whether a person has violated or will violate a provision of this Act or a rule, regulation, or order;

(ii) Enforce the provisions of this Act or prescribe or enforce rules or regulations under it; or

(iii) Obtain information to recommend further legislation.

(d) If, after hearing, the Commission finds that a respondent has violated a provision of this Act or any requirement established under it, the Commission shall:

(i) Issue an order to compel the respondent to comply with this Act; and

(ii) Effect other just and reasonable relief.

(e) For the purpose of an investigation or other proceeding under this Act, the Commission may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of books, papers, correspondence, memoranda, contracts, agreements, or other records or evidence which the Commission considers relevant to the inquiry.

Hearings; rules of procedure

2. (a) Hearings under this Act shall be held before the Commission, and records shall be kept.

(b) Rules of practice and procedure adopted by the Commission shall govern all hearings, investigations, and proceedings under this Act, but the Commission may apply the technical rules of evidence when appropriate.

Administrative powers of Commission; rules, regulations, and orders

3. (a) The Commission shall perform any act, and prescribe, issue, make, amend, or rescind any order, rule, or regulation that it finds necessary to carry out the provisions of this Act.

(b) The rules and regulations of the Commission shall prescribe the form of any statement, declaration, application, or report filed with the Commission, the information it shall contain, and the time of filing.

(c) The rules and regulations of the Commission shall be effective 30 days after publication in the manner which the Commission shall prescribe, unless a different date is specified.

(d) Orders of the Commission shall be effective on the date and in the manner which the Commission shall prescribe.

(e) For the purposes of its rules and regulations, the Commission may classify persons and matters within its jurisdiction and prescribe different requirements for them.

(f) Commission rules and regulations shall be available for public inspection during reasonable business hours.

Reconsideration of orders

4. (a) A party to a proceeding affected by a final order or decision of the Commission may file within 30 days of its publication a written application requesting Commission reconsideration of the matter involved, and stating specifically the errors claimed as grounds for the reconsideration.

(b) The Commission shall grant or deny the application within 30 days after it has been filed.

(c) If the Commission does not grant or deny the application by order within 30 days, the application shall be deemed denied.

(d) If the application is granted, the Commission shall rescind, modify, or affirm its order or decision with or without a hearing, after giving notice to all parties.

(e) Filing an application for reconsideration may not act as a stay upon the execution of a Commission order or decision, or any part of it unless the Commission orders otherwise.

(f) An appeal may not be taken from an order or decision of the Commission until an application for reconsideration has been filed and determined.

(g) Only an error specified as a ground for reconsideration may be used as a ground for judicial review.

Judicial review

5. (a) Any party to a proceeding under this Act may obtain a review of the Commission’s order in the United States Court of Appeals for the Fourth Circuit, or in the United States Court of Appeals for the District of Columbia Circuit, by filing within 60 days after Commission determination of an application for reconsideration, a written petition praying that the order of the Commission be modified or set aside.

(b) A copy of the petition shall be delivered to the office of the Commission and the Commission shall certify and file with the court a transcript of the record upon which the Commission order was entered.

(c) The court shall have exclusive jurisdiction to affirm, modify, remand for reconsideration, or set aside the Commission’s order.

(d) The court’s judgment shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in Title 28 U.S.C. §§ 1254 and 2350.

(e) The commencement of proceedings under subsection (a) of this section may not operate as a stay of the Commission’s order unless specifically ordered by the court.

(f) The Commission and its members, officers, agents, employees, or representatives are not liable to suit or action or for any judgment or decree for damages, loss, or injury resulting from action taken under the Act, nor required in any case arising or any appeal taken under this Act to make a deposit, pay costs, or pay for service to the clerks of a court or to the Marshal of the United States or give a supersedeas bond or security for damages.

Enforcement of Act; penalty for violations

6. (a) Whenever the Commission determines that a person is engaged or will engage in an act or practice which violates a provision of this Act or a rule, regulation, or order under it, the Commission may bring an action in the United States District Court in the district in which the person resides or conducts business or in which the violation occurred to enjoin the act or practice and to enforce compliance with this Act or a rule, regulation, or order under it.

(b) If the court makes a determination under subsection (a) of this section, that a person has violated or will violate this Act or a rule, regulation, or order under the Act, the court shall grant a permanent or temporary injunction or decree or restraining order without bond.

(c) Upon application of the Commission, the United States District Court for the district in which the person resides or conducts business, or in which the violation occurred, shall have jurisdiction to issue an order directing that person to comply with the provisions of this Act or a rule, regulation, or order of the Commission under it, and to effect other just and reasonable relief.

(d) The Commission may employ attorneys necessary for:

(i) The conduct of its work;

(ii) Representation of the public interest in Commission investigations, cases, or proceedings on the Commission’s own initiative or upon complaint; or

(iii) Representation of the Commission in any court case.

(e) The expenses of employing an attorney shall be paid out of the funds of the Commission, unless otherwise directed by the court.

(f) (i) A person who knowingly and willfully violates a provision of this Act, or a rule, regulation, requirement, or order issued under it, or a term or condition of a certificate shall be subject to a civil forfeiture of not more than $1,000 for the first violation and not more than $5,000 for any subsequent violation.

(ii) Each day of the violation shall constitute a separate violation.

(iii) Civil forfeitures shall be paid to the Commission with interest as assessed by the court.

(iv) The Commission shall pay to each signatory a share of the civil forfeitures and interest equal to the proportional share of the Commission’s expenses borne by each signatory in the fiscal year during which the civil forfeiture is collected by the Commission.

Article XIV

Expenses of investigations and other proceedings

1. (a) A carrier shall bear all expenses of an investigation or other proceeding conducted by the Commission concerning the carrier, and all litigation expenses, including appeals, arising from an investigation or other proceeding.

(b) When the Commission initiates an investigation or other proceeding, the Commission may require the carrier to pay to the Commission a sum estimated to cover the expenses that will be incurred under this section.

(c) Money paid by the carrier shall be deposited in the name and to the credit of the Commission, in any bank or other depository located in the Metropolitan District designated by the Commission, and the Commission may disburse that money to defray expenses of the investigation, proceeding, or litigation in question.

(d) The Commission shall return to the carrier any unexpended balance remaining after payment of expenses.

Applicability of other laws

2. (a) The applicability of each law, rule, regulation, or order of a signatory relating to transportation subject to this Act shall be suspended on the effective date of this Act.

(b) The provisions of subsection (a) of this section do not apply to a law of a signatory relating to inspection of equipment and facilities.

(c) During the existence of the Compact, the jurisdiction of the Interstate Commerce Commission is suspended to the extent it is in conflict with the provisions of this Act.

Existing rules, regulations, orders, and decisions

3. All Commission rules, regulations, orders, or decisions that are in force on the effective date of this Act shall remain in effect and be enforceable under this Act, unless otherwise provided by the Commission.

Pending actions or proceedings

4. A suit, action, or other judicial proceeding commenced prior to the effective date of this Act by or against the Commission is not affected by the enactment of this Act and shall be prosecuted and determined under the law applicable at the time the proceeding was commenced.

Annual report of the Commission

5. The Commission shall make an annual report for each fiscal year ending June 30, to the Governor of Virginia and the Governor of Maryland, and to the Mayor of the District of Columbia as soon as practicable after June 30, but no later than the 1st day of January of each year, which may contain, in addition to a report of the work performed under this Act, other information and recommendations concerning passenger transportation within the Metropolitan District as the Commission considers advisable.
Md. Code, State Personnel and Pensions § 10-404 — MD Code / Article gsp / Title 10 / Subtitle 4 / Section 10-404
§10–404.
Status: in_force

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

(2) “Child” means any natural, adopted, or posthumous child, or stepchild, or the decedent who is:

(i) 18 years of age or under; or

(ii) over 18 years of age and incapable of self–support because of a physical or mental disability.

(3) “Stepchild” means any child of the surviving spouse who was living with or dependent for support on the decedent at the time of death.

(4) “Unit of State government” means a unit of State government in the Executive, Legislative, or Judicial branches of State government.

(b) This section applies to all:

(1) employees in the State Personnel Management System;

(2) employees in any other authorized personnel system established for a unit of State government; and

(3) members of the Maryland National Guard serving on orders issued in accordance with Title 13 of the Public Safety Article or Title 32 of the United States Code.

(c) (1) (i) Except as provided in paragraph (2) of this subsection, a death benefit in the amount of $125,000 shall be paid to the surviving spouse, children, or dependent parents of any employee subject to this section who is killed in the performance of duties on or after July 1, 2000.

(ii) A death benefit may not be paid under this paragraph if an employee is killed as a result of the employee’s negligence.

(iii) A death benefit may not be paid under this paragraph if a member of the Maryland National Guard who is killed in the performance of duties is eligible to receive dependency and indemnity compensation under rules prescribed by the United States Department of Veterans Affairs.

(2) (i) A death benefit in the amount of $50,000 shall be paid to the surviving spouse, children, or dependent parents of any State employee covered by the provisions of § 1–202 of the Public Safety Article who is killed in the performance of duties on or after July 1, 2000.

(ii) A death benefit may not be paid under this paragraph if an employee is killed as a result of the employee’s negligence.

(iii) An individual who receives a death benefit under this paragraph may not also receive a death benefit under paragraph (1) of this subsection.

(3) A death benefit under this section shall be in addition to any:

(i) workers’ compensation benefits;

(ii) proceeds of any form of life insurance, regardless of who paid the premiums on the insurance;

(iii) benefit provided to a State employee covered by the provisions of § 1–202 of the Public Safety Article; and

(iv) except as provided in paragraph (1)(iii) of this subsection, benefits paid to a member of the Maryland National Guard, the member’s estate, or the member’s beneficiaries or survivors by the United States.

(4) For fiscal year 2026 and each fiscal year thereafter, the death benefits provided under this subsection in the prior fiscal year shall be adjusted by any change in the calendar year preceding the fiscal year in the Consumer Price Index (All Urban Consumers – United States City Average – All Items), as published by the United States Bureau of Labor Statistics.

(d) (1) Reasonable funeral expenses, not exceeding $25,000, shall be paid to the surviving spouse, child, or parent or the estate of any employee subject to this section who is killed or dies in the performance of duties.

(2) For fiscal year 2026 and each fiscal year thereafter, the funeral benefit provided in the prior fiscal year shall be adjusted by any change in the calendar year preceding the fiscal year in the Consumer Price Index (All Urban Consumers – United States City Average – All Items), as published by the United States Bureau of Labor Statistics.

(e) (1) On notification by the head of the unit that employed the decedent, the Secretary shall determine whether a death benefit will be paid under this section.

(2) If the Secretary determines that a death benefit is payable, payment shall be made:

(i) to the surviving spouse;

(ii) if there is no surviving spouse, to the surviving children, in equal shares; or

(iii) if there is no surviving spouse or children, to the surviving parent or parents, if the parent was a dependent as defined in § 152 of the Internal Revenue Code.

(f) A death benefit under this section shall be paid out of funds which the Governor may appropriate for that purpose in the State budget.

(g) A decision of the Secretary under this section:

(1) is the final administrative decision; and

(2) is not subject to appeal under Title 10, Subtitle 2 of the State Government Article.
Md. Code, Health - General § 10-309 — MD Code / Article ghg / Title 10 / Subtitle 3 / Section 10-309
§10–309.
Status: in_force

(a) (1) The mental health advisory committee of each county shall consist of:

(i) As nonvoting ex officio members, the following individuals or their designees:

1. The health officer for the county;

2. A representative of a State inpatient facility that serves that county, appointed as provided in paragraph (2) of this subsection;

3. The county mental health director;

4. The director of the core service agency or local behavioral health authority, if any; and

5. In jurisdictions with designated State inpatient beds located in local general hospitals, a representative from that facility; and

(ii) As voting members, appointed by the governing body of the county and representative of the county’s major socio–economic and ethnic groups:

1. At least 5, but not more than 7, representatives selected from among the following groups or agencies:

A. The governing body;

B. The county department of education;

C. The local department of social services;

D. The practicing physicians;

E. Mental health professionals who are not physicians;

F. The clergy;

G. The legal profession;

H. A local law enforcement agency;

I. A local general hospital that contains an inpatient psychiatric unit;

J. The Department of Aging;

K. The Department of Juvenile Services;

L. The local alcohol and drug abuse agency; and

M. A local community rehabilitation or housing program; and

2. At least 5 individuals selected from among the following groups or organizations and appointed as provided in paragraph (3) of this subsection:

A. At least 2 individuals who are currently receiving or who have in the past received mental health services;

B. Parents or other relatives of adults with mental disorders;

C. Parents or other relatives of children or adolescents with emotional, behavioral, or mental disorders the onset of which occurred during childhood or adolescence;

D. The local mental health association, if any;

E. An individual with experience with mental health care for veterans or individuals serving in the military; and

F. A member of the general public.

(2) If more than one State inpatient facility serves a county, a representative from at least 1 of the facilities shall be appointed by the Director.

(3) At least one–half of the voting members shall be appointed from among the individuals listed in paragraph (1)(ii)2A through C of this subsection.

(4) Notwithstanding paragraphs (1) through (3) of this subsection, if the governing body of Baltimore City or Anne Arundel County designates a core service agency or local behavioral health authority as the mental health advisory committee, the mental health advisory committee shall consist of the governing body of the core service agency or local behavioral health authority.

(b) If an intercounty advisory committee is established, the governing body of each participating county shall appoint at least 4 members of the committee.

(c) Notwithstanding subsection (a)(1)(ii) of this section, if the governing body of a county establishes a joint mental health and addictions advisory committee, the governing body may appoint any additional members as necessary to advise and advocate about addictions issues.

(d) (1) The term of an appointed member is 3 years and begins on July 1.

