Md. Code, Human Services § 7-112 — MD Code / Article ghu / Title 7 / Subtitle 1 / Section 7-112
§7–112.
Status: in_force

(a) There is an Advisory Stakeholder Group on Autism–Related Needs.

(b) The Advisory Stakeholder Group on Autism–Related Needs consists of the following members:

(1) one member of the Senate of Maryland, appointed by the President of the Senate;

(2) two members of the House of Delegates, appointed by the Speaker of the House;

(3) the State Superintendent of Schools, or the State Superintendent’s designee;

(4) the Secretary of Disabilities, or the Secretary’s designee;

(5) the Secretary of Human Services, or the Secretary’s designee;

(6) the Secretary of Health, or the Secretary’s designee;

(7) the State Coordinator for Autism Strategy;

(8) one representative of the Maryland Speech–Language–Hearing Association;

(9) one representative of the Maryland Developmental Disabilities Council;

(10) one representative of the Maryland Occupational Therapy Association;

(11) one representative of The ARC Maryland;

(12) one representative of Pathfinders for Autism;

(13) one representative of Itineris;

(14) the following members, appointed by the Governor:

(i) a school psychologist;

(ii) a physical therapist;

(iii) a pediatrician;

(iv) two parents of children with autism;

(v) two self–advocates with autism;

(vi) one representative of public universities in the State;

(vii) one representative of local public school systems in the State; and

(viii) one representative from the business community; and

(15) any additional members with expertise or experience in autism–related needs as considered necessary, appointed by the State Coordinator for Autism Strategy.

(c) The State Coordinator for Autism Strategy shall chair the Advisory Stakeholder Group on Autism–Related Needs.

(d) The Department shall provide staff for the Advisory Stakeholder Group on Autism–Related Needs.

(e) In appointing members under subsection (b) of this section, the appointing authority shall consider the geographical diversity of the State so that the composition of the Advisory Stakeholder Group on Autism–Related Needs reflects the various communities of the State.

(f) A member of the Advisory Stakeholder Group on Autism–Related Needs:

(1) may not receive compensation as a member of the Advisory Stakeholder Group on Autism–Related Needs; but

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

(g) The Advisory Stakeholder Group on Autism–Related Needs shall work with the State Coordinator for Autism Strategy to:

(1) identify and evaluate existing services for individuals with autism and their families;

(2) develop a strategic plan for addressing autism–related needs in the State;

(3) promote, monitor, and evaluate implementation of the strategic plan; and

(4) recommend and implement changes to the strategic plan.

(h) (1) The Advisory Stakeholder Group on Autism–Related Needs shall hold its initial meeting on or before December 31, 2020.

(2) Beginning in 2021, the Advisory Stakeholder Group on Autism–Related Needs shall meet quarterly each calendar year.
Md. Code, Education § 7-419 — MD Code / Article ged / Title 7 / Subtitle 4 / Section 7-419
§7–419.
Status: in_force

(a) A county board shall keep a copy of each inspection report concerning the asbestos inspection of each public school in the county.

(b) Each public school shall keep for review during regular school hours upon request by any member of the public a copy of the inspection report concerning the asbestos inspection at the public school.
Md. Code, Education § 7-1504 — MD Code / Article ged / Title 7 / Subtitle 15 / Section 7-1504
§7–1504.
Status: in_force

(a) There is a School Safety Subcabinet Advisory Board.

(b) The Advisory Board shall include the following members:

(1) One member of the Senate of Maryland, appointed by the President of the Senate;

(2) One member of the House of Delegates, appointed by the Speaker of the House;

(3) A representative of local superintendents of schools, appointed by the Public School Superintendents’ Association of Maryland;

(4) A representative of the Maryland Association of Boards of Education, appointed by the Association;

(5) A school psychologist or licensed or clinical social worker, appointed by the State Superintendent;

(6) A special education administrator, appointed by the State Superintendent;

(7) A classroom teacher, appointed jointly by the Maryland State Education Association and the Baltimore Teachers Union;

(8) A school principal, appointed by the State Superintendent;

(9) One representative of the Department of Human Services, appointed by the Secretary of Human Services;

(10) One representative of the Department of Juvenile Services, appointed by the Secretary of Juvenile Services;

(11) A school resource officer, appointed by the Maryland Association of School Resource Officers;

(12) A sheriff, appointed by the Maryland Sheriffs’ Association;

(13) A chief of police, appointed by the Maryland Chiefs of Police Association, Inc.;

(14) An emergency medical, fire, or rescue services professional, appointed by the Maryland Institute for Emergency Medical Services Systems;

(15) The Director of the Maryland Coordination and Analysis Center, or the Director’s designee;

(16) One representative of the Maryland Assembly on School–Based Health Care, appointed by the Assembly;

(17) One representative of the Maryland Association of Student Councils, appointed by the Association;

(18) One representative of the Center for School Mental Health at the University of Maryland, Baltimore Campus, appointed by the Center for School Mental Health;

(19) One representative of Disability Rights Maryland, appointed by Disability Rights Maryland; and

(20) The following five members of the public, appointed by the Governor:

(i) A parent of a public school student in the State;

(ii) A parent of a child with disabilities who attends a school in the State;

(iii) A representative of a nonpublic school in the State;

(iv) A representative of school bus drivers; and

(v) A representative of a nonpublic special education school.

(c) The Governor shall appoint a chair of the Advisory Board from among its members.

(d) A member appointed by the Governor:

(1) Serves at the pleasure of the Governor;

(2) Serves for a term of 3 years and until a successor is appointed and qualifies; and

(3) May be reappointed but may not serve more than two consecutive terms.

(e) A member of the Advisory Board:

(1) May not receive compensation as a member of the Advisory Board; but

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

(f) The Advisory Board shall meet regularly at such times and places as it determines.

(g) The Advisory Board shall provide the Subcabinet with advice and assist the Subcabinet in completing its duties.
Md. Code, Financial Institutions § 7-120 — MD Code / Article gfi / Title 7 / Subtitle 1 / Section 7-120
§7–120.
Status: in_force

(a) (1) In this section, “assets” means:

(i) All net earnings of the Corporation accumulated under § 7–114 of this subtitle; and

(ii) All real or tangible or intangible personal property of the Corporation.

(2) In this section, “assets” does not include member deposits.

(b) Within 2 years after the date that the Corporation no longer has any members, the Corporation shall complete the dissolution of the Corporation in accordance with the provisions of this section.

(c) (1) When the Corporation no longer has any members, the Corporation shall file articles of dissolution with the Commissioner and the State Department of Assessments and Taxation.

(2) Except as provided in subsection (d) of this section, the Corporation is dissolved when the Commissioner accepts the Corporation’s articles of dissolution.

(d) (1) The Corporation continues to exist for the purpose of collecting money owing to the Corporation, paying, satisfying, and discharging any existing debts or obligations, collecting and distributing the Corporation’s assets, and doing all other acts required to liquidate and wind up the business and affairs of the Corporation.

(2) After paying, satisfying, and discharging any existing debts or obligations, the Corporation shall transfer its remaining assets to a corporation that satisfies the requirements of subsection (e) of this section.

(e) The corporation receiving the assets under subsection (d)(2) of this section shall:

(1) Be a nonprofit corporation that is exempt from federal taxation under § 501(c)(3) of the Internal Revenue Code;

(2) Have been organized:

(i) For educational and charitable purposes; and

(ii) To promote and publicize the interest and welfare of credit unions and their members in this State; and

(3) Have been in existence and operating under a charter that includes the following purposes for at least 10 years:

(i) Promoting the ideals of the credit union movement, including the cooperative nonprofit aspect, democratic aspect, the common bond, volunteerism, personalized service, cooperative spirit, and the encouragement of thrift and the creation of a source of credit at fair and reasonable rates;

(ii) Helping to strengthen and develop credit unions serving low–income individuals;

(iii) Improving and stimulating the ability of credit unions to provide low–cost consumer loans;

(iv) Promoting the elasticity and flexibility of the resources of credit unions;

(v) Conducting or funding research on all aspects of credit union operations and the credit union movement in general;

(vi) Cooperating and assisting credit unions and local and national organizations and credit unions to improve the general welfare of the people through credit unions;

(vii) Providing scholarships and awards to professionals and volunteers in the credit union movement; and

(viii) Furthering the credit union movement and performing all necessary and properly related services and activities.

(f) The Corporation shall promptly notify the Commissioner following the completion of the liquidation and the winding up of the business and affairs of the Corporation.
Md. Code, Health - General § 7-1003 — MD Code / Article ghg / Title 7 / Subtitle 10 / Section 7-1003
§7–1003.
Status: in_force

(a) To carry out the policy stated in § 7-1002 of this subtitle, the following procedures are required for all services covered under this title.

(b) Each licensee shall:

(1) On or before acceptance of an individual for services, give the individual a written statement of:

(i) The services provided by the licensee, including each service that is required to be offered on an as-needed basis; and

(ii) All charges, including any charges for services that are not covered by Medicare, Medicaid, or reimbursement by a State or local public agency; and

(2) Keep a written receipt for the statement that is signed by the individual or, if the individual is a minor, the parent or guardian of the person.

(c) If a licensee provides an individual with a service, the licensee shall give the individual or the guardian of the person information about the diagnosis, treatment, and prognosis of the individual.

(d) (1) Unless it is medically inadvisable, an individual, or the guardian of the person:

(i) Shall participate in the planning of the medical treatment;

(ii) May refuse medication or treatment; and

(iii) Shall be informed of the medical consequences of these actions.

(2) The licensee shall keep a written acknowledgment of the individual or guardian that the medical consequences are known.

(e) (1) Any case discussion, consultation, examination, or medical treatment of an individual who receives services under this title:

(i) Is confidential; and

(ii) Is not open to a person who is not involved directly in the treatment of the individual who receives services under this title unless the individual or the guardian of the person permits the individual to be present.

(2) Except as necessary for the transfer of an individual from one health care institution to another or as required by law or a 3rd party payment contract, the personal, medical, psychological, and individual treatment and developmental information about an individual is confidential and may not be released without the consent of the individual or the guardian of the person to any individual who:

(i) Is not associated with a licensee; or

(ii) Is associated with a licensee, but does not have a demonstrated need for the information.

(f) If it is feasible to do so and not medically contraindicated, spouses who are both residents of a licensed residential facility shall be given the opportunity to share a room.

(g) An individual who receives services under this title from a licensee alone or with other individuals is entitled to present any grievance or recommend a change in a policy or service to the licensee, the Administration, or any other person, without fear of reprisal, restraint, interference, coercion, or discrimination.

(h) (1) An individual shall have reasonable access to a telephone.

(2) An individual shall have reasonable access to writing instruments, stationery, and postage and may use them to write to anyone.

(3) The correspondence of an individual shall be sent to the addressee without delay and, except under the direction of the addressee, without being opened.

(i) (1) An individual shall be entitled to receive visits:

(i) From a lawyer that the individual chooses;

(ii) From a clergyman that the individual chooses; and

(iii) During reasonable visiting hours that the licensee sets, from any other visitor.

(2) Each married individual in a licensed residential facility shall have privacy during a visit by the spouse.

(3) If, for the welfare of the individual, visits are restricted, the restriction shall be:

(i) Signed by the executive officer or administrative head of the licensee; and

(ii) Made a permanent part of the individual’s record.

(4) Visits of an individual’s lawyer or clergyman may not be restricted.

(j) (1) An individual shall have the right to possess and use clothing and other personal effects.

(2) For essential medical and safety reasons, the executive officer or administrative head of a licensee may take temporary custody of the personal effects and promptly shall make the action a part of the individual’s record.

(k) (1) An individual with developmental disability may not be assigned to do any work for a licensee without personal consent and without written approval of the attending physician or the executive officer or administrative head of the licensee.

(2) This subsection does not apply to the performance of an individual’s share of household duties or other tasks ancillary to the individual’s habilitation program.

(l) The executive officer or administrative head of a licensee is responsible for carrying out this section.

(m) (1) A person who believes that the rights of an individual with developmental disability have been violated shall report the alleged violation to the executive director or administrative head of a licensee.

(2) The executive officer or administrative head of the licensee shall:

(i) Promptly send the report:

1. To the Deputy Secretary; and

2. To the State–designated protection and advocacy agency;

(ii) Investigate the report; and

(iii) After the investigation, report the findings:

1. To the complainant;

2. To the State–designated protection and advocacy agency; and

3. To the Deputy Secretary.

(3) The State–designated protection and advocacy agency shall seek redress of a violation of the rights stated in this section.
Md. Code, Correctional Services § 7-301 — MD Code / Article gcs / Title 7 / Subtitle 3 / Section 7-301
§7–301.
Status: in_force

(a) (1) Except as otherwise provided in this section, the Commission shall request that the Division of Parole and Probation make an investigation for incarcerated individuals in a local correctional facility and the Division of Correction make an investigation for incarcerated individuals in a State correctional facility that will enable the Commission to determine the advisability of granting parole to an incarcerated individual who:

(i) has been sentenced under the laws of the State to serve a term of 6 months or more in a correctional facility; and

(ii) has served in confinement one–fourth of the incarcerated individual’s aggregate sentence.

(2) Except as provided in paragraph (3) of this subsection, or as otherwise provided by law or in a predetermined parole release agreement, an incarcerated individual is not eligible for parole until the incarcerated individual has served in confinement one–fourth of the incarcerated individual’s aggregate sentence.

(3) An incarcerated individual may be released on parole at any time in order to undergo drug or alcohol treatment, mental health treatment, or to participate in a residential program of treatment in the best interest of an incarcerated individual’s expected or newborn child if the incarcerated individual:

(i) is not serving a sentence for a crime of violence, as defined in § 14–101 of the Criminal Law Article;

(ii) is not serving a sentence for a violation of Title 3, Subtitle 6, § 5–608(d), § 5–609(d), § 5–612, § 5–613, § 5–614, § 5–621, § 5–622, or § 5–628 of the Criminal Law Article; and

(iii) has been determined to be amenable to treatment.

(4) The Division of Parole and Probation shall complete and submit to the Commission each investigation of an incarcerated individual in a local correctional facility required under paragraph (1) of this subsection within 60 days of commitment.

(b) Except as provided in subsection (c) of this section, if an incarcerated individual has been sentenced to a term of imprisonment during which the incarcerated individual is eligible for parole and a term of imprisonment during which the incarcerated individual is not eligible for parole, the incarcerated individual is not eligible for parole consideration under subsection (a) of this section until the incarcerated individual has served the greater of:

(1) one–fourth of the incarcerated individual’s aggregate sentence; or

(2) a period equal to the term during which the incarcerated individual is not eligible for parole.

(c) (1) (i) Except as provided in subparagraph (ii) of this paragraph, an incarcerated individual who has been sentenced to the Division of Correction after being convicted of a violent crime committed on or after October 1, 1994, is not eligible for parole until the incarcerated individual has served the greater of:

1. one–half of the incarcerated individual’s aggregate sentence for violent crimes; or

2. one–fourth of the incarcerated individual’s total aggregate sentence.

(ii) An incarcerated individual who has been sentenced to the Division of Correction after being convicted of a violent crime committed on or after October 1, 1994, and who has been sentenced to more than one term of imprisonment, including a term during which the incarcerated individual is eligible for parole and a term during which the incarcerated individual is not eligible for parole, is not eligible for parole until the incarcerated individual has served the greater of:

1. one–half of the incarcerated individual’s aggregate sentence for violent crimes;

2. one–fourth of the incarcerated individual’s total aggregate sentence; or

3. a period equal to the term during which the incarcerated individual is not eligible for parole.

(2) An incarcerated individual who is serving a term of imprisonment for a violent crime committed on or after October 1, 1994, shall receive an administrative review of the incarcerated individual’s progress in the correctional facility after the incarcerated individual has served the greater of:

(i) one–fourth of the incarcerated individual’s aggregate sentence; or

(ii) if the incarcerated individual is serving a term of imprisonment that includes a mandatory term during which the incarcerated individual is not eligible for parole, a period equal to the term during which the incarcerated individual is not eligible for parole.

(d) (1) Except as provided in paragraphs (2) and (3) of this subsection:

(i) an incarcerated individual who has been sentenced to life imprisonment after being convicted of a crime committed before October 1, 2021, is not eligible for parole consideration until the incarcerated individual has served 15 years or the equivalent of 15 years considering the allowances for diminution of the incarcerated individual’s term of confinement under § 6–218 of the Criminal Procedure Article and Title 3, Subtitle 7 of this article; and

(ii) an incarcerated individual who has been sentenced to life imprisonment after being convicted of a crime committed on or after October 1, 2021, is not eligible for parole consideration until the incarcerated individual has served 20 years or the equivalent of 20 years considering the allowances for diminution of the incarcerated individual’s term of confinement under § 6–218 of the Criminal Procedure Article and Title 3, Subtitle 7 of this article.

(2) An incarcerated individual who has been sentenced to life imprisonment as a result of a proceeding under former § 2–303 or § 2–304 of the Criminal Law Article is not eligible for parole consideration until the incarcerated individual has served 25 years or the equivalent of 25 years considering the allowances for diminution of the incarcerated individual’s term of confinement under § 6–218 of the Criminal Procedure Article and Title 3, Subtitle 7 of this article.

(3) (i) If an incarcerated individual has been sentenced to imprisonment for life without the possibility of parole under § 2–203 or § 2–304 of the Criminal Law Article, the incarcerated individual is not eligible for parole consideration and may not be granted parole at any time during the incarcerated individual’s sentence.

(ii) This paragraph does not restrict the authority of the Governor to pardon or remit any part of a sentence under § 7–601 of this title.

(e) An incarcerated individual who is serving a term of imprisonment for a third or subsequent conviction of a felony violation of Title 5, Subtitle 6 of the Criminal Law Article committed on or after October 1, 2017, is not eligible for parole until the incarcerated individual has served in confinement one–half of the incarcerated individual’s aggregate sentence.
Md. Code, Transportation § 7-507 — MD Code / Article gtr / Title 7 / Subtitle 5 / Section 7-507
§7–507.
Status: in_force

An entity that submits a bid or proposal to the Administration on a procurement contract to provide MARC service that is funded in whole or in part by public funds shall comply with the requirements of Title 12, Subtitle 5 of the State Finance and Procurement Article.
Md. Code, Environment § 7-501 — MD Code / Article gen / Title 7 / Subtitle 5 / Section 7-501
§7–501.
Status: in_force

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

(b) (1) “Active enforcement” means after the Department has issued a notice of violation, order, consent order, or other enforcement action of the Department and until completion of activities required by that action.

(2) For purposes of paragraph (1) of this subsection, “other enforcement action” does not include a site complaint.

(c) “Applicant” means a person who applies to participate in the Voluntary Cleanup Program.

(d) “Background level” means the level of a substance occurring naturally at the site prior to any manmade spill or release.

(e) “Contamination” means a release, discharge, or threatened release of:

(1) A controlled hazardous substance, as defined in § 7–201 of this title; or

(2) Oil, as defined in § 4–401 of this article.

(f) “Eligible applicant” means:

(1) A responsible person who has not knowingly or willfully violated any law or regulation concerning controlled hazardous substances; or

(2) An inculpable person.

(g) (1) “Eligible property” means property that is contaminated or perceived to be contaminated.

(2) “Eligible property” does not include property that is:

(i) On the national priorities list under § 105 of the federal act;

(ii) Except as provided in paragraph (3)(i) of this subsection, under active enforcement; or

(iii) Subject to a controlled hazardous substances permit issued in accordance with this title.

(3) (i) “Eligible property” includes a site under active enforcement if:

1. All applications filed in connection with the property are filed by inculpable persons; and

2. Any response action plan and cleanup criteria approved by the Department under this subtitle is at least as protective of public health and the environment as the requirements of any outstanding active enforcement action.

(ii) “Eligible property” includes sites listed on the Superfund Enterprise Management System or the Comprehensive Environmental Response, Compensation, and Liability Information System.

(h) “Federal act” has the meaning stated in § 7–201(j) of this title.

(i) “Imminent and substantial endangerment” means a release or threatened release of a hazardous substance that may pose a risk of significant harm to the public health or the environment at some foreseeable time in the future and is not limited to an emergency situation.

(j) (1) “Inculpable person” means a person who:

(i) Has no prior or current ownership interest in an eligible property at the time of application to participate in the Voluntary Cleanup Program; and

(ii) Has not caused or contributed to contamination at the eligible property at the time of application to participate in the Voluntary Cleanup Program.

(2) “Inculpable person” includes:

(i) A successor in interest in an eligible property acquired from an inculpable person, as defined in paragraph (1) of this subsection, if the successor in interest does not have a prior ownership interest in the eligible property and, other than by virtue of ownership of the eligible property, is not otherwise a responsible person at the eligible property; and

(ii) Notwithstanding paragraph (1)(i) of this subsection, a person who is not considered a responsible person under § 7–201(t)(2) of this title.

(k) “Participant” means an applicant accepted into the Voluntary Cleanup Program.

(l) “Previously undiscovered contamination” means contamination at an eligible property which was not identified or addressed in a notice of no further requirements or response action plan.

(m) “Program” means the Voluntary Cleanup Program established under this subtitle.

(n) “Responsible person” has the meaning stated in § 7–201(t) of this title.
Md. Code, Housing and Community Development § 7-208 — MD Code / Article ghs / Title 7 / Subtitle 2 / Section 7-208
§7–208.
Status: in_force

(a) At the settlement for an assisted project under a right of first purchase, the purchaser shall execute and record, in a form that the Secretary approves, a covenant running with the land.

(b) The covenant shall restrict the use of all assisted units to residential rental property for assisted households, or to some other purpose approved by the Secretary, for at least the greatest of:

(1) the remaining term of the mortgage as of the date of its prepayment;

(2) the remaining term of the rental assistance agreement, including all stated renewal terms, as of the date of its termination; and

(3) 20 years.
Md. Code, State Finance and Procurement § 7-331 — MD Code / Article gsf / Title 7 / Subtitle 3 / Section 7-331
§7–331.
Status: in_force

§7–331. IN EFFECT

(a) In this section, “Fund” means the Opioid Restitution Fund.

(b) There is an Opioid Restitution Fund.

(c) The purpose of the Fund is to retain the amount of settlement revenues deposited to the Fund in accordance with subsection (e)(1) of this section.

(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of this subtitle.

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

(e) The Fund consists of:

(1) all revenues received by the State from any source resulting, directly or indirectly, from any judgment against, or settlement with, opioid manufacturers, opioid research associations, or any other person in the opioid industry relating to any claims made or prosecuted by the State to recover damages for violations of State law; and

(2) the interest earnings of the Fund.

(f) The Fund may be used only to provide funds for the purposes specified in settlement agreements and judgments relating to claims by the State against opioid manufacturers, opioid research associations, or any other person in the opioid industry for violations of State law, including:

(1) programs, services, supports, and resources for evidence–based substance use disorder prevention, treatment, recovery, or harm reduction;

(2) supporting community–based nonprofit recovery organizations that provide nonclinical substance use recovery support services in the State;

(3) addressing racial disparities in access to prevention, harm reduction, treatment, and recovery support services;

(4) addressing socioeconomic disparities in access to prevention, harm reduction, treatment, and recovery support services;

(5) evidence–informed substance use disorder prevention, treatment recovery, or harm reduction pilot programs or demonstration studies that are not evidence–based if the Opioid Restitution Fund Advisory Council, established under § 7.5–902 of the Health – General Article:

(i) determines that emerging evidence supports the distribution of money for the pilot program or that there is a reasonable basis for funding the demonstration study with the expectation of creating an evidence–based program; and

(ii) approves the use of money for the pilot program or demonstration study;

(6) evaluations of the effectiveness and outcomes reporting for substance use disorder abatement infrastructure, programs, services, supports, and resources for which money from the Fund was used, including evaluations of the impact on access to harm reduction services or treatment for substance use disorders and the reduction in drug–related mortality;

(7) operating expenses and personnel costs for investigations, enforcement actions, and other activities conducted by the Opioids Enforcement Unit within the Office of the Attorney General that are related to the recovery of funds from opioid–related judgments or settlements; and

(8) the Buprenorphine Training Grant Program established under § 13–5802 of the Health – General Article.

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

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

(h) (1) Expenditures from the Fund may be made only in accordance with the State budget.

(2) For settlement funds received in accordance with the final distributor agreement of July 21, 2021, with McKesson Corporation, Amerisource Bergen Corporation, and Cardinal Health Incorporated, as amended, the Janssen settlement agreement of July 21, 2021, as amended, or any other opioid–related court or administrative judgment or settlement agreement involving the State and one or more of its political subdivisions:

(i) appropriations from the Fund in the State budget shall be made in accordance with the allocation and distribution of funds to the State and its political subdivisions:

1. as agreed on in the State–subdivision agreement of January 21, 2022, as amended; or

2. required under any other opioid–related court or administrative judgment or settlement agreement, or any similar agreement reached under an opioid–related court or administrative judgment or settlement agreement, involving the State and one or more of its political subdivisions; and

(ii) the Secretary of Health shall establish and administer a grant program for the distribution of funds to political subdivisions of the State in accordance with:

1. the State–subdivision agreement of January 21, 2022, as amended; or

2. the requirements of any other opioid–related court or administrative judgment or settlement agreement, or any similar agreement reached under an opioid–related court or administrative judgment or settlement agreement, involving the State and one or more of its political subdivisions.

(3) The Attorney General shall identify and designate the controlling version of any agreement or amendment described under paragraph (2) of this subsection.

(i) (1) (i) This paragraph does not apply in fiscal years 2025 and 2026.

(ii) Money expended from the Fund for the programs and services described under subsection (f) of this section is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the programs and services.

(2) Except as specified in subsection (f) of this section, money expended from the Fund may not be used for administrative expenses.

(j) The Governor shall:

(1) develop key goals, key objectives, and key performance indicators relating to substance use treatment and prevention efforts;

(2) subject to subsection (h)(2) of this section, at least twice annually, consult with the Opioid Restitution Fund Advisory Council to identify recommended appropriations from the Fund; and

(3) report on or before November 1 each year, in accordance with § 2–1257 of the State Government Article, to the General Assembly on:

(i) an accounting of total funds expended from the Fund in the immediately preceding fiscal year, by:

1. use;

2. if applicable, jurisdiction; and

3. budget program and subdivision;

(ii) the performance indicators and progress toward achieving the goals and objectives developed under item (1) of this subsection; and

(iii) the recommended appropriations from the Fund identified in accordance with item (2) of this subsection.

(k) Beginning on or before October 1, 2025, and each October 1 thereafter, the Office of the Attorney General shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the status of activity of the Opioids Enforcement Unit, including:

(1) the number of investigations taking place;

(2) the number of lawsuits filed; and

(3) the disposition of lawsuits filed.

§7–331. // EFFECTIVE JUNE 30, 2029 PER CHAPTERS 700 AND 701 OF 2025 //

// EFFECTIVE UNTIL SEPTEMBER 30, 2030 PER CHAPTER 759 OF 2025 //

(a) In this section, “Fund” means the Opioid Restitution Fund.

(b) There is an Opioid Restitution Fund.

(c) The purpose of the Fund is to retain the amount of settlement revenues deposited to the Fund in accordance with subsection (e)(1) of this section.

(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of this subtitle.

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

(e) The Fund consists of:

(1) all revenues received by the State from any source resulting, directly or indirectly, from any judgment against, or settlement with, opioid manufacturers, opioid research associations, or any other person in the opioid industry relating to any claims made or prosecuted by the State to recover damages for violations of State law; and

(2) the interest earnings of the Fund.

(f) The Fund may be used only to provide funds for the purposes specified in settlement agreements and judgments relating to claims by the State against opioid manufacturers, opioid research associations, or any other person in the opioid industry for violations of State law, including:

(1) programs, services, supports, and resources for evidence–based substance use disorder prevention, treatment, recovery, or harm reduction;

(2) supporting community–based nonprofit recovery organizations that provide nonclinical substance use recovery support services in the State;

(3) addressing racial disparities in access to prevention, harm reduction, treatment, and recovery support services;

(4) addressing socioeconomic disparities in access to prevention, harm reduction, treatment, and recovery support services;

(5) evidence–informed substance use disorder prevention, treatment recovery, or harm reduction pilot programs or demonstration studies that are not evidence–based if the Opioid Restitution Fund Advisory Council, established under § 7.5–902 of the Health – General Article:

(i) determines that emerging evidence supports the distribution of money for the pilot program or that there is a reasonable basis for funding the demonstration study with the expectation of creating an evidence–based program; and

(ii) approves the use of money for the pilot program or demonstration study;

(6) evaluations of the effectiveness and outcomes reporting for substance use disorder abatement infrastructure, programs, services, supports, and resources for which money from the Fund was used, including evaluations of the impact on access to harm reduction services or treatment for substance use disorders and the reduction in drug–related mortality; and

(7) the Buprenorphine Training Grant Program established under § 13–5802 of the Health – General Article.

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

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

(h) (1) Expenditures from the Fund may be made only in accordance with the State budget.

(2) For settlement funds received in accordance with the final distributor agreement of July 21, 2021, with McKesson Corporation, Amerisource Bergen Corporation, and Cardinal Health Incorporated, as amended, the Janssen settlement agreement of July 21, 2021, as amended, or any other opioid–related court or administrative judgment or settlement agreement involving the State and one or more of its political subdivisions:

(i) appropriations from the Fund in the State budget shall be made in accordance with the allocation and distribution of funds to the State and its political subdivisions:

1. as agreed on in the State–subdivision agreement of January 21, 2022, as amended; or

2. required under any other opioid–related court or administrative judgment or settlement agreement, or any similar agreement reached under an opioid–related court or administrative judgment or settlement agreement, involving the State and one or more of its political subdivisions; and

(ii) the Secretary of Health shall establish and administer a grant program for the distribution of funds to political subdivisions of the State in accordance with:

1. the State–subdivision agreement of January 21, 2022, as amended; or

2. the requirements of any other opioid–related court or administrative judgment or settlement agreement, or any similar agreement reached under an opioid–related court or administrative judgment or settlement agreement, involving the State and one or more of its political subdivisions.

(3) The Attorney General shall identify and designate the controlling version of any agreement or amendment described under paragraph (2) of this subsection.

(i) (1) (i) This paragraph does not apply in fiscal years 2025 and 2026.

(ii) Money expended from the Fund for the programs and services described under subsection (f) of this section is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the programs and services.

(2) Except as specified in subsection (f) of this section, money expended from the Fund may not be used for administrative expenses.