(2) The terms of one–third of the appointed members of each county advisory committee or intercounty advisory committee end each year.

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

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

(5) A member who serves 2 consecutive full 3–year terms may not be reappointed for 2 years after completion of those terms.
Md. Code, Public Safety § 10-207 — MD Code / Article gps / Title 10 / Subtitle 2 / Section 10-207
§10–207.
Status: in_force

(a) (1) In this subsection, “explosive composition” or “pyrotechnic composition” includes raw materials, materials being processed, and finished products.

(2) By regulation, the State Fire Prevention Commission shall determine the maximum amount of explosive composition or pyrotechnic composition that may be safely kept in any building in a fireworks plant at any time.

(3) A licensee shall:

(i) post conspicuously on each building in the fireworks plant, the limits on the amount of explosive composition or pyrotechnic composition authorized under this subsection; and

(ii) strictly comply with the limits.

(b) (1) A licensee shall keep each building in a fireworks plant clean, orderly, and free from accumulated dust or rubbish.

(2) If powder or other explosive materials are spilled on the floor of a building in a fireworks plant, the licensee shall ensure that the floor is cleaned immediately and that the powder or materials are removed immediately from the building.

(c) (1) A licensee shall ensure that rags, combustible and explosive scrap, and paper are:

(i) kept separate from each other; and

(ii) placed in approved marked containers.

(2) A licensee shall ensure that waste and rejected hazardous materials are:

(i) removed daily from each building;

(ii) removed at regular intervals from the fireworks plant; and

(iii) destroyed by submersion in water or by burning.

(3) A licensee shall ensure that nonhazardous waste is:

(i) removed at regular intervals from the fireworks plant; and

(ii) disposed of in a landfill system or by other suitable means.

(d) A licensee shall ensure that adequate and appropriate fire extinguishers that meet the State Fire Prevention Code are:

(1) kept in each building in a fireworks plant; and

(2) readily accessible at all times.

(e) (1) Unless an individual has signed into a log and has stated in writing the purpose of the individual’s visit to the fireworks plant, a licensee may not allow entry into a fireworks plant by an individual other than:

(i) an authorized employee; or

(ii) a representative of a unit of the federal government, a state government, or a political subdivision, having jurisdiction over the fireworks plant.

(2) A licensee shall:

(i) maintain the log of visitors to the fireworks plant for at least 2 years; and

(ii) make the log available for inspection by the State Fire Marshal or a representative of the State Fire Marshal.

(3) All visitors shall wear conductive footwear.

(f) (1) There shall be at least one competent security guard present on duty whenever any explosive composition is located within a fireworks plant.

(2) The security guard:

(i) may not sleep on duty; and

(ii) shall patrol the entire fireworks plant regularly when the fireworks plant is not in operation.
Md. Code, Family Law § 10-120 — MD Code / Article gfl / Title 10 / Subtitle 1 / Section 10-120
§10–120.
Status: in_force

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

(b) “Earnings withholding notice” means a notice in a format prescribed by federal law issued by the Administration to an employer requiring the employer to deduct support payments from the earnings of an obligor.

(c) “Earnings withholding order” means an order in a format prescribed by federal law issued by a tribunal to an employer requiring the employer to deduct support payments from the earnings of an obligor.

(d) “Support” includes:

(1) child support;

(2) spousal support;

(3) nondifferentiated child and spousal support; and

(4) any medical support ordered by the court, including converted funds as defined in § 15–122.2 of the Health – General Article.

(e) “Tribunal” has the meaning stated in § 10–301(dd) of this title.
Md. Code, Courts and Judicial Proceedings § 10-4B-01 — MD Code / Article gcj / Title 10 / Subtitle 4B / Section 10-4B-01
§10–4B–01.
Status: in_force

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

(b) “Court of competent jurisdiction” means any circuit court having jurisdiction over the crime being investigated regardless of the location of the instrument or process from which a wire or electronic communication is transmitted or received.

(c) (1) “Pen register” means a device or process that records and decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted.

(2) “Pen register” does not include any device or process used:

(i) By a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by the provider or any device used by a provider or customer of a wire communication service for cost accounting or other similar purposes in the ordinary course of its business; or

(ii) To obtain the content of a communication.

(d) (1) “Trap and trace device” means a device or process that captures the incoming electronic or other impulses that identify the originating number or other dialing, routing, addressing, and signaling information reasonably likely to identify the source of a wire or electronic communication.

(2) “Trap and trace device” does not include a device or process used to obtain the content of a communication.

(e) “Wire communication”, “electronic communication”, and “electronic communication service” have the meanings stated in § 10-401 of this title.
Md. Code, Insurance § 10-409 — MD Code / Article gin / Title 10 / Subtitle 4 / Section 10-409
§10–409.
Status: in_force

(a) (1) Except as otherwise provided in this section, the Commissioner shall waive the license requirements for an applicant who is not a resident of the State if:

(i) the applicant has a valid public adjuster license from the home state of the applicant; and

(ii) the home state of the applicant awards nonresident public adjuster licenses to residents of the State on the same basis.

(2) If neither the state where the public adjuster maintains a principal place of residence nor the state where the public adjuster maintains a principal place of business has a law governing public adjusters substantially similar to this subtitle, the public adjuster may declare another state where the public adjuster is licensed and acts as a public adjuster to be the public adjuster’s home state for purposes of this subtitle.

(b) Unless denied a license under § 10–410 of this subtitle, a person who is not a resident of the State may obtain a nonresident license to act as a public adjuster if:

(1) the person currently is licensed as a resident public adjuster and in good standing in the person’s home state;

(2) the person files an application on the form that the Commissioner provides;

(3) the person has paid the applicable fee pursuant to § 2–112 of this article; and

(4) the person’s home state awards nonresident public adjuster licenses to residents of this State on the same basis.

(c) A person who is not a resident of this State and whose home state does not issue a public adjuster license must meet the license requirements of §§ 10–404 and 10–405 of this subtitle.
Md. Code, Criminal Law § 10-621 — MD Code / Article gcr / Title 10 / Subtitle 6 / Section 10-621
§10–621.
Status: reserved

(a) (1) Except as provided in subsection (b)(2) of this section, this section does not apply to:

(i) a research facility or federal research facility licensed under the federal Animal Welfare Act;

(ii) the holder of a Class C Exhibitor’s License under the Animal Welfare Act, 7 U.S.C. § 2131 et seq., that displays the animals specified in subsection (b) of this section in a public setting as the exhibitor’s primary function;

(iii) a person who possesses a valid license or permit issued by the Department of Natural Resources to import, sell, trade, barter, possess, breed, or exchange an animal specified in subsection (b) of this section;

(iv) an animal sanctuary that:

1. is a nonprofit organization qualified under § 501(c)(3) of the Internal Revenue Code;

2. operates a place of refuge for abused, neglected, impounded, abandoned, orphaned, or displaced wildlife;

3. does not conduct commercial activity with respect to any animal of which the organization is an owner; and

4. does not buy, sell, trade, lease, or breed any animal except as an integral part of the species survival plan of the American Zoo and Aquarium Association;

(v) an animal control officer under the jurisdiction of the State or a local governing authority, a law enforcement officer acting under the authority of this subtitle, or a private contractor of a county or municipal corporation that is responsible for animal control operations;

(vi) a person who holds a valid license to practice veterinary medicine in the State and treats the animal specified in subsection (b) of this section in accordance with customary and normal veterinary practices;

(vii) a person who is not a resident of the State and is in the State for 10 days or less for the purpose of traveling between locations outside of the State; and

(viii) a circus holding a Class C Exhibitor’s License under the Animal Welfare Act, 7 U.S.C. § 2131 et seq., that:

1. is in the State for less than 90 days per calendar year;

2. regularly conducts performances featuring live animals and multiple human entertainers, including acrobats and clowns; and

3. does not allow members of the public to be in proximity to an animal specified under subsection (b) of this section, including opportunities to be photographed with the animal, without sufficient distance and protective barriers.

(2) (i) This section does not prohibit a person who had lawful possession of an animal specified in subsection (b) of this section on or before May 31, 2006, from continuing to possess that animal if the person provides written notification to the local animal control authority on or before August 1, 2006.

(ii) The notification shall include:

1. the person’s name, address, and telephone number;

2. the number and type of animals being kept; and

3. a photograph of the animal or a description of a tattoo or microchip identification of the animal.

(3) This section does not prohibit a person who has a disability that severely limits mobility from possessing an animal specified in subsection (b) of this section if that animal is:

(i) trained to perform tasks for the owner by an organization described in Section 501(c) of the Internal Revenue Code; and

(ii) dedicated to improving the quality of life of a person who has a disability that severely limits mobility.

(b) (1) A person may not import into the State, offer for sale, trade, barter, possess, breed, or exchange a live:

(i) fox, skunk, raccoon, or bear;

(ii) caiman, alligator, or crocodile;

(iii) member of the cat family other than the domestic cat;

(iv) hybrid of a member of the cat family and a domestic cat if the hybrid weighs over 30 pounds;

(v) member of the dog family other than the domestic dog;

(vi) hybrid of a member of the dog family and a domestic dog;

(vii) nonhuman primate, including a lemur, monkey, chimpanzee, gorilla, orangutan, marmoset, loris, or tamarin; or

(viii) poisonous snake in the family groups of Hydrophidae, Elapidae, Viperidae, or Crotolidae.

(2) (i) This paragraph does not apply to an entity described in subsection (a)(1)(i), (iii), (iv), (v), (vi), (vii), or (viii) of this section.

(ii) Except as provided in subparagraph (iii) of this paragraph, the holder of a Class C Exhibitor’s License under the Animal Welfare Act, 7 U.S.C. § 2131 et seq., may not possess a nonhuman primate, bear, lion, tiger, leopard, clouded leopard, snow leopard, jaguar, cheetah, or cougar or a hybrid of one of these animals that was not owned by the holder of the license on June 30, 2014.

(iii) The holder of a Class C Exhibitor’s License under the Animal Welfare Act, 7 U.S.C. § 2131 et seq., may acquire or breed a nonhuman primate, bear, lion, tiger, leopard, clouded leopard, snow leopard, jaguar, cheetah, or cougar or a hybrid of one of these animals if the holder:

1. maintains a liability insurance policy of at least $1,000,000;

2. has a paid full–time director;

3. has at least one paid full–time staff member trained in the care of each species that the holder keeps;

4. has an animal disposition policy that provides for the placement of animals in appropriate facilities if the holder’s facility closes; and

5. maintains and implements a training plan regarding zoonotic disease risk and prevention.

(c) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(i) if an individual, a fine not exceeding $1,000; or

(ii) if not an individual, a fine not exceeding $10,000.

(2) The provisions of this section may be enforced by:

(i) any State or local law enforcement officer; or

(ii) the local animal control authority for the jurisdiction where the violation occurs.

(d) (1) An animal specified in subsection (b) of this section may be immediately seized if:

(i) there is probable cause to believe that the possession of the animal is in violation of this section; or

(ii) the animal poses a risk to public health or public safety.

(2) An animal specified in subsection (b) of this section that is seized may be returned to the person who had possession of the animal at the time the animal was seized only if it is established that:

(i) possession of the animal by the person is not a violation of this section; and

(ii) the return of the animal does not pose a risk to public health or public safety.

(3) (i) Notice that the animal was seized shall be served on the person who had possession of the animal at the time the animal was seized by:

1. posting a copy of the notice at the place where the animal was seized;

2. regular and certified mail, return receipt requested; or

3. delivering the notice to a person residing on the property from which the animal was seized.

(ii) The notice shall include:

1. a description of the animal seized;

2. the authority for and the purpose of the seizure;

3. the time, place, and circumstances of the seizure;

4. a contact person and telephone number;

5. a statement that the person from whom the animal was seized may:

A. post security to prevent disposition of the animal; and

B. request a hearing concerning the seizure;

6. a statement that failure to post security or request a hearing within 10 days of the date of the notice will result in the disposition of the animal; and

7. a statement that, unless a court finds that the seizure of the animal was not justified, the actual costs of the care, keeping, and disposal of the animal are the responsibility of the person from whom the animal was seized.

(4) (i) Before a seizure under paragraph (1) of this subsection occurs, the person in possession of the animal to be seized may request that the animal remain in the person’s physical custody for 30 days after the date the animal was to be seized.

(ii) During the 30 days provided in subparagraph (i) of this paragraph, the person shall take all necessary actions to comply with this section.

(iii) At any reasonable time during the 30–day period, the local animal control authority may inspect the premises where the animal is being kept.

(5) (i) If a person who retains possession of an animal under paragraph (4) of this subsection is not in compliance with this section after the 30–day period has expired, the local animal control authority shall seize the animal and place it in a holding facility that is appropriate for the species.

(ii) The authority seizing an animal under this paragraph shall provide notice of the seizure in the same manner as provided in paragraph (3) of this subsection.

(6) (i) A person from whom an animal was seized may request a hearing in the District Court within 10 days of the seizure.

(ii) A hearing shall be held as soon as practicable to determine the validity of the seizure and the disposition of the animal.

(7) (i) Unless the court finds that the seizure of the animal was not justified by law, a person from whom the animal specified in subsection (b) of this section is seized is liable for all actual costs of care, keeping, and disposal of the animal.

(ii) The costs required under this paragraph shall be paid in full unless a mutually satisfactory agreement is made between the local animal control authority and the person claiming an interest in the animal.

(8) (i) If there is no request for a hearing within 10 days of the notice or if the court orders a permanent and final disposition of the animal, the local animal control authority shall take steps to find long–term placement of the animal with another appropriate facility that is equipped for the continued care of the particular species of the animal.

(ii) If there is no entity that is suitable for the care of the animal, the animal may be euthanized.

(e) This section does not limit a county or municipality from enacting laws or adopting regulations that are more restrictive pertaining to any potentially dangerous animals, including those specified in subsection (b) of this section.

(f) If the owner of an animal specified in subsection (b) of this section dies without making arrangements for the transfer of custody of the animal to another person, the animal may be turned over to one of the organizations specified in subsection (a)(1) of this section or euthanized if no suitable location can be found in a reasonable amount of time.
Md. Code, Natural Resources § 10-2A-05.2 — MD Code / Article gnr / Title 10 / Subtitle 2A / Section 10-2A-05.2
§10–2A–05.
Status: in_force

§10–2A–05.2.

(a) The Secretary may issue a permit to an applicant that authorizes an incidental taking of the endangered Delmarva fox squirrel if:

(1) The applicant submits a conservation plan to the Department that specifies:

(i) The impact that will likely result from the incidental taking;

(ii) The steps that the applicant will take to minimize and mitigate the impact;

(iii) The funding that will be available to implement the steps;

(iv) The alternative actions to the incidental taking that the applicant considered and the reasons that the alternatives were not used; and

(v) Any other measures that the Secretary requires as being necessary or appropriate for the purposes of the plan; and

(2) The Secretary finds that:

(i) The incidental taking will not appreciably reduce the likelihood of the survival or recovery of the Delmarva fox squirrel in the wild;

(ii) The applicant will, to the extent practicable, minimize and mitigate the impacts of the incidental taking;

(iii) Adequate funding for the conservation plan is available and the plan will be implemented; and

(iv) The applicant has obtained the required federal authorization for the incidental taking of the Delmarva fox squirrel.

(b) The Secretary may adopt regulations to implement and enforce this section.
Md. Code, Insurance § 10-214 — MD Code / Article gin / Title 10 / Subtitle 2 / Section 10-214
§10–214.
Status: in_force

(a) The Commissioner at any time may require a licensee to provide information that the Commissioner considers necessary about the business methods, policies, contracts, or transactions of the licensee.

(b) Within 10 days after receiving a written request for information under this section, the licensee shall provide the Commissioner with the information in the form that the Commissioner requires.
Md. Code, Health Occupations § 10-3A-01 — MD Code / Article gho / Title 10 / Subtitle 3A / Section 10-3A-01
§10–3A–01.
Status: in_force

The Interstate Occupational Therapy Licensure Compact is enacted into law and entered into with all other states legally joining in it in the form substantially as it appears in this section as follows:

SECTION 1. PURPOSE.

The purpose of this Compact is to facilitate interstate practice of occupational therapy with the goal of improving public access to occupational therapy services. The practice of occupational therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. The Compact is designed to achieve the following objectives:

(1) Increase public access to occupational therapy services by providing for the mutual recognition of other member state licenses;

(2) Enhance the states’ ability to protect the public’s health and safety;

(3) Encourage the cooperation of member states in regulating multi–state occupational therapy practice;

(4) Support spouses of relocating military members;

(5) Enhance the exchange of licensure, investigative, and disciplinary information between member states;

(6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards; and

(7) Facilitate the use of telehealth technology in order to increase access to occupational therapy services.

SECTION 2. DEFINITIONS.

As used in the Compact, and except as otherwise provided, the following definitions shall apply:

(1) “Active duty military” means full–time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and Section 1211.

(2) “Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state’s laws that is imposed by a licensing board or other authority against an occupational therapist or occupational therapy assistant, including actions against an individual’s license or compact privilege such as censure, revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee’s practice.

(3) “Alternative program” means a non–disciplinary monitoring process approved by an occupational therapy licensing board.

(4) “Compact privilege” means the authorization, that is equivalent to a license, granted by a remote state to allow a licensee from another member state to practice as an occupational therapist or practice as an occupational therapy assistant in the remote state under its laws and rules. The practice of occupational therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.

(5) “Continuing competence/education” means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.

(6) “Current significant investigative information” means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the occupational therapist or occupational therapy assistant to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.

(7) “Data system” means a repository of information about licensees that includes, but is not limited to, license status, investigative information, compact privileges, and adverse actions.

(8) “Encumbered license” means a license with respect to which an adverse action restricts the practice of occupational therapy by the licensee or said adverse action has been reported to the National Practitioners Data Bank.

(9) “Executive committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.

(10) “Home state” means the member state that is the licensee’s primary state of residence.

(11) “Impaired practitioner” means an individual whose professional practice is adversely affected by substance abuse, addiction, or other health–related conditions.

(12) “Investigative information” means information, records, and/or documents received or generated by an occupational therapy licensing board pursuant to an investigation.

(13) “Jurisprudence requirement” means the assessment of an individual’s knowledge of the laws and rules governing the practice of occupational therapy in a state.

(14) “Licensee” means an individual who currently holds an authorization from a state to practice as an occupational therapist or as an occupational therapy assistant.

(15) “Member state” means a state that has enacted the Compact.

(16) “Occupational therapist” means an individual who is licensed by a state to practice occupational therapy.

(17) “Occupational therapy,” “occupational therapy practice,” and the “practice of occupational therapy” mean the care and services provided by an occupational therapist or an occupational therapy assistant as set forth in the member state’s statutes and regulations.

(18) “Occupational therapy assistant” means an individual who is licensed by a state to assist in the practice of occupational therapy.

(19) “Occupational Therapy Compact Commission” or “Commission” means the national administrative body whose membership consists of all states that have enacted the Compact.

(20) “Occupational therapy licensing board” or “licensing board” means the agency of a state that is authorized to license and regulate occupational therapists and occupational therapy assistants.

(21) “Primary state of residence” means the home state in which an occupational therapist or occupational therapy assistant who is not active duty military declares a primary residence for legal purposes as verified by:

(i) A driver’s license;

(ii) A federal income tax return;

(iii) A lease;

(iv) A deed;

(v) A mortgage;

(vi) A voter registration; or

(vii) Other verifying documentation as defined by Commission rules.

(22) “Remote state” means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.

(23) “Rule” means a regulation promulgated by the Commission that has the force of law.

(24) “Single–state license” means an occupational therapist or occupational therapy assistant license issued by a member state that authorizes practice only within the issuing state and does not include a compact privilege in any other member state.

(25) “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of occupational therapy.

(26) “Telehealth” means the application of telecommunication technology to deliver occupational therapy services for assessment, intervention and/or consultation.

SECTION 3. STATE PARTICIPATION IN THE COMPACT.

(a) To participate in the Compact, a member state must:

(1) License occupational therapists and occupational therapy assistants;

(2) Participate fully in the Commission’s data system, including, but not limited to, the use of the Commission’s unique identifier as defined in rules of the Commission;

(3) Have a mechanism in place for receiving and investigating complaints about licensees;

(4) Notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of investigative information regarding a licensee;

(5) Implement or utilize procedures for considering the criminal history records of applicants for an initial compact privilege in accordance with subsection (b) of this section;

(6) Comply with the rules of the Commission;

(7) Utilize only a recognized national examination as a requirement for licensure pursuant to the rules of the Commission; and

(8) Have continuing competence/education requirements as a condition for license renewal.

(b) (1) A member state shall, within a time frame established by the Commission, establish a process for requiring a criminal background check for a licensee applying for a compact privilege whose primary state of residence is that member state, that includes:

(i) Submission of fingerprints or other biometric–based information by applicants for the purpose of obtaining an applicant’s criminal history information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records; and

(ii) Receiving the results of the Federal Bureau of Investigation criminal record search and using the results in making licensure decisions.

(2) Communication between a member state and the Commission or among member states regarding the verification of eligibility for licensure through the Compact may not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Public Law 92–544.

(c) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the Compact and rules.

(d) Member states may charge a fee for granting a compact privilege.

(e) A member state shall provide for the state’s delegate to attend all Occupational Therapy Compact Commission meetings.

(f) Individuals not residing in a member state shall continue to be able to apply for a member state’s single–state license as provided under the laws of each member state. However, the single–state license granted to these individuals may not be recognized as granting the compact privilege in any other member state.

(g) Nothing in the Compact may affect the requirements established by a member state for the issuance of a single–state license.

SECTION 4. COMPACT PRIVILEGE.

(a) To exercise the compact privilege under the terms and provisions of the Compact, a licensee must:

(1) Hold a license in the home state;

(2) Have a valid United States Social Security number or national practitioner identification number;

(3) Have no encumbrance on any state license;

(4) Be eligible for a compact privilege in any member state in accordance with subsections (d), (f), (g), and (h) of this section;

(5) Have paid all fines and completed all requirements resulting from any adverse action against any license or compact privilege, and two years have elapsed from the date of such completion;

(6) Notify the Commission that the licensee is seeking the compact privilege within a remote state(s);

(7) Pay any applicable fees, including any state fee, for the compact privilege;

(8) Complete a criminal background check in accordance with subsection (b) of Section 3 and pay any fee associated with the completion of the criminal background check;

(9) Meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege; and

(10) Report to the Commission adverse action taken by any non–member state within 30 days from the date the adverse action is taken.

(b) The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection (a) of this section to maintain the compact privilege in the remote state.

(c) A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.

(d) Occupational therapy assistants practicing in a remote state shall be supervised by an occupational therapist licensed or holding a compact privilege in that remote state.

(e) A licensee providing occupational therapy in a remote state is subject to that state’s regulatory authority. A remote state may, in accordance with due process and that state’s laws, remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee may be ineligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.

(f) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:

(1) The home state license is no longer encumbered; and

(2) Two years have elapsed from the date on which the home state license is no longer encumbered in accordance with Section 4(f)(1).

(g) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (a) of this section to obtain a compact privilege in any remote state.

(h) If a licensee’s compact privilege in any remote state is removed, the individual may lose the compact privilege in any other remote state until the following occur:

(1) The specific period of time for which the compact privilege was removed has ended;

(2) All fines have been paid and all conditions have been met;

(3) Two years have elapsed from the date of completing requirements in items (1) and (2) of this subsection; and

(4) The compact privileges are reinstated by the Commission, and the Compact data system is updated to reflect reinstatement.

(i) If a licensee’s compact privilege in any remote state is removed due to an erroneous charge, privileges shall be restored through the compact data system.

(j) Once the requirements of subsection (h) of this section have been met, the licensee must meet the requirements in subsection (a) of this section to obtain a compact privilege in a remote state.

SECTION 5: OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF COMPACT PRIVILEGE.

(a) An occupational therapist or occupational therapy assistant may hold a home state license, which allows for compact privileges in member states, in only one member state at a time.

(b) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving between two member states:

(1) The occupational therapist or occupational therapy assistant shall file an application for obtaining a new home state license by virtue of a compact privilege, pay all applicable fees, and notify the current and new home state in accordance with applicable rules adopted by the Commission;

(2) Upon receipt of an application for obtaining a new home state license by virtue of compact privilege, the new home state shall verify that the occupational therapist or occupational therapy assistant meets the pertinent criteria outlined in Section 4 via the data system, without need for primary source verification except for:

(i) An FBI fingerprint based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the Commission in accordance with Public Law 92–544;

(ii) Other criminal background checks as required by the new home state; and

(iii) Submission of any requisite jurisprudence requirements of the new home state;

(3) The former home state shall convert the former home state license into a compact privilege once the new home state has activated the new home state license in accordance with applicable rules adopted by the Commission;

(4) Notwithstanding any other provision of the Compact, if the occupational therapist or occupational therapy assistant cannot meet the criteria in subsection (a) of Section 4, the new home state shall apply its requirements for issuing a new single–state license; and

(5) The occupational therapist or the occupational therapy assistant shall pay all applicable fees to the new home state in order to be issued a new home state license.

(c) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving from a member state to a non–member state, or from a non–member state to a member state, the state criteria shall apply for issuance of a single–state license in the new state.

(d) Nothing in the Compact shall interfere with a licensee’s ability to hold a single–state license in multiple states. However, for the purposes of this Compact, a licensee shall have only one home state license.

(e) Nothing in the Compact shall affect the requirements established by a member state for the issuance of a single–state license.

SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES.

(a) Active duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing.

(b) The individual may retain the home state designation during the period the service member is on active duty.

(c) Subsequent to designating a home state, the individual shall only change the individual’s home state through application for licensure in the new state or through the process described in Section 5.

SECTION 7. ADVERSE ACTIONS.

(a) A home state shall have exclusive power to impose adverse action against an occupational therapist’s or occupational therapy assistant’s license issued by the home state.

(b) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:

(1) Take adverse action against an occupational therapist’s or occupational therapy assistant’s compact privilege within that member state; and

(2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located.

(c) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.

(d) The home state shall complete any pending investigations of an occupational therapist or occupational therapy assistant who changes primary state of residence during the course of the investigations. The home state, where the investigations were initiated, shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the data system. The data system administrator shall promptly notify the new home state of any adverse actions.

(e) A member state, if otherwise permitted by state law, may recover from the affected occupational therapist or occupational therapy assistant the costs of investigations and disposition of cases resulting from any adverse action taken against that occupational therapist or occupational therapy assistant.

(f) A member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action.

(g) (1) In addition to the authority granted to a member state by its respective state occupational therapy laws and regulations or other applicable state law, any member state may participate with other member states in joint investigations of licensees.

(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

(h) If an adverse action is taken by the home state against an occupational therapist’s or occupational therapy assistant’s license, the occupational therapist’s or occupational therapy assistant’s compact privilege in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an occupational therapist’s or occupational therapy assistant’s license shall include a statement that the occupational therapist’s or occupational therapy assistant’s compact privilege is deactivated in all member states during the pendency of the order.

(i) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.

(j) Nothing in the Compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.

SECTION 8. ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COMPACT COMMISSION.

(a) (1) The member states hereby create and establish a joint public agency known as the Occupational Therapy Compact Commission.

(2) The Commission is an instrumentality of the member states.