(j) The Governor shall:

(1) develop key goals, key objectives, and key performance indicators relating to substance use treatment and prevention efforts;

(2) subject to subsection (h)(2) of this section, at least twice annually, consult with the Opioid Restitution Fund Advisory Council to identify recommended appropriations from the Fund; and

(3) report on or before November 1 each year, in accordance with § 2–1257 of the State Government Article, to the General Assembly on:

(i) an accounting of total funds expended from the Fund in the immediately preceding fiscal year, by:

1. use;

2. if applicable, jurisdiction; and

3. budget program and subdivision;

(ii) the performance indicators and progress toward achieving the goals and objectives developed under item (1) of this subsection; and

(iii) the recommended appropriations from the Fund identified in accordance with item (2) of this subsection.

§7–331. // EFFECTIVE SEPTEMBER 30, 2030 PER CHAPTER 759 OF 2025 //

(a) In this section, “Fund” means the Opioid Restitution Fund.

(b) There is an Opioid Restitution Fund.

(c) The purpose of the Fund is to retain the amount of settlement revenues deposited to the Fund in accordance with subsection (e)(1) of this section.

(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of this subtitle.

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

(e) The Fund consists of:

(1) all revenues received by the State from any source resulting, directly or indirectly, from any judgment against, or settlement with, opioid manufacturers, opioid research associations, or any other person in the opioid industry relating to any claims made or prosecuted by the State to recover damages for violations of State law; and

(2) the interest earnings of the Fund.

(f) The Fund may be used only to provide funds for the purposes specified in settlement agreements and judgments relating to claims by the State against opioid manufacturers, opioid research associations, or any other person in the opioid industry for violations of State law, including:

(1) programs, services, supports, and resources for evidence–based substance use disorder prevention, treatment, recovery, or harm reduction;

(2) supporting community–based nonprofit recovery organizations that provide nonclinical substance use recovery support services in the State;

(3) addressing racial disparities in access to prevention, harm reduction, treatment, and recovery support services;

(4) addressing socioeconomic disparities in access to prevention, harm reduction, treatment, and recovery support services;

(5) evidence–informed substance use disorder prevention, treatment recovery, or harm reduction pilot programs or demonstration studies that are not evidence–based if the Opioid Restitution Fund Advisory Council, established under § 7.5–902 of the Health – General Article:

(i) determines that emerging evidence supports the distribution of money for the pilot program or that there is a reasonable basis for funding the demonstration study with the expectation of creating an evidence–based program; and

(ii) approves the use of money for the pilot program or demonstration study; and

(6) evaluations of the effectiveness and outcomes reporting for substance use disorder abatement infrastructure, programs, services, supports, and resources for which money from the Fund was used, including evaluations of the impact on access to harm reduction services or treatment for substance use disorders and the reduction in drug–related mortality.

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

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

(h) (1) Expenditures from the Fund may be made only in accordance with the State budget.

(2) For settlement funds received in accordance with the final distributor agreement of July 21, 2021, with McKesson Corporation, Amerisource Bergen Corporation, and Cardinal Health Incorporated, as amended, the Janssen settlement agreement of July 21, 2021, as amended, or any other opioid–related court or administrative judgment or settlement agreement involving the State and one or more of its political subdivisions:

(i) appropriations from the Fund in the State budget shall be made in accordance with the allocation and distribution of funds to the State and its political subdivisions:

1. as agreed on in the State–subdivision agreement of January 21, 2022, as amended; or

2. required under any other opioid–related court or administrative judgment or settlement agreement, or any similar agreement reached under an opioid–related court or administrative judgment or settlement agreement, involving the State and one or more of its political subdivisions; and

(ii) the Secretary of Health shall establish and administer a grant program for the distribution of funds to political subdivisions of the State in accordance with:

1. the State–subdivision agreement of January 21, 2022, as amended; or

2. the requirements of any other opioid–related court or administrative judgment or settlement agreement, or any similar agreement reached under an opioid–related court or administrative judgment or settlement agreement, involving the State and one or more of its political subdivisions.

(3) The Attorney General shall identify and designate the controlling version of any agreement or amendment described under paragraph (2) of this subsection.

(i) (1) (i) This paragraph does not apply in fiscal years 2025 and 2026.

(ii) Money expended from the Fund for the programs and services described under subsection (f) of this section is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the programs and services.

(2) Except as specified in subsection (f) of this section, money expended from the Fund may not be used for administrative expenses.

(j) The Governor shall:

(1) develop key goals, key objectives, and key performance indicators relating to substance use treatment and prevention efforts;

(2) subject to subsection (h)(2) of this section, at least twice annually, consult with the Opioid Restitution Fund Advisory Council to identify recommended appropriations from the Fund; and

(3) report on or before November 1 each year, in accordance with § 2–1257 of the State Government Article, to the General Assembly on:

(i) an accounting of total funds expended from the Fund in the immediately preceding fiscal year, by:

1. use;

2. if applicable, jurisdiction; and

3. budget program and subdivision;

(ii) the performance indicators and progress toward achieving the goals and objectives developed under item (1) of this subsection; and

(iii) the recommended appropriations from the Fund identified in accordance with item (2) of this subsection.
Md. Code, Health Occupations § 7-314 — MD Code / Article gho / Title 7 / Subtitle 3 / Section 7-314
§7–314.
Status: in_force

(a) A license issued under this title expires on the date set by the Board, unless the license is renewed for an additional term as provided in this section. A license may not be renewed for a term longer than 2 years.

(b) At least 1 month before a license expires, the Board shall send to the licensee, by electronic means or first–class mail to the last known electronic or physical address of the licensee, a renewal notice that states:

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

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

(3) The amount of the renewal fee.

(c) Except as otherwise provided in this section, before a license expires, the licensee periodically may renew it for additional terms, if the licensee:

(1) Has met the qualifications for licensure and is not under a suspension or revocation order of the Board;

(2) Except as otherwise provided under this title, pays to the Board a renewal fee set by the Board;

(3) Submits to the Board a renewal application on the form that it requires;

(4) Submits to the Board satisfactory evidence of compliance with any continuing education requirements the Board may adopt by regulation; and

(5) For a funeral establishment license, provides proof of any payment to the Board required in accordance with § 7–4A–05(b) of this title.

(d) (1) The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.

(2) The secretary of the Board may issue a renewal certificate during the interim between meetings of the Board.

(e) (1) Before an apprentice license expires, the licensee may renew it for an additional 1–year term only if the licensee:

(i) Submits to the Board a renewal application on the form that the Board requires;

(ii) Continues to participate in a training program; and

(iii) Pays to the Board a renewal fee set by the Board.

(2) An apprentice license may be renewed only two times.

(f) Before a courtesy card expires, the licensee may renew it for additional terms if the licensee:

(1) Submits to the Board a renewal application on the form that the Board requires;

(2) Submits documentation to the Board that the out–of–state license is in good standing; and

(3) Pays to the Board a renewal fee set by the Board.

(g) If, when the license of an individual otherwise would expire, the licensee is on active duty as a member of the armed forces but not on a career basis, the license is renewed automatically for a 1–year term without application or payment of a fee.
Md. Code, Human Services § 7-402 — MD Code / Article ghu / Title 7 / Subtitle 4 / Section 7-402
§7–402.
Status: in_force

(a) (1) There is an Attendant Care Program in the Department.

(2) The purpose of the Program is to provide financial assistance to eligible individuals for attendant care services and ongoing additional supports.

(b) The Department shall provide financial assistance in accordance with a sliding payment scale that the Department establishes by regulation for each category of eligible individuals described in § 7–404(a) of this subtitle.
Md. Code, Public Utilities § 7-310 — MD Code / Article gpu / Title 7 / Subtitle 3 / Section 7-310
§7–310.
Status: in_force

(a) In this section, “Fund” means the Education and Protection Fund.

(b) There is an Education and Protection Fund.

(c) The purpose of the Fund is to provide resources to improve the Commission’s ability to:

(1) educate customers on:

(i) retail electric and gas choice; and

(ii) energy choices that help meet the State’s climate commitments under § 7–319 of this subtitle and § 2–1204.2 of the Environment Article;

(2) protect customers from unfair, false, misleading, or deceptive practices by electricity suppliers, energy salespersons, energy vendors, or gas suppliers; and

(3) develop a training and educational program for electricity suppliers, gas suppliers, energy salespersons, and energy vendors as provided under § 7–311 of this subtitle.

(d) The Commission shall administer the Fund.

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

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

(f) The Fund consists of:

(1) revenue distributed to the Fund under § 13–201(e)(3) of this article;

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

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

(g) The Fund may be used only to:

(1) educate retail electric or gas customers on retail choice and energy choices that help to meet the State’s climate commitments under § 7–319 of this subtitle and § 2–1204.2 of the Environment Article;

(2) improve customer protections for retail electric or gas customers; and

(3) develop a training and educational program for electricity suppliers, gas suppliers, energy salespersons, and energy vendors as provided under § 7–311 of this subtitle.

(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 investment earnings of the Fund shall be credited to the General Fund of the State.

(i) Expenditures from the Fund may be made only in accordance with the State budget.
Md. Code, Tax - General § 7-234 — MD Code / Article gtg / Title 7 / Subtitle 2 / Section 7-234
§7–234.
Status: in_force

(a) If a register fails to account for and remit money as required under § 7-233 of this subtitle, then 30 days after the failure, the Comptroller shall notify the Attorney General to put the register’s bond in suit for the use of the State.

(b) In a suit under this section, the State shall recover:

(1) the amount that seems to be due; and

(2) interest, at the rate of 10% a year, from the date that the amount was payable.

(c) (1) A recovery under subsection (b) of this section is evidence of misbehavior.

(2) If a register is convicted of misbehavior for failure to account for and remit money as required under § 7-233 of this subtitle, the register shall be removed from office.

(d) If a register fails to account for or remit money as required under § 7-233 of this subtitle, the register shall forfeit the commission to which the register otherwise would be entitled.
Md. Code, Real Property § 7-319.1 — MD Code / Article grp / Title 7 / Subtitle 3 / Section 7-319.1
§7–319.
Status: in_force

§7–319.1.

(a) The Commissioner may enforce the provisions of this subtitle by exercising any of the powers provided under §§ 2–113 through 2–116 of the Financial Institutions Article.

(b) (1) The Commissioner may seek an injunction to prohibit a person who has engaged or is engaging in a violation of this subtitle from engaging or continuing to engage in the violation.

(2) The court may enter any order or judgment necessary to:

(i) Prevent the use by a person of any prohibited practice;

(ii) Restore to a person any money or real or personal property acquired from the person by means of any prohibited practice; or

(iii) Appoint a receiver in case of willful violation of this subtitle.

(3) In any action brought by the Commissioner under this subsection, the Commissioner is entitled to recover the costs of the action for the use of the State.

(c) The Commissioner may enforce the provisions of this subtitle by requiring a violator to take affirmative action to correct the violation including the restitution of money or property to any person aggrieved by the violation.

(d) The Commissioner may:

(1) Investigate violations of this subtitle; and

(2) Aid any other unit of State government that has regulatory jurisdiction over the business activities of the violator.

(e) The Commissioner may cooperate in the investigation and prosecution of any violation of this subtitle with the Office of the Attorney General, the State’s Attorney, or any other unit of law enforcement.
Md. Code, Real Property § 7-502 — MD Code / Article grp / Title 7 / Subtitle 5 / Section 7-502
§7–502.
Status: in_force

A mortgage assistance relief service provider providing mortgage assistance relief service in connection with a dwelling in the State that does not comply with 12 C.F.R. §§ 1015.1 through 1015.11 and any subsequent revision of those regulations is in violation of this subtitle.
Md. Code, General Provisions § 7-103 — MD Code / Article ggp / Title 7 / Subtitle 1 / Section 7-103
§7–103.
Status: in_force

The Secretary of State shall have custody of the State seal.
Md. Code, Real Property § 7-202 — MD Code / Article grp / Title 7 / Subtitle 2 / Section 7-202
§7–202.
Status: reserved

The provisions of § 7–105 also are applicable to instruments reserving a valid vendor’s lien, to sales pursuant to a reserved vendor’s lien, and to sales pursuant to the vendor’s authority to sell. A court of equity may decree a sale to enforce a vendor’s lien or any other equitable lien although the lienor may have an adequate remedy at law.
Md. Code, Corporations and Associations § 7-301 — MD Code / Article gca / Title 7 / Subtitle 3 / Section 7-301
§7–301.
Status: in_force

If a foreign corporation is doing or has done any intrastate, interstate, or foreign business in this State without complying with the requirements of Subtitle 2 of this title, neither the corporation nor any person claiming under it may maintain a suit in any court of this State unless it shows to the satisfaction of the court that:

(1) The foreign corporation or the person claiming under it has paid the penalty specified in § 7-302 of this subtitle; and

(2) Either:

(i) The foreign corporation or a foreign corporation successor to it has complied with the requirements of Subtitle 2 of this title; or

(ii) The foreign corporation and any foreign corporation successor to it are no longer doing intrastate, interstate, or foreign business in this State.
Md. Code, Human Services § 7-608 — MD Code / Article ghu / Title 7 / Subtitle 6 / Section 7-608
§7–608.
Status: in_force

Subject to §§ 7-609(a) and 7-610 of this subtitle, the Board may provide a guarantee of a loan or a subsidy of loan interest for a loan to an individual for the purchase of assistive technology.
Md. Code, Transportation § 7-719 — MD Code / Article gtr / Title 7 / Subtitle 7 / Section 7-719
§7–719.
Status: in_force

(a) The Administration shall automatically renew the Disability Reduced Fare Program certification of an enrollee who is permanently disabled.

(b) The Administration shall adopt regulations establishing a process to carry out this section.
Md. Code, Education § 7-101.1 — MD Code / Article ged / Title 7 / Subtitle 1 / Section 7-101.1
§7–101.
Status: in_force

§7–101.1.

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

(2) “Economically disadvantaged background” means a family whose income would make a child eligible for free or reduced price meals if the child were in kindergarten.

(3) “Eligible child” means a child:

(i) Who is from an economically disadvantaged background;

(ii) Whose parent or guardian seeks to enroll the child in a public prekindergarten program; and

(iii) Who is 4 years old on September 1 of the school year in which the parent or legal guardian seeks to enroll the child in a public prekindergarten program.

(4) “Eligible for free or reduced price meals” means eligible for free or reduced price meals based on eligibility requirements established by the United States Department of Agriculture.

(b) By the 2007–2008 school year, all eligible children shall be admitted free of charge to publicly funded prekindergarten programs established by each of the county boards.

(e) In the comprehensive master plan that is submitted under § 5–401 of this article, a county board shall identify the strategies that will be used in that county to ensure that publicly funded prekindergarten programs are available to all eligible children in that county by the 2007–2008 school year.
Md. Code, Real Property § 7-314 — MD Code / Article grp / Title 7 / Subtitle 3 / Section 7-314
§7–314.
Status: reserved

(a) Each foreclosure surplus acquisition shall be in the form of a written contract.