(3) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

(4) Nothing in the Compact shall be construed to be a waiver of sovereign immunity.

(b) (1) Each member state shall have and be limited to one delegate selected by that member state’s licensing board.

(2) The delegate shall be:

(i) A current member of the licensing board, who is an occupational therapist, occupational therapy assistant, or public member; or

(ii) An administrator of the licensing board.

(3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.

(4) The member state board shall fill any vacancy occurring in the Commission within 90 days.

(5) Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.

(6) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.

(7) The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

(8) The Commission shall establish by rule a term of office for delegates.

(c) The Commission shall have the following powers and duties:

(1) Establish a code of ethics for the Commission;

(2) Establish the fiscal year of the Commission;

(3) Establish bylaws;

(4) Maintain its financial records in accordance with the bylaws;

(5) Meet and take such actions as are consistent with the provisions of the Compact and the bylaws;

(6) Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states;

(7) Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state occupational therapy licensing board to sue or be sued under applicable law shall not be affected;

(8) Purchase and maintain insurance and bonds;

(9) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;

(10) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

(11) Accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and receive, utilize and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest;

(12) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;

(13) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

(14) Establish a budget and make expenditures;

(15) Borrow money;

(16) Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in the Compact and the bylaws;

(17) Provide and receive information from, and cooperate with, law enforcement agencies;

(18) Establish and elect an Executive Committee; and

(19) Perform such other functions as may be necessary or appropriate to achieve the purposes of the Compact consistent with the state regulation of occupational therapy licensure and practice.

(d) (1) The Executive Committee shall have the power to act on behalf of the Commission according to the terms of the Compact.

(2) The Executive Committee shall be composed of nine members:

(i) Seven voting members who are elected by the Commission from the current membership of the Commission;

(ii) One ex–officio, nonvoting member from a recognized national occupational therapy professional association; and

(iii) One ex–officio, nonvoting member from a recognized national occupational therapy certification organization.

(3) The ex–officio members will be selected by their respective organizations.

(4) The Commission may remove any member of the Executive Committee as provided in bylaws.

(5) The Executive Committee shall meet at least annually.

(6) The Executive Committee shall have the following duties and responsibilities:

(i) Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by member states such as annual dues, and any commission compact fee charged to licensees for the compact privilege;

(ii) Ensure Compact administration services are appropriately provided, contractual or otherwise;

(iii) Prepare and recommend the budget;

(iv) Maintain financial records on behalf of the Commission;

(v) Monitor Compact compliance of member states and provide compliance reports to the Commission;

(vi) Establish additional committees as necessary; and

(vii) Perform other duties as provided in rules or bylaws.

(e) (1) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 10.

(2) The Commission or the Executive Committee or other committees of the Commission may convene in a closed, non–public meeting if the Commission or Executive Committee or other committees of the Commission must discuss:

(i) Non–compliance of a member state with its obligations under the Compact;

(ii) The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures;

(iii) Current, threatened, or reasonably anticipated litigation;

(iv) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

(v) Accusing any person of a crime or formally censuring any person;

(vi) Disclosure of trade secrets or commercial or financial information that is privileged or confidential;

(vii) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(viii) Disclosure of investigative records compiled for law enforcement purposes;

(ix) Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or

(x) Matters specifically exempted from disclosure by federal or member state statute.

(3) If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.

(4) The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.

(f) (1) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

(2) The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

(3) The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved by the Commission each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.

(4) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.

(5) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.

(g) (1) The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.

(2) The Commission shall defend any member, officer, executive director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.

(3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

SECTION 9. DATA SYSTEM.

(a) The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.

(b) A member state shall submit a uniform data set to the data system on all individuals to whom the Compact is applicable (utilizing a unique identifier) as required by the rules of the Commission, including:

(1) Identifying information;

(2) Licensure data;

(3) Adverse actions against a license or compact privilege;

(4) Non–confidential information related to alternative program participation;

(5) Any denial of application for licensure, and the reason(s) for such denial;

(6) Other information that may facilitate the administration of the Compact, as determined by the rules of the Commission; and

(7) Current significant investigative information.

(c) Current significant investigative information and other investigative information pertaining to a licensee in any member state will only be available to other member states.

(d) The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.

(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.

(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.

SECTION 10. RULEMAKING.

(a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

(b) The Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the Compact. Notwithstanding the foregoing, in the event the Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force and effect.

(c) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.

(d) Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.

(e) Prior to promulgation and adoption of a final rule or rules by the Commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:

(1) On the website of the Commission or other publicly accessible platform; and

(2) On the website of each member state occupational therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.

(f) The Notice of Proposed Rulemaking shall include:

(1) The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;

(2) The text of the proposed rule or amendment and the reason for the proposed rule;

(3) A request for comments on the proposed rule from any interested person; and

(4) The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.

(g) Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

(h) The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:

(1) At least 25 persons;

(2) A state or federal governmental subdivision or agency; or

(3) An association or organization having at least 25 members.

(i) (1) If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.

(2) All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.

(3) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

(4) All hearings will be recorded. A copy of the recording will be made available on request.

(5) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.

(j) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.

(k) If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.

(l) The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

(m) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

(1) Meet an imminent threat to public health, safety, or welfare;

(2) Prevent a loss of Commission or member state funds;

(3) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or

(4) Protect public health and safety.

(n) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT.

(a) (1) The executive, legislative, and judicial branches of state government in each member state shall enforce the Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of the Compact and the rules promulgated hereunder shall have standing as statutory law.

(2) All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the Compact which may affect the powers, responsibilities, or actions of the Commission.

(3) The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, the Compact, or promulgated rules.

(b) (1) If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the Compact or the promulgated rules, the Commission shall:

(i) Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; and

(ii) Provide remedial training and specific technical assistance regarding the default.

(2) If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by the Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

(3) Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.

(4) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

(5) The Commission may not bear any costs related to a state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.

(6) The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

(c) (1) Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and non–member states.

(2) The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

(d) (1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the Compact.

(2) By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

(3) The remedies herein are not the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.

SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR OCCUPATIONAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT.

(a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.

(b) Any state that joins the Compact subsequent to the Commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.

(c) (1) Any member state may withdraw from the Compact by enacting a statute repealing the Compact.

(2) A member state’s withdrawal shall not take effect until six months after enactment of the repealing statute.

(3) Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

(d) Nothing contained in the Compact shall be construed to invalidate or prevent any occupational therapy licensure agreement or other cooperative arrangement between a member state and a non–member state that does not conflict with the provisions of the Compact.

(e) The Compact may be amended by the member states. No amendment to the Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

SECTION 13. CONSTRUCTION AND SEVERABILITY.

The Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of the 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 member 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 the Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If the Compact is contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.

SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS.

(a) A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.

(b) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact.

(c) Any laws in a member state in conflict with the Compact are superseded to the extent of the conflict.

(d) Any lawful actions of the Commission, including all rules and bylaws promulgated by the Commission, are binding upon the member states.

(e) All agreements between the Commission and the member states are binding in accordance with their terms.

(f) In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
Md. Code, Economic Development § 10-657.6 — MD Code / Article gec / Title 10 / Subtitle 6 / Section 10-657.6
§10–657.
Status: in_force

§10–657.6.

(a) In this section, “Fund” means the Prince George’s County Blue Line Corridor Facility Fund.

(b) There is a Prince George’s County Blue Line Corridor Facility Fund.

(c) The purpose of the Fund is to enable the Authority to:

(1) use the Fund as a revolving fund for implementing this subtitle as it relates to a Prince George’s County Blue Line Corridor facility; and

(2) pay any expenses incurred by the Authority that are related to a Prince George’s County Blue Line Corridor facility.

(d) The Authority shall administer the Fund.

(e) (1) The Fund is a continuing, nonlapsing fund that is not subject to reversion under § 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) (1) To the extent considered appropriate by the Authority, the receipts of the Fund shall be pledged to and charged with the following related to a Prince George’s County Blue Line Corridor facility:

(i) payment of debt service on Authority bonds;

(ii) all reasonable charges and expenses related to the Authority’s borrowing; and

(iii) the management of the Authority’s obligations.

(2) The pledge shall be effective in the same manner as provided in § 10–634 of this subtitle.

(g) The Fund consists of:

(1) money distributed to the Fund under § 9–120(b)(1)(xi) of the State Government Article;

(2) money appropriated for deposit in the Fund;

(3) proceeds from the sale of bonds concerning a Prince George’s County Blue Line Corridor facility;

(4) revenues collected or received from any source under this subtitle related to a Prince George’s County Blue Line Corridor facility;

(5) any interest earnings of the Fund; and

(6) any additional money made available from any source for the purposes established for the Fund.

(h) The Authority shall pay from the Fund any and all expenses that are incurred by the Authority, or otherwise specifically approved by the Authority, relating to Prince George’s County Blue Line Corridor facilities.

(i) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State funds.

(2) Any interest earnings shall be credited to the Fund.
Md. Code, Economic Development § 10-706 — MD Code / Article gec / Title 10 / Subtitle 7 / Section 10-706
§10–706.
Status: in_force

(a) The Trust is:

(1) exempt from the General Procurement Law provisions of Division II of the State Finance and Procurement Article; but

(2) subject to Title 12, Subtitle 4 of the State Finance and Procurement Article.

(b) The Trust is exempt from the provisions of Division I of the State Personnel and Pensions Article that govern the State Personnel Management System.
Md. Code, Local Government § 10-328 — MD Code / Article glg / Title 10 / Subtitle 3 / Section 10-328
§10–328.
Status: in_force

(a) A county may provide for the prevention, abatement, and removal of nuisances.

(b) A county may provide for the prevention of contagious diseases in the county.

(c) A county may regulate any place where offensive trades are conducted or that may involve or give rise to unsanitary conditions or conditions detrimental to health.

(d) This title does not affect:

(1) any power or duty of the Secretary of Health or the Secretary of the Environment; or

(2) any public general law relating to health.
Md. Code, Courts and Judicial Proceedings § 10-402 — MD Code / Article gcj / Title 10 / Subtitle 4 / Section 10-402
§10–402.
Status: in_force

(a) Except as otherwise specifically provided in this subtitle it is unlawful for any person to:

(1) Willfully intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication;

(2) Willfully disclose, or endeavor to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subtitle; or

(3) Willfully use, or endeavor to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subtitle.

(b) Any person who violates subsection (a) of this section is guilty of a felony and is subject to imprisonment for not more than 5 years or a fine of not more than $10,000, or both.

(c) (1) (i) It is lawful under this subtitle for an operator of a switchboard, or an officer, employee, or agent of a provider of wire or electronic communication service, whose facilities are used in the transmission of a wire or electronic communication to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the provider of that service, except that a provider of wire communications service to the public may not utilize service observing or random monitoring except for mechanical or service quality control checks.

(ii) 1. It is lawful under this subtitle for a provider of wire or electronic communication service, its officers, employees, and agents, landlords, custodians or other persons to provide information, facilities, or technical assistance to persons authorized by federal or State law to intercept wire, oral, or electronic communications or to conduct electronic surveillance, if the provider, its officers, employees, or agents, landlord, custodian, or other specified person has been provided with a court order signed by the authorizing judge directing the provision of information, facilities, or technical assistance.

2. The order shall set forth the period of time during which the provision of the information, facilities, or technical assistance is authorized and specify the information, facilities, or technical assistance required. A provider of wire or electronic communication service, its officers, employees, or agents, or landlord, custodian, or other specified person may not disclose the existence of any interception or surveillance or the device used to accomplish the interception or surveillance with respect to which the person has been furnished an order under this subparagraph, except as may otherwise be required by legal process and then only after prior notification to the judge who granted the order, if appropriate, or the State’s Attorney of the county where the device was used. Any such disclosure shall render the person liable for compensatory damages. No cause of action shall lie in any court against any provider of wire or electronic communication service, its officers, employees, or agents, landlord, custodian, or other specified person for providing information, facilities, or assistance in accordance with the terms of a court order under this subtitle.

(2) (i) This paragraph applies to an interception in which:

1. The investigative or law enforcement officer or other person is a party to the communication; or

2. One of the parties to the communication has given prior consent to the interception.

(ii) It is lawful under this subtitle for an investigative or law enforcement officer acting in a criminal investigation or any other person acting at the prior direction and under the supervision of an investigative or law enforcement officer to intercept a wire, oral, or electronic communication in order to provide evidence:

1. Of the commission of:

A. Murder;

B. Kidnapping;

C. Rape;

D. A sexual offense in the first or second degree;

E. Child abuse in the first or second degree;

F. Child pornography under § 11–207, § 11–208, or § 11–208.1 of the Criminal Law Article;

G. Gambling;

H. Robbery under § 3–402 or § 3–403 of the Criminal Law Article;

I. A felony under Title 6, Subtitle 1 of the Criminal Law Article;

J. Bribery;

K. Extortion;

L. Dealing in a controlled dangerous substance, including a violation of § 5–617 or § 5–619 of the Criminal Law Article;

M. A fraudulent insurance act, as defined in Title 27, Subtitle 4 of the Insurance Article;

N. An offense relating to destructive devices under § 4–503 of the Criminal Law Article;

O. A human trafficking offense under Title 3, Subtitle 11 of the Criminal Law Article;

P. Sexual solicitation of a minor under § 3–324 of the Criminal Law Article;

Q. An offense relating to obstructing justice under § 9–302, § 9–303, or § 9–305 of the Criminal Law Article;

R. Sexual abuse of a minor under § 3–602 of the Criminal Law Article;

S. A theft scheme or continuing course of conduct under § 7–103(f) of the Criminal Law Article involving an aggregate value of property or services of at least $10,000;

T. Abuse or neglect of a vulnerable adult under § 3–604 or § 3–605 of the Criminal Law Article;

U. An offense relating to Medicaid fraud under §§ 8–509 through 8–515 of the Criminal Law Article;

V. An offense involving a firearm under § 5–134, § 5–136, § 5–138, § 5–140, § 5–141, or § 5–144 of the Public Safety Article; or

W. A conspiracy or solicitation to commit an offense listed in items A through V of this item; or

2. If:

A. A person has created a barricade situation; and

B. Probable cause exists for the investigative or law enforcement officer to believe a hostage or hostages may be involved.

(3) It is lawful under this subtitle for a person to intercept a wire, oral, or electronic communication where the person is a party to the communication and where all of the parties to the communication have given prior consent to the interception unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of this State.

(4) (i) It is lawful under this subtitle for a law enforcement officer in the course of the officer’s regular duty to intercept an oral communication if:

1. The law enforcement officer initially lawfully detained a vehicle during a criminal investigation or for a traffic violation;

2. The law enforcement officer is a party to the oral communication;

3. The law enforcement officer has been identified as a law enforcement officer to the other parties to the oral communication prior to any interception;

4. The law enforcement officer informs all other parties to the communication of the interception at the beginning of the communication; and

5. The oral interception is being made as part of a video tape recording.

(ii) If all of the requirements of subparagraph (i) of this paragraph are met, an interception is lawful even if a person becomes a party to the communication following:

1. The identification required under subparagraph (i)3 of this paragraph; or

2. The informing of the parties required under subparagraph (i)4 of this paragraph.

(5) It is lawful under this subtitle for an officer, employee, or agent of a governmental emergency communications center to intercept a wire, oral, or electronic communication where the officer, agent, or employee is a party to a conversation concerning an emergency.

(6) (i) It is lawful under this subtitle for law enforcement personnel to utilize body wires to intercept oral communications in the course of a criminal investigation if there is reasonable cause to believe that a law enforcement officer’s safety may be in jeopardy.

(ii) Communications intercepted under this paragraph may not be recorded, and may not be used against the defendant in a criminal proceeding.

(7) It is lawful under this subtitle for a person:

(i) To intercept or access an electronic communication made through an electronic communication system that is configured so that the electronic communication is readily accessible to the general public;

(ii) To intercept any radio communication that is transmitted:

1. By any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in distress;

2. By any governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including police and fire, readily accessible to the general public;

3. By a station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or

4. By any marine or aeronautical communications system;

(iii) To intercept any wire or electronic communication the transmission of which is causing harmful interference to any lawfully operating station or consumer electronic equipment, to the extent necessary to identify the source of the interference; or

(iv) For other users of the same frequency to intercept any radio communication made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of the system, if the communication is not scrambled or encrypted.

(8) It is lawful under this subtitle:

(i) To use a pen register or trap and trace device as defined under § 10–4B–01 of this title; or

(ii) For a provider of electronic communication service to record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the wire or electronic communication, or a user of that service, from fraudulent, unlawful, or abusive use of the service.

(9) It is lawful under this subtitle for a person to intercept a wire or electronic communication in the course of a law enforcement investigation of possible telephone solicitation theft if:

(i) The person is an investigative or law enforcement officer or is acting under the direction of an investigative or law enforcement officer; and

(ii) The person is a party to the communication and participates in the communication through the use of a telephone instrument.

(10) It is lawful under this subtitle for a person to intercept a wire, oral, or electronic communication in the course of a law enforcement investigation in order to provide evidence of the commission of vehicle theft if:

(i) The person is an investigative or law enforcement officer or is acting under the direction of an investigative or law enforcement officer; and

(ii) The device through which the interception is made has been placed within a vehicle by or at the direction of law enforcement personnel under circumstances in which it is thought that vehicle theft may occur.

(11) (i) 1. In this paragraph the following words have the meanings indicated.

2. “Body–worn digital recording device” means a device worn on the person of a law enforcement officer or a correctional officer that is capable of recording video and intercepting oral communications.

3. “Electronic control device” has the meaning stated in § 4–109 of the Criminal Law Article.

(ii) It is lawful under this subtitle for a law enforcement officer or a correctional officer in the course of the officer’s regular duty to intercept an oral communication with a body–worn digital recording device or an electronic control device capable of recording video and oral communications if:

1. The law enforcement officer or correctional officer is in uniform or prominently displaying the officer’s badge or other insignia;

2. The law enforcement officer or correctional officer is making reasonable efforts to conform to standards in accordance with § 3–511 of the Public Safety Article or § 8–211 of the Correctional Services Article for the use of body–worn digital recording devices or electronic control devices capable of recording video and oral communications;

3. The law enforcement officer or correctional officer is a party to the oral communication;

4. Law enforcement or the correctional officer notifies, as soon as is practicable, the individual that the individual is being recorded, unless it is unsafe, impractical, or impossible to do so; and

5. The oral interception is being made as part of a videotape or digital recording.

(iii) Failure to notify under subparagraph (ii)4 of this paragraph does not affect the admissibility in court of the recording if the failure to notify involved an individual who joined a discussion in progress for which proper notification was previously given.

(d) (1) Except as provided in paragraph (2) of this subsection, a person or entity providing an electronic communication service to the public may not intentionally divulge the contents of any communication (other than one to the person or entity providing the service, or an agent of the person or entity) while in transmission on that service to any person or entity other than an addressee or intended recipient of the communication or an agent of the addressee or intended recipient.

(2) A person or entity providing electronic communication service to the public may divulge the contents of a communication:

(i) As otherwise authorized by federal or State law;

(ii) To a person employed or authorized, or whose facilities are used, to forward the communication to its destination; or

(iii) That were inadvertently obtained by the service provider and that appear to pertain to the commission of a crime, if the divulgence is made to a law enforcement agency.

(e) (1) Except as provided in paragraph (2) of this subsection or in subsection (f) of this section, a person who violates subsection (d) of this section is subject to a fine of not more than $10,000 or imprisonment for not more than 5 years, or both.

(2) If an offense is a first offense under paragraph (1) of this subsection and is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain, and the wire or electronic communication with respect to which the offense occurred is a radio communication that is not scrambled or encrypted, and:

(i) The communication is not the radio portion of a cellular telephone communication, a public land mobile radio service communication, or a paging service communication, the offender is subject to a fine of not more than $1,000 or imprisonment for not more than 1 year, or both; or

(ii) The communication is the radio portion of a cellular telephone communication, a public land mobile radio service communication, or a paging service communication, the offender is subject to a fine of not more than $500.

(3) Unless the conduct is for the purpose of direct or indirect commercial advantage or private financial gain, conduct which would otherwise be an offense under this subsection is not an offense under this subsection if the conduct consists of or relates to the interception of a satellite transmission that is not encrypted or scrambled and that is transmitted:

(i) To a broadcasting station for purposes of retransmission to the general public; or

(ii) As an audio subcarrier intended for redistribution to facilities open to the public, but not including data transmissions or telephone calls.

(f) (1) A person who engages in conduct in violation of this subtitle is subject to suit by the federal government or by the State in a court of competent jurisdiction, if the communication is:

(i) A private satellite video communication that is not scrambled or encrypted and the conduct in violation of this subtitle is the private viewing of that communication, and is not for a tortious or illegal purpose, or for purposes of direct or indirect commercial advantage, or private commercial gain; or

(ii) A radio communication that is transmitted on frequencies allocated under Subpart D of Part 74 of the Rules of the Federal Communications Commission that is not scrambled or encrypted and the conduct in violation of this subtitle is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain.

(2) (i) The State is entitled to appropriate injunctive relief in an action under this subsection if the violation is the person’s first offense under subsection (e)(1) of this section and the person has not been found liable in a prior civil action under § 10–410 of this subtitle.

(ii) In an action under this subsection, if the violation is a second or subsequent offense under subsection (e)(1) of this section or if the person has been found liable in a prior civil action under § 10–410 of this subtitle, the person is subject to a mandatory civil fine of not less than $500.

(3) The court may use any means within its authority to enforce an injunction issued under paragraph (2)(i) of this subsection, and shall impose a civil fine of not less than $500 for each violation of an injunction issued under paragraph (2)(i) of this subsection.
Md. Code, Land Use § 10-401 — MD Code / Article glu / Title 10 / Subtitle 4 / Section 10-401
§10–401.
Status: in_force

(a) A violation of this title or a local law enacted or regulation adopted under this title is a misdemeanor.

(b) (1) The Mayor and City Council of Baltimore City may provide by local law for the enforcement of this title and any local law enacted or regulation adopted under this title.

(2) The Mayor and City Council of Baltimore City may:

(i) require punishment by fine or imprisonment or both; and

(ii) enact or adopt civil penalties for a violation.

(3) The Mayor and City Council of Baltimore City may provide by local law that a violation of this title or a local law enacted or regulation adopted under this title is a civil zoning violation.

(c) In addition to any other available remedies, the proper authorities of Baltimore City may institute any appropriate action or proceedings to:

(1) prevent the unlawful construction, alteration, repair, conversion, maintenance, or use of a sign, a building, a structure, or land in violation of this title or any local law enacted or regulation adopted under this title;

(2) restrain, correct, or abate the violation;

(3) prevent the occupancy of the building, structure, or land; or

(4) prevent any illegal act, conduct, business, or use in or about the premises of the building, structure, or land.
Md. Code, Economic Development § 10-831 — MD Code / Article gec / Title 10 / Subtitle 8 / Section 10-831
§10–831.
Status: in_force

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

(b) (1) Seven members of the Institute Board are a quorum.

(2) The Institute Board may act with an affirmative vote of five members.
Md. Code, Tax - Property § 10-204.4 — MD Code / Article gtp / Title 10 / Subtitle 2 / Section 10-204.4
§10–204.
Status: in_force

§10–204.4.

(a) Notwithstanding Subtitle 1 of this title, the governing body of Charles County may authorize, by law, a payment deferral of the county property tax for residential real property occupied as the principal residence of the owner.

(b) An owner is eligible for a payment deferral under subsection (a) of this section if the owner or at least 1 of the owners:

(1) has resided in the dwelling for a period of at least 5 consecutive years; and

(2) meets the income and age eligibility requirements determined under subsection (c) of this section.

(c) If the governing body of Charles County authorizes a payment deferral under this section, the governing body shall specify:

(1) the minimum age of an owner to determine eligibility for the payment deferral;

(2) the amount of the tax that may be deferred, not exceeding the increase in the county property tax from the date the taxpayer elects to defer the payment of the tax;

(3) the duration of the payment deferral under subsection (a) of this section;

(4) restrictions on the amount of the real property eligible for a payment deferral, except that the amount of eligible property may not be less than the dwelling and curtilage, as determined by the supervisor;

(5) the rate of interest to be paid on the county property tax payment from the due date without a deferral until the date that the county property tax is paid;

(6) that any mortgagee or beneficiary under a deed of trust be entitled to receive notice of the deferral and of the amount of tax to be deferred; and

(7) the level of income to determine eligibility for the payment deferral.

(d) The county property tax that is deferred under this section and any interest specified in subsection (c)(5) of this section are due:

(1) when the eligible owner dies; or

(2) immediately upon transfer of ownership of the property for which the property tax has been deferred.

(e) The governing body of Charles County shall specify the cumulative amount of the deferral and related interest in the taxpayer’s annual property tax bill.

(f) (1) A lien shall attach to the property in the amount of all deferred taxes and interest.

(2) The lien shall remain attached until the deferred taxes and interest are paid.

(g) (1) The governing body of Charles County shall authorize the deferral by written agreement.

(2) The agreement shall reflect the terms and conditions of the deferral, including notice of the lien.

(3) The agreement shall be recorded in the land records of the county.

(h) Penalties may not be charged during the period of the deferral on any tax payments deferred under this section.
Md. Code, Economic Development § 10-4A-04 — MD Code / Article gec / Title 10 / Subtitle 4A / Section 10-4A-04
§10–4A–04.
Status: in_force

(a) The Governor shall appoint a chair from among the members.

(b) The Authority shall determine the manner of election of officers and their terms of office.
Md. Code, Courts and Judicial Proceedings § 10-411 — MD Code / Article gcj / Title 10 / Subtitle 4 / Section 10-411
§10–411.
Status: in_force

(a) Law enforcement agencies in the State shall register with the Department of State Police all electronic, mechanical or other devices whose design renders them primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications which are owned by them or possessed by or in the control of the agency, their employees or agents. All such devices shall be registered within ten days from the date on which the devices came into the possession or control of the agency, their employees or agents.

(b) Information to be furnished with such registration shall include the name and address of the agency as well as a detailed description of each device registered and further information as the State Court Administrator may require.

(c) A serial number shall be issued for each device registered pursuant to this section, which number shall be affixed or indicated on the device in question.
Md. Code, Economic Development § 10-503 — MD Code / Article gec / Title 10 / Subtitle 5 / Section 10-503
§10–503.
Status: in_force

This subtitle shall be liberally construed to carry out its purposes.
Md. Code, Family Law § 10-346 — MD Code / Article gfl / Title 10 / Subtitle 3 / Section 10-346
§10–346.
Status: in_force

(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

(1) the issuing tribunal lacked personal jurisdiction over the contesting party;

(2) the order was obtained by fraud;

(3) the order has been vacated, suspended, or modified by a later order;

(4) the issuing tribunal has stayed the order pending appeal;

(5) there is a defense under the law of this State to the remedy sought;

(6) full or partial payment has been made;

(7) the statute of limitation under § 10–343 of this subtitle precludes enforcement of some or all of the alleged arrearages; or

(8) the alleged controlling order is not the controlling order.

(b) If a party presents evidence establishing a full or partial defense under subsection (a) of this section, a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this State.

(c) If the contesting party does not establish a defense under subsection (a) of this section to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
Md. Code, Economic Development § 10-122 — MD Code / Article gec / Title 10 / Subtitle 1 / Section 10-122
§10–122.
Status: in_force

(a) The portion of the proceeds of bonds issued to pay costs of a project may be invested in investments or other obligations that mature no later than the times when the proceeds will be needed.