(b) Each foreclosure surplus acquisition contract shall:

(1) Contain the entire agreement of the parties;

(2) Be printed in at least 12 point type, in the same language that is used by the homeowner and was used by the foreclosure surplus purchaser and the homeowner to negotiate the sale of the residence in foreclosure;

(3) Be fully completed, dated, and personally signed by the homeowner and the foreclosure surplus purchaser before the statement of account has been referred to the auditor; and

(4) Include:

(i) The name, business address, and telephone number of the foreclosure surplus purchaser;

(ii) The address of the residence in foreclosure;

(iii) The total consideration to be given by the foreclosure surplus purchaser in connection with or incident to the transaction;

(iv) A complete description of the terms of payment or other consideration, including any services of any nature that the foreclosure surplus purchaser represents the foreclosure surplus purchaser will perform for the homeowner before or after the sale; and

(v) The following notice, which shall be printed in at least 14 point boldface type, completed with the name of the foreclosure surplus purchaser, and located in immediate proximity to the space reserved for the homeowner’s signature:

“NOTICE REQUIRED BY MARYLAND LAW

If you have any questions about this document, seek legal counsel before signing. This is an important legal contract. Failure to read and understand these documents may cause you to lose valuable rights.

The effect of these documents is that you may lose the equity in your home. This agreement will not stop the foreclosure or get your house back. If you believe the foreclosure sale was improper, you should immediately seek legal advice to determine what objections to ratification or to rescind the order of ratification may be filed.

You may rescind this contract for the sale of your house without any penalty or obligation at any time within 10 days after the auditor states the account of the foreclosure sale. See the attached Notice of Rescission form for an explanation of this right. After the rescission, you must repay from the surplus proceeds any consideration received, directly or indirectly, together with an amount for interest calculated at the rate of 8% a year.”

(c) (1) The contract shall be accompanied by a completed form in duplicate, captioned “Notice of Rescission”.

(2) The Notice of Rescission shall:

(i) Be on a separate sheet of paper attached to the contract;

(ii) Be easily detachable; and

(iii) Contain the following statement printed in at least 15 point type:

“NOTICE OF RESCISSION

.................................... (Date of contract)

You may rescind this contract for the sale of your house at any time within 10 days after the auditor states the account of the foreclosure sale.

To rescind this transaction, mail or deliver a signed and dated copy of this Notice of Rescission to ......................................... (Name of purchaser) at ............................................... (Address of purchaser, including facsimile and electronic mail) with a copy to the court appointed auditor.

I hereby rescind this transaction.

.................... (Date)

............................. (Homeowner’s signature)”.

(d) The foreclosure surplus purchaser shall provide the homeowner with a copy of the contract and the attached Notice of Rescission at the time the contract is executed by all parties.

(e) The contract required by this section survives delivery of any instrument of conveyance of the residence in foreclosure, is binding in the audit, and has no effect on persons other than the parties to the contract.

(f) Any provision in a contract that attempts or purports to waive any of the rights specified in this title, consent to jurisdiction or choice of law in a state other than Maryland, consent to venue in a county other than the county in which the property is located, or impose any costs or filing fees greater than the fees required to file an action in a circuit court, is void.
Md. Code, Correctional Services § 7-308 — MD Code / Article gcs / Title 7 / Subtitle 3 / Section 7-308
§7–308.
Status: in_force

(a) A parole shall be evidenced by a written order.

(b) Parole entitles the recipient:

(1) to leave the correctional facility in which the recipient was confined; and

(2) if the recipient satisfactorily complies with all the terms and conditions provided in the parole order, to serve the remainder of the recipient’s term of confinement outside the confines of the correctional facility.

(c) A parolee remains in legal custody until the expiration of the parolee’s full, undiminished term.

(d) The chairperson of the Commission shall file a copy of the parole order with the clerk of the court in which the parolee was sentenced.
Md. Code, Tax - Property § 7-211.3 — MD Code / Article gtp / Title 7 / Subtitle 2 / Section 7-211.3
§7–211.
Status: in_force

§7–211.3.

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

(2) (i) “Federal enclave property” means real property improvements or an interest in real property improvements:

1. that are located within the defined boundaries of federally owned land where:

A. the federal jurisdiction would preclude taxation by the State; and

B. the federal government has waived its immunity from State property taxation by law or other form of consent;

2. that are either:

A. owned by a person other than the federal government; or

B. held by a person that is taxable under § 6–102(e) of this article; and

3. that are not otherwise exempt under this title or any other provision of law.

(ii) “Federal enclave property” does not include any property owned by the United States Department of Veterans Affairs that is leased to a person through an enhanced use lease.

(3) “Local jurisdiction” means a county and, where appropriate, a municipal corporation in which federal enclave property is located.

(4) “Private developer” means a person, other than the federal government or an agency thereof, that owns federal enclave property or holds an interest or privilege under § 6–102(e) of this article in federal enclave property.

(b) (1) Subject to the provisions of this section and on initiation by the local jurisdiction where the federal enclave property is located, the local jurisdiction and the State may jointly enter into a payment in lieu of tax agreement with a private developer for federal enclave property.

(2) An agreement authorized under paragraph (1) of this subsection is not effective until it is approved by the federal government.

(3) (i) A local jurisdiction shall initiate any discussions to negotiate a payment in lieu of tax agreement with a private developer of federal enclave property no later than 30 days after receiving written notice by the private developer or the federal government that a development has been proposed for the federal enclave property.

(ii) When any discussions to negotiate a payment in lieu of tax agreement have commenced, the Maryland Department of Transportation shall notify the Legislative Policy Committee within 30 days.

(4) Federal enclave property is not subject to property tax if a private developer enters into a payment in lieu of tax agreement with the State and the local jurisdiction where the federal enclave property is located.

(5) The parties to an agreement under this subsection and the federal government shall consider the total impact and benefits of the development of the federal enclave property on the State and on local jurisdictions, including but not limited to:

(i) the impact on local and regional transportation;

(ii) future economic development;

(iii) the financial resources of the local jurisdiction;

(iv) the environment;

(v) natural resource allocation;

(vi) infrastructure capacity;

(vii) employment;

(viii) disadvantaged business enterprises, minority business enterprises, and small business enterprises;

(ix) the availability and use of public services;

(x) in–kind contributions related to the development, including the services, facilities, personal and real property, traffic mitigation, rights–of–way, and other assets and benefits of the federal government or the private developer made available to and used by the public; and

(xi) any other matter impacted by the development of the federal enclave property.

(6) (i) An agreement under this subsection shall be approved and signed by the Maryland Department of Transportation, on behalf of the State, any party responsible for making a required payment or fulfilling any other provision of the agreement, and the governing body of the local jurisdiction where the federal enclave property is located.

(ii) The Maryland Department of Transportation shall seek consultation with any local jurisdiction impacted by the development of the federal enclave property.

(7) The private developer shall make a payment, if any, in lieu of property taxes to the county tax collector for the county where the federal enclave property is located in an amount and at a time determined by the agreement under this subsection.

(8) The payment required by an agreement under this subsection may not exceed the property tax that would otherwise be due to the State and local jurisdiction if the payment in lieu of tax agreement were not in effect.

(9) The payment received under paragraph (7) of this subsection shall be distributed by the tax collector in accordance with the agreement under this subsection to:

(i) a dedicated fund specifically designated in the agreement as a contribution to the cost of a specific public improvement associated with the development of the federal enclave property; or

(ii) the State, county, and, if applicable, municipal corporation where the federal enclave property is located in the ratio stated in the agreement.

(10) An agreement under this subsection may provide for abating or reducing property tax previously imposed on the federal enclave property.

(11) The Maryland Department of Transportation may adopt regulations to implement this section, in consultation with:

(i) the Department;

(ii) the Department of Commerce;

(iii) the Department of the Environment;

(iv) the Department of Housing and Community Development; and

(v) the Department of Planning.
Md. Code, Public Utilities § 7-501 — MD Code / Article gpu / Title 7 / Subtitle 5 / Section 7-501
§7–501.
Status: reserved

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

(b) “Affiliate” means a person that directly or indirectly, or through one or more intermediaries, controls, is controlled by, or is under common control with, or has, directly or indirectly, any economic interest in another person.

(c) (1) “Assignee” means a person to whom an electric company assigns or transfers all or a portion of its interest in intangible transition property, other than as security.

(2) “Assignee” includes a person to whom all or a portion of the interest is subsequently assigned or transferred.

(d) “Competitive transition charge” means a rate, charge, credit, or other appropriate mechanism authorized to be imposed for the recovery of transition costs as determined by the Commission under § 7–513 of this subtitle.

(e) “Consumer” and “customer” each means a retail electric customer.

(f) “Customer choice” means the right of electricity suppliers and customers to utilize and interconnect with the electric distribution system on a nondiscriminatory basis at rates, terms, and conditions of service comparable to the electric company’s own use of the system to distribute electricity from an electricity supplier to a customer, under which a customer has the opportunity to purchase electricity from the customer’s choice of licensed electricity suppliers.

(g) “Distribution territory” means the geographic area in which an electric company was providing electric transmission or distribution services to customers on July 1, 1999.

(h) “Independent system operator” means an entity authorized by the Federal Energy Regulatory Commission to control a regional transmission grid.

(i) “Initial implementation date” means:

(1) July 1, 2000, for investor–owned electric companies;

(2) the date or dates determined by the Commission for Electric Cooperatives and Municipal Electric Utilities; or

(3) another date or dates determined by the Commission under § 7–510(b) of this subtitle.

(j) “Intangible transition charge” means a nonbypassable rate, charge, or similar appropriate mechanism for the provision, availability, or termination of electric service, authorized to be imposed for the recovery of qualified transition costs under a qualified rate order of the Commission.

(k) “Intangible transition property” means the right, title, and interest of an electric company or assignee in a qualified rate order, including:

(1) all rights in, to, and under the order, including rights to revenues, collections, claims, payments, money, or other property and amounts arising from the imposition of intangible transition charges under the order; and

(2) in the hands of an assignee:

(i) the right to require the electric company to provide electric services, and to collect and remit the intangible transition charges authorized in the qualified rate order; but

(ii) not the right or duty to provide electric services.

(l) (1) “Public purpose program” means a program implemented with the intention of furthering a public purpose.

(2) “Public purpose program” includes:

(i) a universal service program;

(ii) a program encouraging renewable energy resources;

(iii) a demand side management or other energy efficiency or conservation program; and

(iv) a consumer education program.

(m) “Qualified rate order” means an order of the Commission approving one or more intangible transition charges.

(n) “Standard offer service” means electric service that an electric company must offer to its customers under § 7–510(c) of this subtitle.

(o) “Transition bond” means a bond, debenture, note, certificate of participation or beneficial interest, or other evidence of indebtedness or ownership, approved in a qualified rate order and issued under an executed trust indenture or other agreement of an electric company or assignee, and which is secured by, evidences ownership interest in, or is payable from intangible transition property.

(p) “Transition cost” means a cost, liability, or investment that:

(1) traditionally would have been or would be recoverable under rate–of–return regulation, but which may not be recoverable in a restructured electricity supply market; or

(2) arises as a result of electric industry restructuring and is related to the creation of customer choice.

(q) (1) “Universal service program” means a program that helps low–income customers maintain electric service.

(2) “Universal service program” includes customer bill assistance and payment programs, termination of service protection, and policies and services that help low–income customers to reduce or manage energy consumption in a cost–effective manner.
Md. Code, Housing and Community Development § 7-205 — MD Code / Article ghs / Title 7 / Subtitle 2 / Section 7-205
§7–205.
Status: in_force

(a) In this section, “fair market value” means the price that a willing buyer would pay a willing seller, neither under any compulsion to buy or to sell, for a residential rental project, assuming:

(1) the highest and best use under current zoning; and

(2) no requirements to rent to low-income tenants other than the requirements of any federal law, § 7-214 of this subtitle, or other State law, local law, governmental program, agreement, covenant, or restriction that will continue to affect the project after sale or conveyance.

(b) (1) Except as required under § 7-204(b) of this subtitle, if the owner receives an offer to purchase the assisted project in the form of a binding purchase contract from an unrelated bona fide purchaser, the terms of the owner’s offer shall be substantially the same as those offered by the bona fide purchaser, including purchase price, terms of payment, financing contingencies, and assumable or purchase money financing.

(2) If the owner has not received an offer that qualifies under paragraph (1) of this subsection:

(i) the purchase price of the owner’s offer shall be the lesser of:

1. the purchase price of any offer that does not qualify under paragraph (1) of this subsection; and

2. the fair market value of the property as determined under subsection (d) of this section;

(ii) the owner’s offer shall be accompanied by a written appraisal of the fair market value of the assisted project prepared in accordance with subsection (d) of this section; and

(iii) the remaining terms of the purchase contract:

1. shall be as required under § 7-204(b) of this subtitle;

2. shall otherwise conform to terms that are accepted as reasonable in that market; and

3. are subject to final review by the Department.

(c) (1) (i) Any party identified in § 7-204(a) of this subtitle may accept the owner’s offer within 120 days after the date of the owner’s offer.

(ii) If more than one party submits a timely acceptance of the owner’s offer, the Secretary shall select as purchaser the party that, in the Secretary’s discretion, the Secretary determines will most benefit the assisted households.

(iii) The owner shall return the entire deposit made by each party whose offer was not accepted.

(2) If a party that has accepted the owner’s offer withdraws the acceptance, any remaining party identified in § 7-204(a) of this subtitle may accept the owner’s offer in accordance with paragraph (1) of this subsection within:

(i) 120 days after the date of the offer; or

(ii) 60 days after the acceptance is withdrawn.

(3) The acceptance shall be followed by settlement of the purchase of the assisted project by the owner’s stated closing date or any extension agreed to by the owner.

(d) (1) (i) If the owner is required by subsection (b)(2) of this section to submit an appraisal, acceptance of the owner’s offer made under this subtitle may state an adjusted purchase price based on an alternate fair market value.

(ii) The alternate fair market value shall be supported by a written appraisal prepared by an appraiser selected by the purchaser and delivered to the owner.

(2) If the owner objects to the adjusted purchase price, the owner and the purchaser may:

(i) set the purchase price at the average of the fair market values each party has obtained by appraisal; or

(ii) have the two appraisers select a third appraiser, whose fee shall be shared equally, and whose fair market value shall be binding.

(3) Each appraiser who submits an appraisal under this subtitle must be a member in good standing of the American Institute of Real Estate Appraisers or the Society of Real Estate Appraisers.
Md. Code, Tax - Property § 7-303 — MD Code / Article gtp / Title 7 / Subtitle 3 / Section 7-303
§7–303.
Status: in_force

(a) Real property is not subject to State property tax if:

(1) on the real property there is an airport that is:

(i) located on privately owned land;

(ii) used by the public; and

(iii) licensed under Title 5 of the Transportation Article; and

(2) the real property is the part of the airport that is an improved aircraft landing area, including an approach zone and taxiway, and other part of the property that is designated by the Maryland Aviation Administration as necessary to meet the minimum standards of safety required for licensure.

(b) The property tax exemption under this section only applies for any taxable year for which and to the extent that a property tax exemption is granted by the governing body of a county under § 8-302 of this article.
Md. Code, Education § 7-454 — MD Code / Article ged / Title 7 / Subtitle 4 / Section 7-454
§7–454.
Status: in_force

(a) In this section, “athletic program” means an intramural, interscholastic, or other school sponsored athletic program that is developed and offered to students in accordance with criteria established by the State Board.

(b) The Department, in collaboration with the Maryland Department of Health, each county board, and the Maryland Public Secondary Schools Athletic Association, shall develop guidelines for public schools to train coaches to recognize indicators of mental illness and behavioral distress in students, including:

(1) Depression;

(2) Trauma;

(3) Violence;

(4) Youth suicide; and

(5) Substance abuse.