(b) (1) Except as provided in paragraph (2) of this subsection, the Corporation shall determine the investment of bond proceeds.

(2) If the Corporation loans the proceeds of the bonds to a person as provided in § 10-125 of this subtitle, the loan recipient shall determine the investment of bond proceeds.

(c) The Corporation or the loan recipient may apply earnings and profits on investments or other obligations:

(1) to the payment of any cost; or

(2) in any other lawful manner.
Md. Code, Family Law § 10-138 — MD Code / Article gfl / Title 10 / Subtitle 1 / Section 10-138
§10–138.
Status: in_force

(a) Upon request of the obligor, the court shall immediately authorize service of an earnings withholding order.

(b) Notwithstanding any other provision of this Part III, a court may at any time issue an earnings withholding order, in a contempt or other proceeding, if:

(1) the recipient or the support enforcement agency has filed a petition that includes a request for an earnings withholding order; and

(2) the obligor is in arrears in support payments of more than 30 days.

(c) A hearing shall be held if the obligor appears and contests the issuance of the order.

(d) The amount of the wage withholding order entered under this subsection:

(1) shall be enough to pay the support as originally entered by the court; and

(2) may include a part of the arrearage.
Md. Code, Courts and Judicial Proceedings § 10-1004 — MD Code / Article gcj / Title 10 / Subtitle 10 / Section 10-1004
§10–1004.
Status: in_force

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

(2) “Medical examiner’s case” has the meaning stated in § 5–301(c) of the Health – General Article.

(3) “Mortician” has the meaning stated in § 7–101(s) of the Health Occupations Article.

(b) (1) In a criminal proceeding for a death which is a medical examiner’s case, the chain of physical custody and control may be established by a signed statement by the mortician, or the mortician’s agent, servant, or employee, who transported the body to the medical examiner’s office, without the necessity of the personal appearance in court by the person who signed the statement.

(2) The statement shall contain:

(i) A description of the initial condition of the body when it was taken into custody by the mortician or the mortician’s agent, servant, or employee;

(ii) A statement that the body was delivered to the medical examiner on a certain date on or about a certain time; and

(iii) A statement that the body was in essentially the same condition when delivered to the medical examiner as when it was taken into custody.

(3) A statement is prima facie evidence of the facts stated.

(c) (1) If the State intends to offer the statement without the testimony of the mortician, or the mortician’s agent, servant, or employee, the State shall, at least 25 days before trial, give the defendant or the defendant’s attorney notice of its intention and deliver a copy of the statement.

(2) If the defendant desires that the mortician or the mortician’s agent, servant, or employee, be present and testify at trial, the defendant shall notify the State at least 15 days before trial. If a timely notice is given, the statement is inadmissible without the testimony of the mortician, or the mortician’s agent, servant, or employee.

(d) Nothing in this section precludes the right of a party to introduce any evidence supporting or contradicting the evidence contained in the statement.
Md. Code, Human Services § 10-903 — MD Code / Article ghu / Title 10 / Subtitle 9 / Section 10-903
§10–903.
Status: in_force

(a) There is an Office of the Long–Term Care Ombudsman in the Department.

(b) (1) Unless the Secretary is subject to a conflict of interest that cannot be removed, the Secretary shall select a State Long–Term Care Ombudsman.

(2) If the Secretary is subject to a conflict of interest that cannot be removed, the Secretary shall designate another individual, who is not subject to a conflict of interest, to select the State Long–Term Care Ombudsman.

(c) The State Long–Term Care Ombudsman:

(1) shall personally administer the Office;

(2) shall have expertise and experience in the field of long–term care advocacy;

(3) may not have any conflict of interest with the position; and

(4) shall, on a full–time basis, perform duties related to the Program.

(d) The State Long–Term Care Ombudsman shall personally or through designated ombudsmen:

(1) identify, investigate, and resolve complaints from any source made by, or on behalf of, a resident relating to any action, inaction, or decision, that may adversely affect the health, safety, welfare, or rights of a resident including the welfare and rights of residents with respect to the appointment and activities of guardians and representative payees, of:

(i) a provider, or a representative of a provider, of long–term care services;

(ii) a public agency; or

(iii) a health or social service agency;

(2) represent the interests of residents before governmental agencies and seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of residents;

(3) provide information as appropriate to other agencies and the public regarding the problems and concerns of residents;

(4) inform residents, family members, and others acting on behalf of residents about how to access the assistance and services of the Office and the services and assistance of other providers or agencies, including legal services;

(5) ensure regular and timely access to and response from the Office;

(6) comment on, facilitate public comment on, and recommend changes to existing or proposed laws, rules, regulations, and other governmental policies and actions that affect the health, safety, welfare, and rights of residents;

(7) provide technical support for the development of resident and family councils to protect the well–being and rights of residents;

(8) provide for the education and training of ombudsmen;

(9) educate facilities, agencies, and staff members concerning the rights and welfare of residents;

(10) promote the development of citizen organizations to advocate for the well–being and rights of residents;

(11) provide services to assist residents in protecting the health, safety, welfare, and rights of residents; and

(12) carry out any other activities that the Secretary determines to be appropriate or that are required by the federal Older Americans Act.
Md. Code, Economic Development § 10-657.4 — MD Code / Article gec / Title 10 / Subtitle 6 / Section 10-657.4
§10–657.
Status: in_force

§10–657.4.

(a) In this section, “Fund” means the Hagerstown Multi–Use Sports and Events Facility Fund.

(b) There is a Hagerstown Multi–Use Sports and Events Facility Fund.

(c) The purpose of the Fund is to enable the Authority to:

(1) use the Fund as a revolving fund for implementing this subtitle as it relates to the Hagerstown Multi–Use Sports and Events Facility; and

(2) pay any expenses incurred by the Authority that are related to the Hagerstown Multi–Use Sports and Events Facility.

(d) The Authority shall administer the Fund.

(e) (1) The Fund is a continuing, nonlapsing fund that is not subject to reversion under § 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) (1) To the extent considered appropriate by the Authority, the receipts of the Fund shall be pledged to and charged with the following relating to the Hagerstown Multi–Use Sports and Events Facility:

(i) payment of debt service on Authority bonds;

(ii) all reasonable charges and expenses related to the Authority’s borrowing; and

(iii) the management of Authority obligations.

(2) The pledge shall be effective as provided in § 10–634 of this subtitle.

(g) The Fund consists of:

(1) money appropriated for deposit in the Fund;

(2) revenues collected or received from any source under this subtitle concerning the Hagerstown Multi–Use Sports and Events Facility; and

(3) any additional money made available from any public or private source for the purposes established for the Fund.

(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 paid into the Fund.
Md. Code, Tax - Property § 10-206 — MD Code / Article gtp / Title 10 / Subtitle 2 / Section 10-206
§10–206.
Status: in_force

(a) If a corporation submits articles of dissolution to the Department, the Department shall immediately certify to the collector the assessment of any personal property of the corporation that is subject to property tax on the most recent date of finality.

(b) The collector shall send to the corporation a personal property tax bill that is calculated by applying the current property tax rates to the assessment that is determined under subsection (a) of this section.

(c) If the property tax payment is less than the property tax as finally determined, the collector shall send a bill to the taxpayer for the difference.
Md. Code, Business Occupations and Professions § 10-101 — MD Code / Article gbo / Title 10 / Subtitle 1 / Section 10-101
§10–101.
Status: in_force

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

(b) “Admission to the Bar” means, unless the context requires otherwise, authorization by the Supreme Court of Maryland to practice law in the State.

(c) “Attorney at law” means a lawyer who, while practicing law, represents another person.

(d) “Bar” means, unless the context requires otherwise, the Bar of the Supreme Court of Maryland.

(e) “Board” means the State Board of Law Examiners.

(f) (1) “Court” means, unless the context requires otherwise:

(i) the Supreme Court of Maryland;

(ii) the Appellate Court of Maryland;

(iii) a circuit court; or

(iv) the District Court of Maryland.

(2) “Court” does not include:

(i) an orphans’ court; or

(ii) the Maryland Tax Court.

(g) “Lawyer” means an individual who is admitted to the Bar.

(h) (1) “Practice law” means to engage in any of the following activities:

(i) giving legal advice;

(ii) representing another person before a unit of the State government or of a political subdivision; or

(iii) performing any other service that the Supreme Court of Maryland defines as practicing law.

(2) “Practice law” includes:

(i) advising in the administration of probate of estates of decedents in an orphans’ court of the State;

(ii) preparing an instrument that affects title to real estate;

(iii) preparing or helping in the preparation of any form or document that is filed in a court or affects a case that is or may be filed in a court; and

(iv) giving advice about a case that is or may be filed in a court.
Md. Code, Economic Development § 10-1117 — MD Code / Article gec / Title 10 / Subtitle 11 / Section 10-1117
§10–1117.
Status: reserved

The Board shall:

(1) develop a public and internal strategic plan that includes:

(i) performance goals and measures;

(ii) a mission statement and core values;

(iii) an analysis of strengths, weaknesses, opportunities, and threats;

(iv) action plans; and

(v) yearly and long–term goals and objectives;

(2) review strategic plans and update the plans annually to measure performance;

(3) approve compensation plans for the Chief Executive Officer and employees of the Corporation;

(4) designate a person to review and approve expense reimbursements of the Chief Executive Officer and employees of the Corporation in accordance with standards established by the Board;

(5) designate a person to receive ethics complaints and any complaints involving the Board, the Chief Executive Officer, and employees of the Corporation;

(6) establish policies that govern:

(i) severance packages for employees that involuntarily leave employment;

(ii) tuition reimbursement and limits for employees;

(iii) eligible expense reimbursement requirements that include:

1. the types of expenses that are considered part of Corporation functions;

2. limits on reimbursements and time frames for submission; and

3. allowable travel expenses including any out–of–state travel;

(iv) the use of all Corporation equipment, personal property, and real property and whether any property may be transferred to a departing employee; and

(v) whistleblower complaints and protections for those filing complaints; and

(7) conduct an annual performance review of the Chief Executive Officer.
Md. Code, State Personnel and Pensions § 10-202 — MD Code / Article gsp / Title 10 / Subtitle 2 / Section 10-202
§10–202.
Status: in_force

(a) Except as provided in subsection (b) of this section, this subtitle applies to all employees of all units in the Executive Branch of State government, including a unit with independent pay-setting authority.

(b) This subtitle does not apply to any employee who holds a position that is included in the Executive Pay Plan.
Md. Code, Criminal Law § 10-110 — MD Code / Article gcr / Title 10 / Subtitle 1 / Section 10-110
§10–110.
Status: in_force

§10–110. IN EFFECT

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

(2) “Bi–county unit” means:

(i) the Maryland–National Capital Park and Planning Commission; or

(ii) the Washington Suburban Sanitary Commission.

(3) (i) “Bulky item” means any discarded furniture, home or industrial appliance, or abandoned vehicle or part of an abandoned vehicle not designated for disposal purposes under the laws of Prince George’s County or Charles County.

(ii) “Bulky item” does not include discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, including:

1. beverage containers and closures;

2. packaging;

3. wrappers;

4. wastepaper;

5. newspapers;

6. magazines; and

7. waste matter that escapes or is allowed to escape from a container, receptacle, or package.

(4) “Litter” means all rubbish, waste matter, refuse, garbage, trash, debris, dead animals, or other discarded materials of every kind and description.

(5) “Public or private property” means:

(i) the right–of–way of a road or highway;

(ii) a body of water or watercourse or the shores or beaches of a body of water or watercourse;

(iii) a park;

(iv) a parking facility;

(v) a playground;

(vi) public service company property or transmission line right–of–way;

(vii) a building;

(viii) a refuge or conservation or recreation area;

(ix) residential or farm property; or

(x) timberlands or a forest.

(b) The General Assembly intends to:

(1) prohibit uniformly throughout the State the improper disposal of litter on public or private property; and

(2) curb the desecration of the beauty of the State and harm to the health, welfare, and safety of its citizens caused by the improper disposal of litter.

(c) A person may not:

(1) dispose of litter on a highway or perform an act that violates the State Vehicle Laws regarding disposal of litter, glass, and other prohibited substances on highways; or

(2) dispose or cause or allow the disposal of litter on public or private property unless:

(i) the property is designated by the State, a unit of the State, or a political subdivision of the State for the disposal of litter and the person is authorized by the proper public authority to use the property; or

(ii) the litter is placed into a litter receptacle or container installed on the property.

(d) If two or more individuals are occupying a motor vehicle, boat, airplane, or other conveyance from which litter is disposed in violation of subsection (c) of this section, and it cannot be determined which occupant is the violator:

(1) if present, the owner of the conveyance is presumed to be responsible for the violation; or

(2) if the owner of the conveyance is not present, the operator is presumed to be responsible for the violation.

(e) Notwithstanding any other law, if the facts of a case in which a person is charged with violating this section are sufficient to prove that the person is responsible for the violation, the owner of the property on which the violation allegedly occurred need not be present at a court proceeding regarding the case.

(f) (1) A person who violates this section is subject to the penalties provided in this subsection.

(2) (i) A person who disposes of litter in violation of this section in an amount not exceeding 100 pounds or 27 cubic feet and not for commercial gain is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $1,500 or both.

(ii) A person who disposes of litter in violation of this section in an amount exceeding 100 pounds or 27 cubic feet, but not exceeding 500 pounds or 216 cubic feet, and not for commercial gain is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $12,500 or both.

(iii) A person who disposes of litter in violation of this section in an amount exceeding 500 pounds or 216 cubic feet or in any amount for commercial gain is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $30,000 or both.