(c) Each public school in the State that offers an athletic program shall provide training in accordance with the guidelines developed under subsection (b) of this section to each coach participating in the athletic program.
Md. Code, Public Utilities § 7-1221 — MD Code / Article gpu / Title 7 / Subtitle 12 / Section 7-1221
§7–1221.
Status: in_force

On or before July 1, 2027, the Commission shall adopt regulations to carry out this part.
Md. Code, Criminal Law § 7-101 — MD Code / Article gcr / Title 7 / Subtitle 1 / Section 7-101
§7–101.
Status: in_force

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

(b) (1) “Deception” means knowingly to:

(i) create or confirm in another a false impression that the offender does not believe to be true;

(ii) fail to correct a false impression that the offender previously has created or confirmed;

(iii) prevent another from acquiring information pertinent to the disposition of the property involved;

(iv) sell or otherwise transfer or encumber property without disclosing a lien, adverse claim, or other legal impediment to the enjoyment of the property, regardless of whether the impediment is of value or a matter of official record;

(v) insert or deposit a slug in a vending machine;

(vi) remove or alter a label or price tag;

(vii) promise performance that the offender does not intend to perform or knows will not be performed; or

(viii) misrepresent the value of a motor vehicle offered for sale by tampering or interfering with its odometer, or by disconnecting, resetting, or altering its odometer with the intent to change the mileage indicated.

(2) “Deception” does not include puffing or false statements of immaterial facts and exaggerated representations that are unlikely to deceive an ordinary individual.

(c) “Deprive” means to withhold property of another:

(1) permanently;

(2) for a period that results in the appropriation of a part of the property’s value;

(3) with the purpose to restore it only on payment of a reward or other compensation; or

(4) to dispose of the property or use or deal with the property in a manner that makes it unlikely that the owner will recover it.

(d) (1) “Exert control” includes to take, carry away, appropriate to a person’s own use or sell, convey, or transfer title to an interest in or possession of property.

(2) “Exert control” does not include:

(i) to trespass on the land of another; or

(ii) to occupy the land of another without authorization.

(e) (1) “Interactive computer service” means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server.

(2) “Interactive computer service” includes a service or system that provides access to the Internet.

(f) “Motor vehicle” has the meaning stated in § 11-135 of the Transportation Article.

(g) “Obtain” means:

(1) in relation to property, to bring about a transfer of interest in or possession of the property; and

(2) in relation to a service, to secure the performance of the service.

(h) Except as otherwise expressly provided in this part, “owner” means a person, other than the offender:

(1) who has an interest in or possession of property regardless of whether the person’s interest or possession is unlawful; and

(2) without whose consent the offender has no authority to exert control over the property.

(i) (1) “Property” means anything of value.

(2) “Property” includes:

(i) real estate;

(ii) money;

(iii) a commercial instrument;

(iv) an admission or transportation ticket;

(v) a written instrument representing or embodying rights concerning anything of value, or services, or anything otherwise of value to the owner;

(vi) a thing growing on or affixed to, or found on land, or part of or affixed to any building;

(vii) electricity, gas, and water;

(viii) a bird, animal, or fish that ordinarily is kept in a state of confinement;

(ix) food or drink;

(x) a sample, culture, microorganism, or specimen;

(xi) a record, recording, document, blueprint, drawing, map, or a whole or partial copy, description, photograph, prototype, or model of any of them;

(xii) an article, material, device, substance, or a whole or partial copy, description, photograph, prototype, or model of any of them that represents evidence of, reflects, or records a secret:

1. scientific, technical, merchandising, production, or management information; or

2. designed process, procedure, formula, invention, trade secret, or improvement;

(xiii) a financial instrument; and

(xiv) information, electronically produced data, and a computer software or program in a form readable by machine or individual.

(j) “Property of another” means property in which a person other than the offender has an interest that the offender does not have the authority to defeat or impair, even though the offender also may have an interest in the property.

(k) “Service” includes:

(1) labor or professional service;

(2) telecommunication, public utility, toll facility, or transportation service;

(3) lodging, entertainment, or restaurant service; and

(4) the use of computers, data processing, or other equipment.

(l) “Slug” means an object that, because of its size, shape, or other quality, can be deposited or inserted in a vending machine as an improper substitute for the payment required to operate the vending machine.

(m) (1) “Theft” means the conduct described in §§ 7-104 through 7-107 of this subtitle.

(2) “Theft” includes motor vehicle theft, unless otherwise indicated.

(n) “Vending machine” means a device designed to receive a specified payment and in exchange automatically offer, provide, assist in providing, or allow a person to acquire property or service.
Md. Code, Correctional Services § 7-401 — MD Code / Article gcs / Title 7 / Subtitle 4 / Section 7-401
§7–401.
Status: in_force

(a) If a parolee is alleged to have violated a condition of parole, one commissioner shall hear the case on revocation of the parole at the time and place that the Commission designates.

(b) (1) Each individual charged with a parole violation is entitled to be represented by counsel of the individual’s choice or, if eligible, counsel provided by the Public Defender’s office.

(2) The Commission shall keep a record of the hearing.

(c) If the commissioner finds from the evidence that the parolee has violated a condition of parole, the commissioner may take any action that the commissioner considers appropriate, including:

(1) (i) subject to subsection (d)(1) of this section, revoking the order of parole;

(ii) setting a future hearing date for consideration for reparole; and

(iii) remanding the individual to the Division of Correction or local correctional facility from which the individual was paroled; or

(2) continuing parole:

(i) without modification of its conditions; or

(ii) with modification of its conditions, including a requirement that the parolee spend all or part of the remaining parole period in a home detention program.

(d) (1) Subject to paragraph (4) of this subsection, if an order of parole is revoked due to a technical violation, as defined in § 6–101 of this article, the commissioner hearing the parole revocation may require the individual to serve a period of imprisonment of:

(i) for a first violation, not more than 15 days;

(ii) for a second violation, not more than 30 days; and

(iii) for a third violation, not more than 45 days.

(2) Subject to paragraph (3) of this subsection and further action by the Commission, if the order of parole is revoked for a fourth or subsequent technical violation or a violation that is not a technical violation, the commissioner hearing the parole revocation, in the commissioner’s discretion, may require the incarcerated individual to serve any unserved portion of the sentence originally imposed.

(3) An incarcerated individual may not receive credit for time between release on parole and revocation of parole if:

(i) the incarcerated individual was serving a sentence for a violent crime when parole was revoked; and

(ii) the parole was revoked due to a finding that the incarcerated individual committed a violent crime while on parole.

(4) (i) There is a rebuttable presumption that the limits on the period of imprisonment that may be imposed for a technical violation established in paragraph (1) of this subsection are applicable.

(ii) The presumption may be rebutted if a commissioner finds and states on the record, after consideration of the following factors, that adhering to the limits on the period of imprisonment established under paragraph (1) of this subsection would create a risk to public safety, a victim, or a witness:

1. the nature of the parole violation;

2. the facts and circumstances of the crime for which the parolee was convicted; and

3. the parolee’s history.

(iii) On finding that adhering to the limits would create a risk to public safety, a victim, or a witness under subparagraph (ii) of this paragraph, the commissioner may:

1. direct imposition of a longer period of imprisonment than provided in paragraph (1) of this subsection, but no more than the time remaining on the original sentence; or

2. commit the parolee to the Maryland Department of Health for treatment under § 8–507 of the Health – General Article.

(iv) A finding under subparagraph (ii) of this paragraph or an action under subparagraph (iii) of this paragraph is subject to appeal under Title 12, Subtitle 3 or Subtitle 4 of the Courts Article.

(e) Subject to subsection (d) of this section, if a sentence has commenced as provided under § 9–202(c)(2) of this article and the incarcerated individual is serving that sentence when the order of parole is revoked, any reimposed portion of the sentence originally imposed shall begin at the expiration of any sentences which were begun under § 9–202(c)(2) of this article.

(f) (1) The incarcerated individual may seek judicial review in the circuit court within 30 days after receiving the written decision of the Commission.

(2) The court shall hear the action on the record.
Md. Code, Education § 7-426 — MD Code / Article ged / Title 7 / Subtitle 4 / Section 7-426
§7–426.
Status: in_force

(a) The Department and the Maryland Department of Health shall jointly establish guidelines for public schools regarding providing emergency medical care to students with special health needs.

(b) The guidelines shall include:

(1) Procedures for the emergency administration of medication and the proper follow–up emergency procedures;

(2) A description of parental or caregiver responsibilities, including:

(i) School notification of a child’s special health care needs or diagnosis;

(ii) Providing appropriate medication and delivery devices and medical condition indication devices including Medic Alert bracelets or necklaces;

(iii) Parental consent for the administration of medications; and

(iv) Providing an emergency card for medical emergencies with current contact names and telephone numbers;

(3) A description of school responsibilities, including:

(i) Training for school health services personnel, teachers, coaches, transportation personnel, and other appropriate school personnel;

(ii) Providing and distributing the required notices and forms for notification, consent for the administration of medications, medical emergency contact information, and any other appropriate material; and

(iii) Providing outreach and education for parents and other caregivers regarding providing emergency medical care to students with special health needs;

(4) A description of student responsibilities that are age and condition appropriate; and

(5) Any other issue that is relevant to the emergency medical care of students with special health needs.

(c) The Department and the Maryland Department of Health shall:

(1) Provide technical assistance to schools to:

(i) Implement the guidelines established under this section; and

(ii) Train school personnel at the local level; and

(2) Develop a process to monitor the implementation of the guidelines established under this section.
Md. Code, Estates and Trusts § 7-103 — MD Code / Article get / Title 7 / Subtitle 1 / Section 7-103
§7–103.
Status: in_force

(a) (1) After the appointment of a personal representative, the register shall have a notice of the appointment published in a newspaper of general circulation in the county of appointment once a week in 3 successive weeks, announcing the appointment and address of the personal representative, and notifying creditors of the estate to present their claims.

(2) The personal representative shall file or have filed with the register a certification that a notice has been published.

(b) The notice of appointment shall be substantially in the following form:

“To all persons interested in the estate of.......................:

This is to give notice that the undersigned, ……… whose address is ……… was, on ………, appointed personal representative of the estate of ……… who died on …… (with) (without) a will.

All interested persons or unpaid claimants having any objection to the appointment of the personal representative shall file the same with the register of wills on or before 6 months from the date of the appointment.

All persons having any objection to the probate of the will of the decedent shall file the same with the register of wills on or before 6 months from the date of the appointment.

All persons having claims against the decedent must present their claims to the undersigned, or file them with the register of wills on or before the earlier of the following dates:

(1) 6 months from the date of the decedent’s death; or

(2) 2 months after the personal representative mails or otherwise delivers to the creditor a copy of this published notice or other written notice, notifying the creditor that the creditor’s claim will be barred unless the creditor presents the claim within 2 months from the mailing or other delivery of the notice.

Any claim not filed on or before that date, or any extension provided by law, is unenforceable thereafter.

……………………………

Personal representative

Date of first publication:

……………………………”.
Md. Code, State Government § 7-209 — MD Code / Article gsg / Title 7 / Subtitle 2 / Section 7-209
§7–209.
Status: in_force

With the consent of the Attorney General, the Administrator may remove from the Code of Maryland Regulations:

(1) a provision of a regulation that a court of final appeal has declared to be unconstitutional; or

(2) a regulation if the unit that adopted the regulation has been abolished and the regulation does not transfer to a successor.
Md. Code, Estates and Trusts § 7-101 — MD Code / Article get / Title 7 / Subtitle 1 / Section 7-101
§7–101.
Status: in_force

(a) (1) A personal representative is:

(i) A fiduciary; and

(ii) Under a general duty to settle and distribute the estate of the decedent in accordance with the terms of the will and the estates of decedents law as expeditiously and with as little sacrifice of value as is reasonable under the circumstances.

(2) A personal representative shall use the authority conferred on the personal representative by:

(i) The estates of decedents law;

(ii) The terms of the will;

(iii) Orders in proceedings to which the personal representative is a party; and

(iv) The equitable principles generally applicable to fiduciaries, fairly considering the interests of all interested persons and creditors.

(b) Unless the time of distribution is extended by order of court for good cause shown, the personal representative shall distribute all the assets of the estate of which the personal representative has taken possession or control within the time provided in § 7–305 of this title for rendering the first account.

(c) The personal representative does not incur any personal liability for the payment of claims or distribution of assets even if the personal representative does not consider claims for injuries to the person prosecuted under the provisions of § 8–103(e) or § 8–104 of this article, if at the time of payment or distribution:

(1) The personal representative had no actual knowledge of the claim; and

(2) The plaintiff had not filed on time a claim with the register.
Md. Code, Public Utilities § 7-536 — MD Code / Article gpu / Title 7 / Subtitle 5 / Section 7-536
§7–536.
Status: in_force

A qualified rate order under this part that authorizes the issuance of rate stabilization bonds may:

(1) state the rights and remedies of bondholders and any assignee; and

(2) contain provisions to protect and enforce the rights and remedies of bondholders and any assignee.
Md. Code, Human Services § 7-105 — MD Code / Article ghu / Title 7 / Subtitle 1 / Section 7-105
§7–105.
Status: in_force

(a) (1) With the advice and consent of the Senate, the Governor shall appoint the Secretary of Disabilities.

(2) The Secretary is the head of the Department.

(b) The Secretary shall:

(1) have extensive experience and knowledge of disability laws, legislation, and regulations, and programs for individuals with disabilities;

(2) at a minimum, hold a bachelor’s degree; and

(3) be an individual with a disability or appoint a deputy secretary who is an individual with a disability.

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

(d) (1) The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor.

(2) The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on those matters.

(e) The Secretary is entitled to the compensation provided in the State budget.
Md. Code, Environment § 7-259 — MD Code / Article gen / Title 7 / Subtitle 2 / Section 7-259
§7–259.
Status: in_force

(a) After or concurrently with service of a complaint under this subtitle, the Department may:

(1) Issue an order that requires the person to whom it is directed to take corrective action within a time set in the order;

(2) Send a written notice that requires the person to whom it is directed to file a written report about the alleged violation; or

(3) Send a written notice that requires the person to whom the notice is directed:

(i) To appear at a hearing before the Department at a time and place the Department sets to answer the allegations of the complaint; or

(ii) To file a written report and also appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint.

(b) Any order issued under this section is effective immediately, according to its terms, when it is served.
Md. Code, Human Services § 7-502 — MD Code / Article ghu / Title 7 / Subtitle 5 / Section 7-502
§7–502.
Status: in_force

(a) There is an Ethan Saylor Alliance for Self–Advocates as Educators in the Department.

(b) The purpose of the Alliance is to advance the community inclusion of individuals with intellectual disabilities and developmental disabilities by preparing and supporting self–advocates to play a central role in educating persons about appropriate and effective interactions with individuals with intellectual disabilities and developmental disabilities.