(3) In addition to the penalties provided under paragraph (2) of this subsection, a court may order the violator to:

(i) remove or render harmless the litter disposed of in violation of this section;

(ii) repair or restore any property damaged by, or pay damages for, the disposal of the litter in violation of this section;

(iii) perform public service relating to the removal of litter disposed of in violation of this section or to the restoration of an area polluted by litter disposed of in violation of this section; or

(iv) reimburse the State, county, municipal corporation, or bi–county unit for its costs incurred in removing the litter disposed of in violation of this section.

(4) (i) If a person is convicted of a violation under this section and the person used a motor vehicle in the commission of the violation, the court shall notify the Motor Vehicle Administration of the violation.

(ii) The Chief Judge of the District Court and the Administrative Office of the Courts, in conjunction with the Motor Vehicle Administration, shall establish uniform procedures for reporting a violation under this paragraph.

(g) A law enforcement unit, officer, or official of the State or a political subdivision of the State, or an enforcement unit, officer, or official of a commission of the State, or a political subdivision of the State, shall enforce compliance with this section.

(h) A unit that supervises State property shall:

(1) establish and maintain receptacles for the disposal of litter at appropriate locations where the public frequents the property;

(2) post signs directing persons to the receptacles and serving notice of the provisions of this section; and

(3) otherwise publicize the availability of litter receptacles and the requirements of this section.

(i) (1) Fines collected for violations of this section shall be disbursed:

(i) to the county or municipal corporation where the violation occurred; or

(ii) if the bi–county unit is the enforcement unit and the violations occurred on property over which the bi–county unit exercises jurisdiction, to the bi–county unit.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, fines collected shall be used to pay for litter receptacles and posting signs as required by subsection (h) of this section and for other purposes relating to the removal or control of litter.

(ii) Fines collected in Prince George’s County shall be used to pay for:

1. maintenance costs associated with the pilot program established under subsection (k) of this section;

2. litter receptacles and posting signs that are required by subsection (h) of this section and for other purposes related to the removal or control of litter;

3. the removal or control of litter, litter removal programs, oversight, and operations performed by the unit that supervises State property; and

4. rewards to members of the public who submit video evidence through a program established under subsection (k) of this section.

(j) (1) The legislative body of a municipal corporation may:

(i) prohibit littering; and

(ii) classify littering as a municipal infraction under Title 6 of the Local Government Article.

(2) The governing bodies of Anne Arundel County, Prince George’s County, Calvert County, and Montgomery County may each adopt an ordinance to prohibit littering under this section and, for violations of the ordinance, may impose criminal penalties and civil penalties that do not exceed the criminal penalties and civil penalties specified in subsection (f)(1) through (3) of this section.

(3) (i) The governing bodies of Prince George’s County and Charles County may each adopt an ordinance to prohibit the disposal of a bulky item:

1. on a highway; or

2. on public or private property unless the property is designated by the State, a unit of the State, or a political subdivision of the State for the disposal of bulky items and the person is authorized by the proper public authority to use the property.

(ii) For violations of an ordinance adopted under this paragraph, a county may impose criminal penalties and civil penalties that do not exceed the criminal penalties and civil penalties specified in subparagraph (iii) of this paragraph.

(iii) A person who disposes of a bulky item in violation of this paragraph is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $5,000 or both.

(k) (1) The governing body for Prince George’s County may establish a pilot program allowing a member of the public to:

(i) submit video evidence of an alleged violation of this section occurring in Prince George’s County to an enforcement unit with jurisdiction; and

(ii) receive half the total amount of any fines collected in relation to the violation if the video evidence leads to a conviction under this section.

(2) If a person fined under this subsection does not pay the fine, the governing body of Prince George’s County may refer the amount of the unpaid outstanding fine to the Central Collection Unit of the Department of Budget and Management.

(l) This section may be cited as the “Illegal Dumping and Litter Control Law”.

§10–110. // EFFECTIVE SEPTEMBER 30, 2030 PER CHAPTER 181 OF 2025 //

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

(2) “Bi–county unit” means:

(i) the Maryland–National Capital Park and Planning Commission; or

(ii) the Washington Suburban Sanitary Commission.

(3) (i) “Bulky item” means any discarded furniture, home or industrial appliance, or abandoned vehicle or part of an abandoned vehicle not designated for disposal purposes under the laws of Prince George’s County or Charles County.

(ii) “Bulky item” does not include discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, including:

1. beverage containers and closures;

2. packaging;

3. wrappers;

4. wastepaper;

5. newspapers;

6. magazines; and

7. waste matter that escapes or is allowed to escape from a container, receptacle, or package.

(4) “Litter” means all rubbish, waste matter, refuse, garbage, trash, debris, dead animals, or other discarded materials of every kind and description.

(5) “Public or private property” means:

(i) the right–of–way of a road or highway;

(ii) a body of water or watercourse or the shores or beaches of a body of water or watercourse;

(iii) a park;

(iv) a parking facility;

(v) a playground;

(vi) public service company property or transmission line right–of–way;

(vii) a building;

(viii) a refuge or conservation or recreation area;

(ix) residential or farm property; or

(x) timberlands or a forest.

(b) The General Assembly intends to:

(1) prohibit uniformly throughout the State the improper disposal of litter on public or private property; and

(2) curb the desecration of the beauty of the State and harm to the health, welfare, and safety of its citizens caused by the improper disposal of litter.

(c) A person may not:

(1) dispose of litter on a highway or perform an act that violates the State Vehicle Laws regarding disposal of litter, glass, and other prohibited substances on highways; or

(2) dispose or cause or allow the disposal of litter on public or private property unless:

(i) the property is designated by the State, a unit of the State, or a political subdivision of the State for the disposal of litter and the person is authorized by the proper public authority to use the property; or

(ii) the litter is placed into a litter receptacle or container installed on the property.

(d) If two or more individuals are occupying a motor vehicle, boat, airplane, or other conveyance from which litter is disposed in violation of subsection (c) of this section, and it cannot be determined which occupant is the violator:

(1) if present, the owner of the conveyance is presumed to be responsible for the violation; or

(2) if the owner of the conveyance is not present, the operator is presumed to be responsible for the violation.

(e) Notwithstanding any other law, if the facts of a case in which a person is charged with violating this section are sufficient to prove that the person is responsible for the violation, the owner of the property on which the violation allegedly occurred need not be present at a court proceeding regarding the case.

(f) (1) A person who violates this section is subject to the penalties provided in this subsection.

(2) (i) A person who disposes of litter in violation of this section in an amount not exceeding 100 pounds or 27 cubic feet and not for commercial gain is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $1,500 or both.

(ii) A person who disposes of litter in violation of this section in an amount exceeding 100 pounds or 27 cubic feet, but not exceeding 500 pounds or 216 cubic feet, and not for commercial gain is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $12,500 or both.

(iii) A person who disposes of litter in violation of this section in an amount exceeding 500 pounds or 216 cubic feet or in any amount for commercial gain is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $30,000 or both.

(3) In addition to the penalties provided under paragraph (2) of this subsection, a court may order the violator to:

(i) remove or render harmless the litter disposed of in violation of this section;

(ii) repair or restore any property damaged by, or pay damages for, the disposal of the litter in violation of this section;

(iii) perform public service relating to the removal of litter disposed of in violation of this section or to the restoration of an area polluted by litter disposed of in violation of this section; or

(iv) reimburse the State, county, municipal corporation, or bi–county unit for its costs incurred in removing the litter disposed of in violation of this section.

(4) (i) If a person is convicted of a violation under this section and the person used a motor vehicle in the commission of the violation, the court shall notify the Motor Vehicle Administration of the violation.

(ii) The Chief Judge of the District Court and the Administrative Office of the Courts, in conjunction with the Motor Vehicle Administration, shall establish uniform procedures for reporting a violation under this paragraph.

(g) A law enforcement unit, officer, or official of the State or a political subdivision of the State, or an enforcement unit, officer, or official of a commission of the State, or a political subdivision of the State, shall enforce compliance with this section.

(h) A unit that supervises State property shall:

(1) establish and maintain receptacles for the disposal of litter at appropriate locations where the public frequents the property;

(2) post signs directing persons to the receptacles and serving notice of the provisions of this section; and

(3) otherwise publicize the availability of litter receptacles and the requirements of this section.

(i) (1) Fines collected for violations of this section shall be disbursed:

(i) to the county or municipal corporation where the violation occurred; or

(ii) if the bi–county unit is the enforcement unit and the violations occurred on property over which the bi–county unit exercises jurisdiction, to the bi–county unit.

(2) Fines collected shall be used to pay for litter receptacles and posting signs as required by subsection (h) of this section and for other purposes relating to the removal or control of litter.

(j) (1) The legislative body of a municipal corporation may:

(i) prohibit littering; and

(ii) classify littering as a municipal infraction under Title 6 of the Local Government Article.

(2) The governing bodies of Anne Arundel County, Prince George’s County, Calvert County, and Montgomery County may each adopt an ordinance to prohibit littering under this section and, for violations of the ordinance, may impose criminal penalties and civil penalties that do not exceed the criminal penalties and civil penalties specified in subsection (f)(1) through (3) of this section.

(3) (i) The governing bodies of Prince George’s County and Charles County may each adopt an ordinance to prohibit the disposal of a bulky item:

1. on a highway; or

2. on public or private property unless the property is designated by the State, a unit of the State, or a political subdivision of the State for the disposal of bulky items and the person is authorized by the proper public authority to use the property.

(ii) For violations of an ordinance adopted under this paragraph, a county may impose criminal penalties and civil penalties that do not exceed the criminal penalties and civil penalties specified in subparagraph (iii) of this paragraph.

(iii) A person who disposes of a bulky item in violation of this paragraph is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $5,000 or both.

(k) This section may be cited as the “Illegal Dumping and Litter Control Law”.
Md. Code, Tax - General § 10-206 — MD Code / Article gtg / Title 10 / Subtitle 2 / Section 10-206
§10–206.
Status: in_force

(a) The amounts under this section are added to the federal adjusted gross income of a nonresident to determine Maryland adjusted gross income.

(b) To the extent attributable to Maryland sources the addition under subsection (a) of this section includes the additions required for a resident under § 10-204 of this subtitle.

(c) The addition under subsection (a) of this section includes the additions required for a resident under § 10-205 of this subtitle.

(d) The addition under subsection (a) of this section includes the amount of any loss or adjustment to income that:

(1) is included in computing federal adjusted gross income; and

(2) is not attributable to Maryland sources.
Md. Code, Transportation § 10-205 — MD Code / Article gtr / Title 10 / Subtitle 2 / Section 10-205
§10–205.
Status: in_force

(a) In accordance with and subject to the principle that, if there is substantial State financial support for the planned rapid rail mass transit system in one metropolitan area of this State, there should be substantial State financial support for the planned rapid rail mass transit system in the other metropolitan area of this State, and subject to the appropriation requirements and budgetary provisions of § 3–216(d) of this article, the Department shall provide for grants to the Washington Suburban Transit District in an amount equal to the current expenditures required of the Washington Suburban Transit District in accordance with capital contributions agreements between the Washington Metropolitan Area Transit Authority, the Washington Suburban Transit District, and other participating jurisdictions. The Washington Suburban Transit District shall consult with the Secretary of Transportation prior to the execution of any capital contributions agreement.

(b) (1) Subject to the appropriation requirements and budgetary provisions of § 3–216(d) of this article and upon receipt of an approval of a grant application in such form and detail as the Secretary shall reasonably require, the Department shall provide for annual grants to the Washington Suburban Transit District for a share of the operating deficits of the regional transit system for which the District is responsible. “Operating deficit” means operating costs less:

(i) The greater of operating revenues or 50 percent of the operating costs; and

(ii) All federal operating assistance.

(2) The Department’s share shall equal 100 percent of the operating deficit.

(3) (i) Beginning in fiscal year 2028, for any fiscal year in which the total Maryland operating assistance provided in the approved Washington Metropolitan Area Transit Authority budget increases by more than 3% over the total operating assistance provided in the prior fiscal year’s approved Washington Metropolitan Area Transit Authority budget, the Secretary shall withhold an amount equal to 35% of the funds available under paragraphs (1) and (2) of this subsection.

(ii) For purposes of calculating a budget increase under subparagraph (i) of this paragraph, the following items may not be included:

1. The cost of any service, equipment, or facility that is required by law;

2. A capital project approved by the board of directors of the Washington Metropolitan Area Transit Authority;

3. Any payments or obligations arising from or related to legal disputes or proceedings or arbitration proceedings between or among the Washington Metropolitan Area Transit Authority and any other person; and

4. Any service increases approved by the board of directors of the Washington Metropolitan Area Transit Authority.

(4) The Secretary shall withhold an amount equal to 35% of the funds available under paragraphs (1) and (2) of this subsection for any fiscal year in which:

(i) The chairman of the board of directors of the Washington Metropolitan Area Transit Authority:

1. Has served as chairman for at least 2 prior years; or

2. Represents the same jurisdiction as the member who served as chairman for the 2 immediately preceding years; or

(ii) The Purple Line, as defined in § 2–103.8 of this article, is in service and is not included on the maps posted at Washington Metropolitan Area Transit Authority stations.

(c) Subject to the appropriation requirements and budgetary provision of § 3–216(d) of this article, the Department shall provide for grants to the Washington Suburban Transit District in an amount equal to 75 percent of the net debt service assigned to the Washington Suburban Transit District on bonds issued by the Washington Metropolitan Area Transit Authority. In no event shall the amount of net debt service, including the refinancing of any debt, required of the Washington Suburban Transit District exceed the amount presently assigned on a year by year basis to the Washington Suburban Transit District, and payable through the year 2014. Nothing in this article shall preclude the use of bond proceeds for capital improvements and replacements of the “Adopted Regional System – 1968” revised as of January 1, 1992.