(c) The Alliance shall:

(1) be guided by the Steering Committee;

(2) build on the work of the Commission for Effective Community Inclusion of Individuals with Intellectual and Developmental Disabilities by prioritizing the training needs of law enforcement officers;

(3) connect law enforcement trainers with:

(i) self–advocate educators; or

(ii) entities that use self–advocate educators in a central role when providing training;

(4) identify and support the development of self–advocate educators;

(5) identify resources needed to prepare and support self–advocate educators; and

(6) promote collaborative efforts that support community inclusion.
Md. Code, Public Safety § 7-103 — MD Code / Article gps / Title 7 / Subtitle 1 / Section 7-103
§7–103.
Status: in_force

(a) A fire, rescue, or emergency medical services entity may enter into and renew a mutual aid agreement in accordance with this section with:

(1) Delaware;

(2) the District of Columbia;

(3) Pennsylvania;

(4) Virginia;

(5) West Virginia; or

(6) a fire, rescue, or emergency medical services entity of this State, Delaware, the District of Columbia, Pennsylvania, Virginia, or West Virginia.

(b) (1) Subject to paragraph (2) of this subsection, a mutual aid agreement may provide that a party that requests assistance under the mutual aid agreement indemnifies and holds harmless a party that provides assistance under the mutual aid agreement from any claim by a third party for property damage or personal injury that arises out of the mutual aid activities, including travel, of the party that provides assistance that occurs outside its own jurisdiction.

(2) The party that requests assistance need not indemnify the party that provides assistance if:

(i) the party that provides assistance does not cooperate in defending against a claim made by a third party; or

(ii) the claim by a third party arises out of a malicious act of the party that provides assistance.

(c) Each mutual aid agreement shall provide that each party to the mutual aid agreement shall waive any and all claims against all other parties to the mutual aid agreement if the claim arises out of the activities of a party outside its own jurisdiction under the mutual aid agreement.
Md. Code, Education § 7-1401.1 — MD Code / Article ged / Title 7 / Subtitle 14 / Section 7-1401.1
§7–1401.
Status: in_force

§7–1401.1.

(a) This subtitle does not apply to:

(1) A virtual learning opportunity offered by the Department or a county board under § 7–1002 of this title;

(2) An upper–level high school program that:

(i) Has online components; and

(ii) Designs a student’s academic program to maximize the flexibility of the student’s schedule to accommodate the student’s work schedule; or

(3) A public school operating under a virtual education plan during a prolonged state of emergency under Subtitle 14A of this title.

(b) (1) Subject to paragraph (2) of this subsection, in this subtitle any references to a county board include multiple county boards operating a virtual school under a written agreement.

(2) (i) If multiple county boards establish a virtual school under a written agreement, the county boards shall designate a lead county from among the participating counties.

(ii) Unless inconsistent with the provisions of this subtitle or the written agreement specifies otherwise, the policies on personnel, instruction, scheduling, and student support in the lead county shall govern the virtual school.
Md. Code, State Personnel and Pensions § 7-405 — MD Code / Article gsp / Title 7 / Subtitle 4 / Section 7-405
§7–405.
Status: in_force

An appointing authority may take disciplinary action against or terminate the employment of a probationary employee in accordance with Title 11 of this article.
Md. Code, Commercial Law § 7-504 — MD Code / Article gcl / Title 7 / Subtitle 5 / Section 7-504
§7–504.
Status: in_force

(a) A transferee of a document of title, whether negotiable or nonnegotiable, to which the document has been delivered but not duly negotiated, acquires the title and rights that its transferor had or had actual authority to convey.

(b) In the case of a transfer of a nonnegotiable document of title, until but not after the bailee receives notice of the transfer, the rights of the transferee may be defeated:

(1) By those creditors of the transferor which could treat the transfer as void under § 2-402 or § 2A-308;

(2) By a buyer from the transferor in ordinary course of business if the bailee has delivered the goods to the buyer or received notification of the buyer’s rights;

(3) By a lessee from the transferor in ordinary course of business if the bailee has delivered the goods to the lessee or received notification of the lessee’s rights; or

(4) As against the bailee, by good-faith dealings of the bailee with the transferor.

(c) A diversion or other change of shipping instructions by the consignor in a nonnegotiable bill of lading which causes the bailee not to deliver the goods to the consignee defeats the consignee’s title to the goods if the goods have been delivered to a buyer in ordinary course of business or a lessee in ordinary course of business and, in any event, defeats the consignee’s rights against the bailee.

(d) Delivery of the goods pursuant to a nonnegotiable document of title may be stopped by a seller under § 2-705 or a lessor under § 2A-526, subject to the requirements of due notification in those sections. A bailee that honors the seller’s or lessor’s instructions is entitled to be indemnified by the seller or lessor against any resulting loss or expense.
Md. Code, Health - General § 7-12A-03 — MD Code / Article ghg / Title 7 / Subtitle 12A / Section 7-12A-03
§7–12A–03.
Status: in_force

(a) The Council shall hire an executive director.

(b) The executive director may employ additional staff necessary to carry out the Council’s functions.

(c) The executive director shall determine the organizational structure and physical location of Council staff.
Md. Code, Education § 7-110 — MD Code / Article ged / Title 7 / Subtitle 1 / Section 7-110
§7–110.
Status: in_force

(a) (1) A reasonable charge for heating, lighting, and janitorial services for use of public school facilities under §§ 7-108 and 7-109 of this subtitle may be made.

(2) Charges for commercial use of surplus school space may include rent and recovery of capital costs, in addition to those items in paragraph (1) of this subsection.

(b) (1) The person who applies for the use of school facilities shall be responsible for all damage to the property, other than ordinary wear and tear.

(2) If the person does not pay for damages to the property, the county board may refuse any other application by that person for the use of the property until the damage is repaired without expense to the county board.

(c) (1) The person who applies for the use of school facilities shall leave the facilities after their use as clean as they were before the use.

(2) If the person does not leave the facilities as clean as they were before the use, the county board may refuse to allow the person to use the facilities again.
Md. Code, Public Utilities § 7-1102 — MD Code / Article gpu / Title 7 / Subtitle 11 / Section 7-1102
§7–1102.
Status: in_force

(a) (1) (i) On or before October 1, 2024, each gas company that serves at least 75,000 customers in its distribution territory shall:

1. begin to develop a plan for a pilot system or systems; and

2. file notice with the Commission that the company has begun plan development.

(ii) On or before October 1, 2024, a gas company that serves fewer than 75,000 customers in its distribution territory may develop a plan for a pilot system or systems in accordance with the requirements of this section.

(2) In developing a plan for a pilot system, a gas company shall coordinate with community groups, local governments, any certified representatives of the employees of the gas company, the Commission, the Administration, and any other groups the gas company considers necessary to allow for diverse design among pilot systems.

(3) Each gas company shall include in the notice filed under paragraph (1) of this subsection:

(i) details of any coordination with community groups, local governments, certified representatives of the employees of the gas company, the Commission, the Administration, and any other groups the gas company considers necessary to allow for diverse design among pilot systems; and

(ii) any letters of support from interested groups.

(b) (1) (i) On or before July 1, 2025, each gas company that serves at least 75,000 customers in its distribution territory shall submit either one or two proposals for a pilot system to the Commission for approval.

(ii) A gas company that serves fewer than 75,000 customers in its distribution territory may submit a proposal for a pilot system to the Commission after providing at least 60 days’ notice to the Commission of the company’s intent to file a proposal.

(2) A proposal for a pilot system shall ensure that at least 80% of its customers are from low or moderate income housing.

(3) A customer may choose to opt out of a pilot system before the proposal for the pilot system is submitted.

(4) Each proposal for a pilot system shall demonstrate that the gas company has obtained, or is reasonably certain to obtain, any available federal funding in the form of a match, grant, loan, or tax credit, including those established under the Financing Program and the Greenhouse Gas Reduction Fund.

(5) Each gas company is responsible for ensuring that each proposal submitted by the gas company complies with all applicable federal statutes, regulations, and guidance relating to any federal funding.

(6) Each proposal shall address:

(i) how the pilot system will develop useful information for the adoption of regulations governing thermal energy network systems;

(ii) how the pilot system furthers greenhouse gas emissions reduction goals;

(iii) how the pilot system advances financial and technical approaches to equitable and affordable building electrification;

(iv) how the pilot system creates benefits to its customers, employees, and society at large, including public health benefits, quality job retention or creation, reliability, and increased affordability of renewable thermal energy options;

(v) how the pilot system contributes to avoiding costs to electric distribution and transmission systems that would otherwise be required for electrification by comparing the proposed system to the cost of electrification using the most widely commercially available air–source heat pumps;

(vi) how the pilot system contributes to avoiding costs related to gas pipe replacement;

(vii) the extent to which the proposal gives priority to underserved or overburdened communities as defined in § 1–701(a) of the Environment Article;

(viii) the pilot system’s ability to bid demand reduction into the PJM capacity market;

(ix) neighborhoods at the end point of a gas system where a full transition from gas systems to electrification could be facilitated within the pilot period or within 5 years after the pilot period concludes;

(x) safety;

(xi) reliability;

(xii) environmental acceptability of the fluid technology employed;

(xiii) operations;

(xiv) maintenance;

(xv) customer complaint resolution;

(xvi) emergency response;

(xvii) points of interconnection between the gas company and homeowner for any fluid transfer;

(xviii) technology to be used to shut off fluid flow to customers;

(xix) customer service termination in the event of bill nonpayment;

(xx) life expectancy of the geothermal system;

(xxi) the extent to which the proposal is cost–effective for ratepayers; and

(xxii) any other requirements as determined by the Commission.

(7) Each proposal shall include:

(i) a proposed rate structure for the pilot system that is projected to ensure that any customer participating in the pilot system does not pay more for utilities than if the customer had not participated; and

(ii) a proposed set of measurements of energy units and accounting standards.

(8) (i) A municipal corporation, county, or community organization may submit neighborhoods to gas companies for consideration as part of a pilot system.

(ii) A municipal corporation, county, or community organization that submits a neighborhood to a gas company for consideration as part of a pilot system under subparagraph (i) of this paragraph shall submit a copy of its proposal to the Commission.

(c) (1) On or before December 31, 2025, the Commission may approve, approve with modifications, or reject a proposal.

(2) Subject to paragraph (3) of this subsection, if the Commission determines that a proposal is in the public interest and is cost–effective, the Commission may approve, approve with modifications, or reject the proposal.

(3) (i) In determining whether to approve, approve with modifications, or reject a proposal, the Commission shall:

1. consider the projected costs and benefits of the projects proposed for inclusion in the pilot system by using a test that includes:

A. societal costs and benefits; and

B. avoided energy and infrastructure investments;

2. determine whether the pilot system is in the public interest and in the interest of ratepayers;

3. determine how each pilot system’s performance will be evaluated during the pilot system’s duration;

4. ensure that each pilot system:

A. has a provision for customers who may wish to opt out during the course of the pilot period; and

B. details ratepayer impacts for pilot system participants and all customers in the gas company’s service territory; and

5. determine whether the proposal is cost–effective in accordance with subparagraph (ii) of this paragraph.

(ii) A proposal under this section is cost–effective if the Commission determines that:

1. the projected benefits are greater than the projected costs for all ratepayers in the gas company’s service territory;

2. the gas company has obtained, or is reasonably certain to obtain, federal funding under the Financing Program or the Greenhouse Gas Reduction Fund to support the costs of a pilot system; and

3. the federal funding that the gas company has obtained, or is reasonably certain to obtain, to support the costs of a pilot system would not be more cost–effective in meeting other greenhouse gas reduction or electrification measures in the State.

(4) (i) Except as provided in subparagraph (ii) of this paragraph, each gas company shall complete construction of a pilot system within 1 year after the Commission approves the system.

(ii) The Commission may extend the deadline under subparagraph (i) of this paragraph for good cause shown.

(5) If the Commission approves a proposal with modifications, the Commission shall give the gas company a reasonable amount of time to make the necessary modifications.

(6) On completion of a pilot system, the gas company shall file with the Commission for evaluation any information relevant to the criteria established under paragraph (3) of this subsection.

(d) (1) Each pilot system shall meet the requirements for pilot systems under this subtitle for 2 years after the pilot system is initiated and operational.

(2) (i) Once the 2–year period under paragraph (1) of this subsection has passed, the Commission, in consultation with the Administration, the Office of People’s Counsel, the electric, gas, or water company that owns and manages the pilot system, a certified representative of the employees of the electric company, gas company, or water company that owns and manages the pilot system, and participating customers, shall determine whether to make the pilot system permanent.

(ii) A pilot system made permanent under subparagraph (i) of this paragraph shall continue to meet the requirements placed on pilot systems under this subtitle.

(iii) If a determination is made that a pilot system will not be made permanent under subparagraph (i) of this paragraph, the Commission may approve recovery of all prudently incurred costs necessary for a gas company to comply with the determination.

(3) The Commission shall adopt regulations addressing the decommissioning or discontinuance of a pilot system, including regulations ensuring that the customers who participated in the pilot system do not incur additional expenses for the decommissioning or installation of an appliance that is used in the pilot system and is decommissioned before the end of its useful life.

(e) (1) Each gas company implementing a pilot system shall participate in standardized data collection coordinated by the Commission.

(2) Any standardized data collected under paragraph (1) of this subsection shall:

(i) be filed with the Commission by the appropriate gas company; and

(ii) include data from the Learning From the Ground Up and any other national research project for the development of thermal energy network systems that the Commission considers appropriate.

(f) (1) The Administration shall provide funding in the form of grants to community–based organizations that perform outreach in neighborhoods to increase participation in a pilot system and coordinate the implementation of an approved pilot system.

(2) The Administration may provide up to $1,000,000 in funding to a community–based organization under paragraph (1) of this subsection.

(3) Funding under this subsection may be provided only before October 1, 2025.

(4) Funding under this subsection may be provided from the Strategic Energy Investment Fund established under § 9–20B–05 of the State Government Article or any other source of State or federal funding.

(g) (1) A gas company may request approval from the Commission to track the costs of developing a proposal under this section.

(2) A request under paragraph (1) of this subsection shall include a proposed development plan and budget.

(3) The Commission shall approve a request under paragraph (1) of this subsection on finding that the proposed plan and costs are necessary to meet the requirements under this section, reasonable, and in the public interest.

(4) At a gas company’s next rate case proceeding following the approval of a request under this subsection, the Commission may authorize recovery of prudently incurred costs associated with developing the proposal and any carrying costs that the Commission determines are appropriate.
Md. Code, Public Utilities § 7-208 — MD Code / Article gpu / Title 7 / Subtitle 2 / Section 7-208
§7–208.
Status: in_force

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

(2) “Construction” has the meaning stated in § 7–207 of this subtitle.

(3) “Generating station” does not include:

(i) a generating unit or facility that:

1. is used for the production of electricity for the purpose of:

A. onsite emergency backup at a facility when service from the electric company is interrupted due to electric distribution or transmission system failure or when there is equipment failure at a site where critical infrastructure is located; and

B. test and maintenance operations necessary to ensure functionality of the generating unit or facility in the event of an interruption of service from the electric company due to electric distribution or transmission system failure or when there is equipment failure at a site where critical infrastructure is located;

2. is installed with equipment that prevents the flow of electricity to the electric grid;

3. is subject to a permit to construct issued by the Department of the Environment; and

4. is installed at a facility that is part of critical infrastructure if the facility complies with all applicable regulations regarding noise level and testing hours; or

(ii) a combination of two or more generating units or facilities that satisfy item (i) of this paragraph.

(4) “Qualified offshore wind project” has the meaning stated in § 7–701 of this title.

(5) “Qualified submerged renewable energy line” means:

(i) a line carrying electricity supply and connecting a qualified offshore wind project to the transmission system; and

(ii) a line in which the portions of the line crossing any submerged lands or any part of a beach erosion control district are buried or submerged.

(b) This section applies to any person:

(1) constructing a generating station and its associated overhead transmission lines designed to carry a voltage in excess of 69,000 volts;

(2) exercising the right of condemnation in connection with the construction; or

(3) constructing a qualified submerged renewable energy line.

(c) (1) To obtain the certificate of public convenience and necessity required under § 7–207 of this subtitle for construction under this section, a person shall file an application with the Commission at least 2 years before construction of the facility will commence.

(2) The Commission may waive the 2–year requirement on a showing of good cause.

(d) The applicant shall:

(1) include in an application under this section the information that the Commission requests initially; and

(2) furnish any additional information that the Commission requests subsequently.

(e) (1) On the receipt of an application under this section, together with any additional information requested under subsection (d)(2) of this section, the Commission shall provide notice to:

(i) for a proposed overhead transmission line, each owner of land and each owner of adjacent land;

(ii) all interested persons;

(iii) the Department of Agriculture;

(iv) the Department of Commerce;

(v) the Department of the Environment;

(vi) the Department of Natural Resources;

(vii) the Department of Transportation;

(viii) the Department of Planning; and

(ix) the Maryland Energy Administration.

(2) On receipt of an application under this section, and whenever additional information is received under subsection (d)(2) of this section, the Commission shall provide notice immediately or require the applicant to provide notice immediately to:

(i) the governing body of each county or municipal corporation in which any portion of the generating station or the associated overhead transmission lines is proposed to be constructed;

(ii) the governing body of each county or municipal corporation within 1 mile of the proposed location of the generating station or the associated overhead transmission lines;

(iii) each member of the General Assembly representing any part of a county in which any portion of the generating station or the associated overhead transmission lines is proposed to be constructed; and

(iv) each member of the General Assembly representing any part of each county within 1 mile of the proposed location of the generating station or the associated overhead transmission lines.

(3) The Commission shall hold a public hearing on the application as required by § 7–207 of this subtitle after:

(i) the receipt of any additional information requested under subsection (d)(2) of this section that the Commission considers necessary; and

(ii) any publication of notice the Commission considers to be proper.

(4) (i) At the public hearing, the Commission shall ensure presentation of the information and recommendations of the State units specified in paragraph (1) of this subsection and shall allow the official representative of each unit to sit during hearing of all parties.

(ii) Based on the evidence relating to the unit’s areas of concern, the Commission shall allow each unit 15 days after the conclusion of the hearing to modify or affirm the unit’s initial recommendations.

(f) Within 90 days after the conclusion of the hearing on an application under this section, the Commission shall:

(1) (i) grant a certificate of public convenience and necessity unconditionally;

(ii) grant the certificate, subject to conditions the Commission determines to be appropriate; or

(iii) deny the certificate; and

(2) notify all interested parties of its decision.

(g) (1) The Commission shall include in each certificate it issues under subsection (f) of this section:

(i) the requirements of the federal and State environmental laws and standards that are identified by the Department of the Environment; and

(ii) the methods and conditions that the Commission determines are appropriate to comply with those environmental laws and standards.

(2) The Commission may not adopt any method or condition under paragraph (1)(ii) of this subsection that the Department of the Environment determines is inconsistent with federal and State environmental laws and standards.

(h) (1) A decision of the Commission regarding the issuance of a certificate requires the vote of a majority of the members of the Commission.

(2) If a majority of the members of the Commission fails to reach agreement on the conditions to be attached to a conditional certificate, the certificate shall be denied.

(i) The grant of a certificate by the Commission to any person under subsection (f) of this section constitutes:

(1) authority for the person to dredge and construct bulkheads in the waters or private wetlands of the State and to appropriate or use the waters; and

(2) registration and a permit to construct, as required under Title 2, Subtitle 4 of the Environment Article.

(j) (1) A county or municipal corporation has the authority to approve or deny any local permit required under a certificate of public convenience and necessity issued under this section.

(2) A county or municipal corporation shall approve or deny any local permits required under a certificate of public convenience and necessity issued under this section:

(i) within a reasonable time; and

(ii) to the extent local laws are not preempted by State law, in accordance with local laws.

(3) A county or municipal corporation may not condition the approval of a local permit required under a certificate of public convenience and necessity issued under this section on receipt of any of the following approvals for any aspect of a generating station, an overhead transmission line, or a qualified lead line proposed to be constructed under the certificate:

(i) a conditional use approval;

(ii) a special exception approval; or

(iii) a floating zone approval.
Md. Code, General Provisions § 7-204 — MD Code / Article ggp / Title 7 / Subtitle 2 / Section 7-204
§7–204.
Status: in_force

(a) The flag of the United States and the State flag shall be flown from the State House as provided in this section.

(b) When the General Assembly is in session, the flag of the United States and the State flag shall be flown continuously.

(c) When the General Assembly is not in session, the flag of the United States and the State flag shall be flown:

(1) continuously on each day that the Governor designates as a public occasion; and

(2) between sunrise and sunset on any other day when the weather permits.

(d) The State flag shall be flown with the black stripe on the diagonal bands of the first quarter at the top of the flagstaff, as shown in the illustration of the State flag in “Chronicles of Colonial Maryland”.
Md. Code, General Provisions § 7-411 — MD Code / Article ggp / Title 7 / Subtitle 4 / Section 7-411
§7–411.
Status: in_force

The Governor annually shall proclaim the second Saturday in May as Negro Baseball League Day.
Md. Code, Public Utilities § 7-510 — MD Code / Article gpu / Title 7 / Subtitle 5 / Section 7-510
§7–510.
Status: in_force

(a) (1) Subject to subsection (b) of this section, the phased implementation of customer choice shall be implemented as follows:

(i) on July 1, 2000, one–third of the residential class in the State of each electric company shall have the opportunity for customer choice;

(ii) on January 1, 2001, the entire industrial class and the entire commercial class in the State of each electric company shall have the opportunity for customer choice;

(iii) on July 1, 2001, two–thirds of the residential class in the State of each electric company shall have the opportunity for customer choice;

(iv) on July 1, 2002, all customers of each electric company shall have the opportunity for customer choice; and

(v) by July 1, 2003, under a separate schedule adopted by the Commission, all customers of each electric cooperative shall have the opportunity for customer choice.

(2) (i) In accordance with this paragraph, the Commission may adopt a separate schedule for municipal electric utilities for the implementation of customer choice.

(ii) A municipal electric utility may not be required to make its service territory available for customer choice unless it elects to do so.

(iii) If a municipal electric utility elects to allow customer choice, the municipal electric utility shall file a proposed plan and schedule with the Commission.

(iv) The Commission may approve each municipal electric utility plan and schedule after considering the features that distinguish the municipal electric utility from other electric companies.

(v) Nothing in this subtitle may be construed to require the functional, operational, structural, or legal separation of the regulated and nonregulated operations of the municipal electric utility.

(3) If a municipal electric utility serves customers outside its distribution territory, electricity suppliers licensed under § 7–507 of this subtitle may serve the customers in the distribution territory of the municipal electric utility.

(b) For good cause shown and if the Commission finds the action to be in the public interest, the Commission may:

(1) accelerate or delay the initial implementation date of July 1, 2000, by up to 3 months; or

(2) accelerate any of the other implementation dates and phase–in percentages in subsection (a) of this section.

(c) (1) Beginning on the initial implementation date, an electric company’s obligation to provide electricity supply and electricity supply service is stated by this subsection.

(2) (i) Electricity supply purchased from a customer’s electric company is known as standard offer service.

(ii) A customer is considered to have chosen the standard offer service if the customer:

1. is not allowed to choose an electricity supplier under the phase in of customer choice in subsection (a) of this section;

2. contracts for electricity with an electricity supplier and it is not delivered;

3. cannot arrange for electricity from an electricity supplier;

4. does not choose an electricity supplier;

5. chooses the standard offer service; or

6. has been denied service or referred to the standard offer service by an electricity supplier in accordance with § 7–507(e)(6) of this subtitle.

(3) (i) An electric company has the obligation to provide standard offer service to residential and small commercial customers at a market price that permits recovery of the verifiable, prudently incurred costs to procure or produce the electricity plus a reasonable return.

(ii) On or before December 31, 2008, and every 5 years thereafter, the Commission shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly on the status of the standard offer service and the development of competition.

(4) (i) 1. On or before July 1, 2001, the Commission shall adopt regulations or issue orders to establish procedures for the competitive selection of wholesale electricity suppliers, including an affiliate of an electric company, to provide electricity for standard offer service to customers of electric companies under paragraph (2) of this subsection, except for customers of electric cooperatives and municipal electric utilities.

2. Unless delayed by the Commission, the competitive selection shall take effect no later than July 1, 2003.

(ii) 1. Under the obligation to provide standard offer service in accordance with this subsection, the Commission, by regulation or order, and in a manner that is designed to obtain the best price for residential and small commercial customers in light of market conditions at the time of procurement and the need to protect these customers from excessive price increases:

A. shall require each investor–owned electric company to obtain its electricity supply for residential and small commercial customers participating in standard offer service through a competitive process in accordance with this paragraph; and

B. may require or allow an investor–owned electric company to procure electricity for these customers directly from an electricity supplier through one or more bilateral contracts outside the competitive process.

2. A. As the Commission directs, the competitive process shall include a series of competitive wholesale bids in which the investor–owned electric company solicits bids to supply anticipated standard offer service load for residential and small commercial customers as part of a portfolio of blended wholesale supply contracts of short, medium, or long terms, and other appropriate electricity products and strategies, as needed to meet demand in a cost–effective manner.

B. The competitive process may include different bidding structures and mechanisms for base load, peak load, and very short–term procurement.

C. By regulation or order, as a part of the competitive process, the Commission shall require or allow the procurement of cost–effective energy efficiency and conservation measures and services with projected and verifiable energy savings to offset anticipated demand to be served by standard offer service, and the imposition of other cost–effective demand–side management programs.

3. A. In order to prevent an excessive amount of load being exposed to upward price risks and volatility, the Commission may stagger the dates for the competitive wholesale auctions.

B. By regulation or order, the Commission may allow a date on which a competitive wholesale auction takes place to be altered based on current market conditions.

4. By regulation or order, the Commission may allow an investor–owned electric company to refuse to accept some or all of the bids made in a competitive wholesale auction in accordance with standards adopted by the Commission.

5. The investor–owned electric company shall publicly disclose the names of all bidders and the names and load allocation of all successful bidders 90 days after all contracts for supply are executed.

(5) An electric company may procure the electricity needed to meet its standard offer service electricity supply obligation from any electricity supplier, including an affiliate of the electric company.

(6) In order to meet long–term, anticipated demand in the State for standard offer service and other electricity supply, the Commission may require or allow an investor–owned electric company to construct, acquire, or lease, and operate, its own generating facilities, and transmission facilities necessary to interconnect the generating facilities with the electric grid, subject to appropriate cost recovery.

(7) (i) To determine whether an appropriate phased implementation of electricity rates that is necessary to protect residential customers from the impact of sudden and significant increases in electricity rates, the Commission in the case of an increase of 20% or more over the previous year’s total electricity rates, shall conduct evidentiary proceedings, including public hearings.

(ii) 1. A deferral of costs as part of a phased implementation of electricity rates by an investor–owned electric company shall be treated as a regulatory asset to be recovered in accordance with a rate stabilization plan under Part III of this subtitle or any other plan for phased implementation approved by the Commission.

2. A deferral of costs under this paragraph must be just, reasonable, and in the public interest.

(iii) The Commission shall approve the recovery of deferred costs under subparagraph (ii) of this paragraph as:

1. long–term recovery in accordance with a rate stabilization plan under Part III of this subtitle; or

2. short–term recovery through a rate proceeding mechanism approved by the Commission.

(iv) The Commission may approve a phasing in of increased costs by:

1. placing a cap on rates and allowing recovery over time; or

2. allowing rates to increase and providing for a rebate to customers of any excess costs paid.

(8) (i) An electric cooperative that as of July 1, 2006, supplied its standard offer service load through a portfolio of blended wholesale supply contracts of short, medium, and long terms, and other appropriate electricity products and strategies, as needed to meet demand in a cost–effective manner, may choose to continue to use a blended portfolio:

1. as approved and modified by the electric cooperative’s board of directors; and

2. with appropriate review for prudent cost recovery as determined by the Commission.

(ii) The Commission may not set or enforce a termination date for the procurement of supply through a managed portfolio previously approved by the Commission.

(9) (i) The Commission, on request by an electric cooperative or on its own initiative, shall initiate a proceeding to investigate options for a rate stabilization plan to assist residential electric customers to gradually adjust to market rates over an extended period of time.

(ii) If an electric cooperative determines that total electric rates for residential customers are anticipated to increase by more than 20% in a 12–month period resulting from an increase in the cost of generation, the electric cooperative shall survey its membership to determine whether to make a request to the Commission to initiate a proceeding under subsection (a) of this section.

(iii) Notwithstanding subparagraphs (i) and (ii) of this paragraph, as approved by the Commission, an electric cooperative may receive a modification in distribution and transmission rates.

(10) (i) This paragraph does not apply to a member–regulated cooperative as defined in § 5–601 of the Corporations and Associations Article.

(ii) An electric cooperative may advertise, market, and promote standard offer service and related products in its service territory, including availability, price, and other terms, in compliance with appropriate consumer protections consistent with those that apply to electricity suppliers under § 7–507 of this subtitle.

(d) (1) This subsection applies to residential electricity supply other than supply offered through:

(i) standard offer service;

(ii) the Department of General Services’ sale of energy under § 7–704.4 of this title; or

(iii) a community choice aggregator under § 7–510.3 of this subtitle.

(2) A residential electricity supplier:

(i) may offer electricity, other than green power, only at a price that does not exceed the trailing 12–month average of the electric company’s standard offer service rate in the electric company’s service territory as of the date of agreement with the customer;

(ii) may offer residential electricity supply only for a term not to exceed 12 months at a time;

(iii) may, for electricity supply other than green power, automatically renew the term only if the electricity supplier provides notice to the customer 90 days before and 30 days before renewal;

(iv) may offer green power that meets the requirements of § 7–707 of this title, but may not automatically renew the term with the customer;

(v) subject to paragraph (3) of this subsection, may not offer a variable rate other than a rate that adjusts for seasonal variation not more than twice in a single year; and

(vi) may not pay a commission or other incentive–based compensation to an energy salesperson for enrolling customers.

(3) Paragraph (2)(v) of this subsection does not prohibit the offer and use of time–of–use rates that establish different rates for periods within a single day.

(4) A residential electricity supplier may not sell to an electric company, and an electric company may not purchase from the electricity supplier, accounts receivable.

(e) (1) This subsection does not apply to:

(i) the Department of General Services’ sale of energy under § 7–704.4 of this title; or

(ii) a community choice aggregator under § 7–510.3 of this subtitle.

(2) An electric company and a residential electricity supplier shall establish a mechanism for a customer whose account number or customer choice identification number has been compromised to receive a replacement account number or customer choice identification number on request, subject to verification in a manner approved by the Commission.

(f) (1) This subsection does not apply to:

(i) the Department of General Services’ sale of energy under § 7–704.4 of this title; or

(ii) a community choice aggregator under § 7–510.3 of this subtitle.