(d) (1) In accordance with and subject to the principle that, if there is substantial State financial support for rapid rail and bus transit capital replacement costs in one metropolitan area of this State, there should be substantial State financial support for the costs of similar needs in the other metropolitan area of this State, and in recognition of the fact that timely replacement of capital facilities and equipment is essential to safe and reliable transit service, the Department shall provide grants to fully fund the Washington Suburban Transit District’s share of the Washington Metropolitan Area Transit Authority’s capital equipment replacement programs.

(2) The grants under this subsection:

(i) Shall be made subject to the appropriation and budgetary provisions of § 3–216(d) of this article;

(ii) Shall be included in the State budget beginning in fiscal year 2000;

(iii) Notwithstanding any other provision of law, may be funded with revenues derived from:

1. Any State–enacted transportation fees or taxes; or

2. Federal transportation grants available to the State to fund transit capital equipment replacement; and

(iv) Shall be contingent on the receipt of a request by the District to the Department, based on annual capital improvements programs adopted by the Washington Metropolitan Area Transit Authority.

(e) Subject to the appropriation requirements and budgetary provisions of § 3–216(d) of this article, the Department shall provide grants from amounts derived from the Transportation Trust Fund to the Washington Suburban Transit District for the purpose of funding Maryland’s required share of local funds for the Washington Metropolitan Area Transit Authority to match any federal funds appropriated in any given year authorized under Title VI, § 601, P.L. 110–432.

(f) (1) Except as provided in paragraph (2) of this subsection, the Governor shall include an appropriation in the annual budget of at least the amount specified in paragraph (4) of this subsection for the sole purpose of providing grants to the Washington Suburban Transit District to pay the capital costs of the Washington Metropolitan Area Transit Authority.

(2) (i) The Governor is not required to make the appropriation under paragraph (1) of this subsection in a fiscal year unless the Department certifies to the Governor in writing before the beginning of the immediately preceding fiscal year that the Washington Metropolitan Area Transit Authority has submitted to the Department:

1. Performance and condition assessments and reports regarding:

A. The safety and reliability of rapid heavy rail and bus systems;

B. The financial performance of the Washington Metropolitan Area Transit Authority as it relates to rail and bus operations, including fare box recovery, service per rider, and cost per service hour;

C. The monthly ridership of rail and bus systems broken down by Metrorail station, Metrorail line, bus route, and bus line;

D. Strategies to reduce costs and improve the Washington Metropolitan Area Transit Authority’s operational efficiency; and

E. The comparison of annual capital investments and approved budgets; and

2. The Washington Metropolitan Area Transit Authority’s:

A. Annual budget;

B. Annual independent financial audit;

C. Annual National Transit Database profile; and

D. Single audit reports issued in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards under 2 C.F.R. Part 200.

(ii) If the Commonwealth of Virginia or the District of Columbia reduce the amount of dedicated capital funding for the Washington Metropolitan Area Transit Authority, the Governor may reduce the appropriation under paragraph (1) of this subsection by a proportional amount.

(iii) 1. The Governor shall withhold 35% of the appropriation under paragraph (1) of this subsection if:

A. The Washington Metropolitan Area Transit Authority has received a modified audit opinion as a result of an annual independent audit conducted in accordance with Article XVI, Section 70 of the Washington Metropolitan Area Transit Authority Compact under § 10–204 of this subtitle; and

B. The Department has not certified to the Governor in writing before the beginning of the immediately preceding fiscal year that the Washington Metropolitan Area Transit Authority has submitted in writing to the board of directors of the Washington Metropolitan Area Transit Authority and the Maryland General Assembly a satisfactory corrective plan that addresses the reasons for the modified audit opinion.

2. The Governor shall release the portion of the appropriation withheld under subsubparagraph 1 of this subparagraph if the Washington Metropolitan Area Transit Authority submits in writing to the board of directors of the Washington Metropolitan Area Transit Authority and, in accordance with § 2–1257 of the State Government Article, the Maryland General Assembly a satisfactory corrective action plan that addresses the reasons for the modified audit opinion.

(3) The Governor shall make the appropriation under paragraph (1) of this subsection from the Transportation Trust Fund.

(4) (i) For the first fiscal year in which the mandated appropriation under this subsection applies, the appropriation under paragraph (1) of this subsection shall equal at least the amount appropriated in the fiscal year 2019 State budget as enacted for the Washington Suburban Transit District to pay the capital costs of the Washington Metropolitan Area Transit Authority.

(ii) For each fiscal year after the first fiscal year in which the mandated appropriation under this subsection applies, the appropriation under paragraph (1) of this subsection shall be equal to the amount of the appropriation for the preceding fiscal year increased by 3%.

(g) (1) The Governor shall include in the State budget an appropriation for the purposes specified under paragraph (2) of this subsection of $167,000,000 from the revenues available for the State capital program in the Transportation Trust Fund.

(2) The Department shall provide an annual grant of at least $167,000,000 to the Washington Suburban Transit District to be used only to pay the capital costs of the Washington Metropolitan Area Transit Authority.

(3) The grant required under paragraph (2) of this subsection is in addition to the appropriation required under subsection (f)(1) of this section.
Md. Code, Tax - General § 10-723 — MD Code / Article gtg / Title 10 / Subtitle 7 / Section 10-723
§10–723.
Status: in_force

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

(2) “Department” means the Department of Natural Resources.

(3) “Member” means:

(i) a shareholder of an S corporation;

(ii) a general or limited partner of a partnership, a limited partnership, or a limited liability partnership;

(iii) a member of a limited liability company; or

(iv) a beneficiary of a business trust or a statutory trust.

(4) “Pass–through entity” means:

(i) an S corporation;

(ii) a partnership;

(iii) a limited liability company that is not taxed as a corporation under this title; or

(iv) a business trust or a statutory trust that is not taxed as a corporation under this title.

(b) (1) An individual or a member of a pass–through entity may claim a credit against the State income tax as provided in this section for an easement conveyed to the Maryland Environmental Trust, the Maryland Agricultural Land Preservation Foundation, or the Department for the purpose of preserving open space, natural resources, agriculture, forest land, watersheds, significant ecosystems, viewsheds, or historic properties, if:

(i) the easement is perpetual; and

(ii) the easement is accepted and approved by the Board of Public Works.

(2) Subject to subsection (d)(2) of this section, the credit under this section shall be allowed for the taxable year in which the conveyance is approved by the Board of Public Works.

(c) (1) Except as otherwise provided in this section, the amount of the credit allowed under this section is the amount by which the fair market value of the property before the conveyance of the easement exceeds the fair market value of the property after the conveyance of the easement.

(2) The fair market value of the property before and after the conveyance of the easement shall be substantiated by an appraisal prepared by a certified real estate appraiser, as defined under § 16–101 of the Business Occupations and Professions Article.

(3) The amount of the credit shall be reduced by the amount of any payment received for the easement.

(d) (1) For any taxable year, the credit allowed under this section may not exceed the lesser of:

(i) the State income tax for that taxable year; or

(ii) $5,000.

(2) If the credit otherwise allowable under subsection (c) of this section exceeds the limit under paragraph (1) of this subsection, a taxpayer may apply the excess as a credit against the State income tax for succeeding taxable years until the earlier of:

(i) the full amount of the excess is used; or

(ii) the expiration of the 15th taxable year after the taxable year in which the conveyance was approved by the Board of Public Works.

(3) For each taxable year, the amount carried forward to the taxable year under paragraph (2) of this subsection may not exceed the limit under paragraph (1) of this subsection.

(4) The sum of all credits claimed by members of a pass–through entity in a taxable year may not exceed the amount specified under paragraph (1)(ii) of this subsection.

(5) (i) For a taxable year, the total aggregate amount of credits claimed by members of pass–through entities under this section may not exceed $200,000.

(ii) For pass–through entities, the Board of Public Works shall approve credits for conveyances under this section on a first–come, first–served basis.

(e) The credit under this section may not be claimed for a required dedication of open space for the purpose of fulfilling density requirements to obtain a subdivision or building permit.

(f) The Comptroller shall adopt regulations to specify procedures for a member of a pass–through entity to claim the credit under this section.
Md. Code, Alcoholic Beverages and Cannabis § 10-101 — MD Code / Article gab / Title 10 / Subtitle 1 / Section 10-101
§10–101.
Status: in_force

(a) In this title:

(1) the definitions in § 1–101 of this article apply without exception or variation; and

(2) the following words have the meanings indicated.

(b) “Board” means the Board of License Commissioners for the City of Annapolis.

(c) “City” means the City of Annapolis.

(d) “Light wine” means wine that contains not more than 15.5% of alcohol by volume.
Md. Code, Economic Development § 10-4A-11 — MD Code / Article gec / Title 10 / Subtitle 4A / Section 10-4A-11
§10–4A–11.
Status: in_force

(a) Designated capital committed by a purchaser shall be paid to the Enterprise Fund in three equal yearly installments due on June 1 of 2012, 2013, and 2014.

(b) On receipt of each installment of designated capital, the Corporation shall issue to each purchaser a tax credit certificate representing a fully vested credit against insurance premium tax liability equal to one–third of the total premium tax credits allocated to the purchaser.

(c) The Corporation shall issue tax credit certificates to purchasers in accordance with the bidding process selected by the independent third party on behalf of the Authority under § 10–4A–10 of this subtitle.

(d) The tax credit certificate shall state:

(1) the total amount of premium tax credits that the purchaser may claim;

(2) the amount of designated capital that the purchaser has contributed in return for the issuance of the tax credit certificate;

(3) the dates on which the tax credits will be available for use by the purchaser;

(4) any penalties or other remedies for noncompliance;

(5) the procedures to be used for transferring the tax credits; and

(6) any other requirements the Corporation considers necessary.

(e) (1) A tax credit certificate may not be issued to any purchaser that fails to make a contribution of designated capital within the time the Corporation specifies.

(2) A purchaser that fails to make a contribution of designated capital within the time the Corporation specifies shall be subject to a penalty equal to 10% of the amount of designated capital that remains unpaid, payable to the Corporation within 30 days after demand by the Corporation.

(3) The Corporation may offer to reallocate the defaulted designated capital among the other purchasers, so that the result after reallocation is the same as if the initial allocation had been performed without considering the premium tax credit allocation to the defaulting purchaser.

(4) If the reallocation of designated capital results in the contribution by another purchaser or purchasers of the amount of designated capital not contributed by the defaulting purchaser, then the Corporation may waive the penalty provided under this subsection.

(5) (i) A purchaser that fails to make a contribution of designated capital within the time specified may avoid the imposition of the penalty by transferring the allocation of tax credits to a new or existing purchaser within 30 days after the due date of the defaulted installment.

(ii) Any transferee of an allocation of tax credits of a defaulting purchaser under this section shall agree to make the required contribution of designated capital within 30 days after the date of the transfer.

(6) (i) The Corporation in its sole discretion may purchase insurance or make other financial arrangements in order to ensure the availability of the full amount of designated capital committed by purchasers.

(ii) The Corporation shall disclose any purchase of insurance or other similar financial arrangement under this paragraph in the annual report required under § 10–4A–28 of this subtitle.
Md. Code, Business Occupations and Professions § 10-605 — MD Code / Article gbo / Title 10 / Subtitle 6 / Section 10-605
§10–605.
Status: in_force

A sheriff, deputy sheriff, constable, police officer, or other law enforcement official may not solicit clients for a lawyer in a place where individuals are held while awaiting trial for criminal offenses.
Md. Code, Health - General § 10-621 — MD Code / Article ghg / Title 10 / Subtitle 6 / Section 10-621
§10–621.
Status: in_force

(a) At least once a year, the Department shall:

(1) Publish a list of emergency facilities and their addresses; and

(2) Give the list to each health department, judge of a court, sheriff’s office, police station, local behavioral health authority, and Secret Service office in this State.

(b) The list published under subsection (a)(1) of this section may include:

(1) Comprehensive crisis response centers;

(2) Crisis stabilization centers;

(3) Crisis treatment centers established under § 7.5–207 of this article; and

(4) Outpatient mental health clinics.

(c) Before including a facility under subsection (b) of this section in the list of emergency facilities, the Department shall consult with stakeholders to develop a model program structure that ensures that a program wishing to serve as an emergency facility:

(1) Is adequately staffed to provide 24–hour emergency petition services;

(2) Provides the necessary services required for an emergency petition;

(3) Has written procedures in place that provide for involuntary admissions, through an emergency petition, including to a licensed hospital, as necessary;

(4) Provides additional support to respect the due process rights of patients received through the emergency petition process; and

(5) Complies with additional procedures as otherwise determined by the Department.

(d) On or before September 30 each year, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:

(1) The number of facilities that have sought to be designated an emergency facility;

(2) The number of the facilities reported under item (1) of this subsection that have attempted to meet the model facility standards developed under subsection (c) of this section;

(3) The progress of the facilities reported under item (2) of this subsection toward meeting the model facility standards;

(4) The development of collaborative models between State, local, and private entities; and

(5) Whether the Department, in consultation with stakeholders, has determined that any changes to the model facility standards are necessary.
Md. Code, Alcoholic Beverages and Cannabis § 10-2001 — MD Code / Article gab / Title 10 / Subtitle 20 / Section 10-2001
§10–2001.
Status: in_force

(a) (1) Unless otherwise provided in this title, from 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in a premises licensed under this title.

(2) An owner, an operator, or a manager of a premises licensed under this title may not knowingly allow consumption of alcoholic beverages prohibited under paragraph (1) of this subsection.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.
Md. Code, Agriculture § 10-116 — MD Code / Article gag / Title 10 / Subtitle 1 / Section 10-116
§10–116.
Status: in_force

The assessing body and the Secretary each may deduct not more than 3 percent of the funds collected by the certified agency to defray the expenses of making assessments under this subtitle.