(2) Except as provided in paragraph (3) of this subsection, as approved by the Commission by regulation or order, each electric company and each residential electricity supplier shall allow a customer to indicate the customer’s intention to remain on standard offer service indefinitely and not to receive directed marketing contacts from electricity suppliers through the implementation of a “do not transfer” list onto which the customer may request to be placed.

(3) A residential electricity supplier may contact a customer on a “do not transfer” list until the electricity supply agreement entered into between the electricity supplier and the customer expires.

(g) (1) In this subsection, “billing entity” means an electric company, a licensed electricity supplier, or any other entity that is responsible for issuing an electric bill to a residential customer.

(2) On or before the 15th day of each month, each billing entity shall submit a report to the Commission on customer choice in its service territory for the preceding month, including:

(i) the total kilowatt–hours distributed to customers purchasing electricity from a third–party electricity supplier;

(ii) the total supply cost charged to customers purchasing electricity from a third–party electricity supplier;

(iii) the total cost that customers specified in item (ii) of this paragraph would have paid under standard offer service;

(iv) the net third–party total cost compared to the net standard offer service cost;

(v) the total third–party average rate;

(vi) the standard offer service average rate;

(vii) the difference between the total third–party average rate and the standard offer service average rate;

(viii) the third–party average residential rates broken out by supplier and the variance between each of these rates and the standard offer service average rate;

(ix) the third–party average general service nondemand rates broken out by supplier and the variance between each of these third–party rates and the standard offer service average rate;

(x) the third–party average general service demand rates broken out by supplier and the variance between each of these third–party rates and the standard offer service average rate;

(xi) the third–party average large power demand rates broken out by supplier and the variance between each of these third–party rates and the standard offer service average rate; and

(xii) other pertinent information the Commission considers appropriate.

(h) The Commission shall, by regulation or order, adopt procedures to implement this section.

(i) Except as provided in § 7–510.3 of this subtitle, a county or municipal corporation may not act as an aggregator unless the Commission determines there is not sufficient competition within the boundaries of the county or municipal corporation.
Md. Code, Commercial Law § 7-402 — MD Code / Article gcl / Title 7 / Subtitle 4 / Section 7-402
§7–402.
Status: in_force

A duplicate or any other document of title purporting to cover goods already represented by an outstanding document of the same issuer does not confer any right in the goods, except as provided in the case of tangible bills of lading in a set of parts, overissue of documents for fungible goods, substitutes for lost, stolen, or destroyed documents, or substitute documents issued pursuant to § 7-105. The issuer is liable for damages caused by its overissue or failure to identify a duplicate document by a conspicuous notation.
Md. Code, Tax - Property § 7-305 — MD Code / Article gtp / Title 7 / Subtitle 3 / Section 7-305
§7–305.
Status: in_force

Property is not subject to State property tax if the property:

(1) is owned by the Harford Land Trust; and

(2) is used:

(i) to assist in the preservation of a wild nature area;

(ii) to establish a nature reserve or other protected area;

(iii) for environmental education of the public; or

(iv) generally to promote conservation.
Md. Code, State Finance and Procurement § 7-403 — MD Code / Article gsf / Title 7 / Subtitle 4 / Section 7-403
§7–403.
Status: in_force

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

(2) “Financial records” means the generally accepted budgets, journals, ledgers, reports of expenses and revenue, or other forms of financial documentation that may be required as a condition for receiving State funds.

(3) “Health or social welfare organization” means an organization that is operated for the promotion of the public health or social welfare, whether or not the organization is tax exempt under § 501(c) of the Internal Revenue Code.

(4) “Uniform accounting standards” means:

(i) accounting standards and procedures that the American Institute of Certified Public Accountants has adopted for voluntary health or social welfare organizations; or

(ii) uniform standards of an equivalent nature that:

1. are applied consistently; and

2. conform to generally accepted accounting principles.

(b) This section does not apply to:

(1) a dentist;

(2) a hospital that the State Health Services Cost Review Commission regulates;

(3) a pharmacist; or

(4) a physician.

(c) (1) This subsection applies only to a contract for the provision of health or social welfare services between:

(i) a unit of the State government; and

(ii) a health or social welfare organization or an individual.

(2) A contract with an individual who is a Maryland resident or with a health or social welfare organization incorporated under the laws of this State shall require the individual or the health or social welfare organization to keep financial records in accordance with uniform accounting standards.

(3) A contract with any other individual or private health or social welfare organization may require the individual or private health or social welfare organization to keep financial records in accordance with uniform accounting standards.

(d) A unit of the State government that makes a grant to a private health or social welfare organization shall require the private health or social welfare organization to keep financial records in accordance with uniform accounting standards.

(e) A unit of the State government may not require an individual or a private health or social welfare organization to keep financial records in a manner that is inconsistent with uniform accounting standards.

(f) (1) (i) The chief accountant of a unit of the State government or of the principal department to which the unit is assigned may examine the financial records of an individual or a health or social welfare organization that receives a grant from the unit.

(ii) The accountant shall give 30 days’ prior notice of an examination under this paragraph.

(2) (i) Subject to subparagraphs (ii) and (iii) of this paragraph, the chief accountant of a unit or of the principal department to which the unit is assigned shall examine any financial records required to be kept under subsection (c) of this section.

(ii) For the financial records required to be kept under subsection (c)(2) of this section, the accountant shall give 30 days’ prior notice of the examination under this paragraph.

(iii) For any financial records required to be kept under subsection (c)(3) of this section, the accountant shall examine the financial records when an examination is authorized by:

1. the secretary of the principal department to which the unit is assigned; or

2. if the unit is not assigned to a principal department, the head of the unit.

(g) A unit of the State government may not:

(1) make a grant to an organization that fails to keep financial records in accordance with uniform accounting standards; or

(2) make a contract with an organization or individual who fails to keep financial records as required under this section.
Md. Code, Public Utilities § 7-207.5 — MD Code / Article gpu / Title 7 / Subtitle 2 / Section 7-207.5
§7–207.
Status: in_force

§7–207.5. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTERS 625 AND 626 OF 2025 //

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

(2) “Construction” has the meaning stated in § 7–207 of this subtitle.

(3) (i) “Dispatchable energy generation project” means a generating station or energy storage device that is part of a proposal approved by the Commission under § 7–1206 of this title.

(ii) “Dispatchable energy generation project” includes any associated infrastructure necessary to interconnect the generating station to the electric distribution system.

(4) “Energy storage device” has the meaning stated in § 7–216 of this subtitle.

(5) “Generating station” has the meaning stated in § 7–207 of this subtitle.

(6) “Large capacity energy resource” means a generating station that:

(i) on or before January 1, 2025:

1. has applied to PJM for interconnection approval; or

2. has been approved by PJM for interconnection;

(ii) has a capacity rating equal to or greater than 20 megawatts after accounting for the effective load carrying capability; and

(iii) is part of a proposal approved by the Commission under § 7–1206 of this title.

(7) “Qualifying project” means a dispatchable energy generation project or large capacity energy resource project that has been approved by the Commission under § 7–1208 of this title.

(b) This section applies only to an application for a certificate of public convenience and necessity for the construction of a qualifying project.

(c) Unless a certificate of public convenience and necessity is first obtained from the Commission in accordance with this section or § 7–207 of this subtitle, a person may not construct a qualifying project.

(d) A certificate of public convenience and necessity issued under this section bestows the same rights as a certificate of public convenience and necessity issued under § 7–207 of this subtitle.

(e) A person applying for a certificate of public convenience and necessity under this section shall:

(1) at least 45 days before submitting an application under this section, notify the Commission and the Power Plant Research Program; and

(2) unless otherwise specified under this section, complete all pre–application requirements before submitting an application.

(f) (1) Except as provided in paragraph (2) of this subsection, the timelines associated with the normal pre–application requirements under § 7–207 of this subtitle, including the requirements under COMAR 20.79.01.04 and COMAR 20.79.01.05, shall be shortened to 45 days for applications submitted under this section.

(2) If the proposed location of a qualifying project is in an overburdened community or underserved community, as defined in § 1–701 of the Environment Article, the timeline for the pre–application requirements under COMAR 20.79.01.04 and COMAR 20.79.01.05 shall remain at 90 days.

(g) Once five applications have been received under this section within a 2–month period, the Commission may delay processing any subsequent applications submitted under this section without impacting the timelines specified in this section.

(h) (1) The Commission shall:

(i) expedite all proceedings for the review and approval of a certificate of public convenience and necessity for a qualifying project; and

(ii) take final action on a certificate of public convenience and necessity for a qualifying project not later than 295 days after the Power Plant Research Program determines that the application is complete in accordance with COMAR 20.79.01.10.

(2) The Commission may extend the time to take final action on a certificate of public convenience and necessity under this section if an applicant fails to comply with the law, regulatory requirements, or Commission orders associated with obtaining a certificate of public convenience and necessity.

(3) Notwithstanding any other law or regulation, in order to meet the required timelines for the issuance of a certificate of public convenience and necessity under this section, the Commission may review and determine whether to approve decommissioning plans for a qualifying project after the certificate of public convenience and necessity has been issued.

(i) In evaluating an application for a certificate of public convenience and necessity under this section, the Commission may contract for the services of independent consultants and experts.
Md. Code, Corporations and Associations § 7-202 — MD Code / Article gca / Title 7 / Subtitle 2 / Section 7-202
§7–202.
Status: in_force

(a) Unless it is qualified to do business under § 7–203 of this subtitle, before doing any interstate or foreign business in this State, a foreign corporation shall register with the Department.

(b) To register, the corporation shall:

(1) Certify to the Department:

(i) The address of the corporation; and

(ii) 1. The name and address of the corporation’s resident agent in this State; or

2. That the corporation is appointing the Department as its resident agent; and

(2) Provide proof acceptable to the Department of good standing in the jurisdiction where it currently is organized.

(c) Unless terminated by the corporation, the registration is effective as long as the corporation has a resident agent in this State.
Md. Code, Public Utilities § 7-214 — MD Code / Article gpu / Title 7 / Subtitle 2 / Section 7-214
§7–214.
Status: in_force

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

(2) “Contact voltage” means a voltage condition that may result in an object or surface being inadvertently energized.

(3) “Contact voltage risk zone” or “CVRZ” means the portions of each electric company’s service territory that:

(i) are served by underground electric distribution plant; and

(ii) have substantial pedestrian traffic or population density, whether permanent, seasonal, or varying by time of day.

(4) “Contact voltage survey” means a survey performed by an electric company to detect contact voltage consistent with the electric company’s voltage survey plan.

(5) (i) “Electric distribution plant” means all electric company plant used to distribute electricity to its customers.

(ii) “Electric distribution plant” includes covers and protective structures.

(iii) “Electric distribution plant” does not include customer meters and meter enclosures.

(6) “Voltage survey plan” means a plan, submitted by an electric company and approved by the Commission, that governs the electric company’s contact voltage detection and testing equipment and voltage detection and testing procedures to be used when conducting contact voltage surveys.

(b) (1) On or before September 1, 2012, each electric company shall file with the Commission for approval:

(i) a list and location map for all CVRZs within its service territory, if applicable; or

(ii) if no CVRZs are designated in its service territory, a voltage survey plan.

(2) Within 30 days after the Commission approves a CVRZ within an electric company’s service territory, the electric company shall file its voltage survey plan for Commission approval.

(3) On Commission approval of its voltage survey plan, each electric company shall conduct:

(i) an initial contact voltage survey of each CVRZ within 1 year after the Commission approves an electric company’s voltage survey plan; and

(ii) subsequent surveys of each CVRZ as set forth in its voltage survey plan.

(4) Each electric company shall conduct an initial and each subsequent contact voltage survey within each CVRZ of all objects and surfaces that are:

(i) publicly accessible;

(ii) capable of conducting electricity; and

(iii) 1. electric distribution plant;

2. streetlights owned or maintained by the electric company;

3. streetlights and traffic signals owned by a municipal corporation or other unit of government, with the consent of the appropriate authority; and

4. public parks and playgrounds, with the consent of the appropriate authority.

(5) (i) For areas in each electric company’s service territory not located in a CVRZ, except for wooden poles, the electric company shall conduct a contact voltage survey on all publicly accessible electric distribution plant and publicly accessible streetlights that the electric company owns or maintains that are capable of conducting electricity:

1. within 3 years after the initial approval of the voltage survey plan; and

2. subsequently as set forth in its voltage survey plan.

(ii) An electric company shall test each streetlight for contact voltage after dark or when the light is illuminated.

(6) At least 60 days before implementing a material change to a voltage survey plan, an electric company shall file an amended voltage survey plan for Commission approval.

(7) The Commission may modify the frequency or scope of any contact voltage survey requirement on a showing of good cause.

(c) (1) Each electric company shall include in its voltage survey plan all equipment used for detecting contact voltage.

(2) (i) The type of each equipment must be certified by an independent test laboratory as being able to reliably detect voltages of 6 to 600 volts.

(ii) Each electric company shall include the certification when filing the voltage survey plan.

(d) (1) Each electric company shall confirm and document all contact voltage detected in its contact voltage survey using a voltmeter and a 500 ohm shunt resistor.

(2) Until a potential contact voltage condition can be confirmed under paragraph (1) of this subsection, each electric company shall make an area safe after detecting a potential contact voltage condition during its contact voltage survey.

(3) If an electric company detects a contact voltage measurement under paragraph (1) of this subsection that is at least 1 volt of alternating current, the electric company shall:

(i) perform a contact voltage survey on all objects and surfaces that are capable of conducting electricity and are publicly accessible within at least 30 feet of the location of the measured contact voltage;

(ii) when electric distribution plant or a street light that the electric company owns or maintains is indicating contact voltage:

1. immediately and continuously make the area safe; and

2. use best efforts to make a permanent repair to mitigate the contact voltage as soon as possible, but not later than 45 days, unless extraordinary circumstances exist and the area continues to be made safe through a temporary measure to mitigate the contact voltage;

(iii) when property that is not owned by the electric company is indicating contact voltage, immediately use best efforts to:

1. make the area safe; and

2. notify the customer or responsible person associated with the premises or customer–owned facility of the unsafe condition and the need for the customer to make a permanent repair to mitigate contact voltage; and

(iv) maintain written records of its actions to make the area safe and mitigate the contact voltage.

(e) (1) On or before April 1 of each year, each electric company shall file a compliance report with the Commission:

(i) describing the results of its contact voltage surveys; and

(ii) summarizing each known contact voltage electric shock and each contact voltage electric shock complaint received from a member of the public, whether the shock affected an individual or an animal.

(2) The Commission shall approve the form of the report.

(f) The Commission may impose a civil penalty under this division for a violation of this subsection.

(g) The Commission may, in its discretion, through order or regulation:

(1) waive or modify any provision of this section; or

(2) impose additional requirements as circumstances require.
Md. Code, Environment § 7-264 — MD Code / Article gen / Title 7 / Subtitle 2 / Section 7-264
§7–264.
Status: in_force

(a) Any person aggrieved by a final decision of the Department in connection with an order, hauler certificate, vehicle certificate, or facility permit issued under this subtitle may take a direct judicial appeal.

(b) The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act. However, an order of the Department suspending or revoking a facility permit under § 7-257 of this subtitle may not be stayed pending review.
Md. Code, Transportation § 7-503 — MD Code / Article gtr / Title 7 / Subtitle 5 / Section 7-503
§7–503.
Status: in_force

(a) In cooperation with private carriers and the Public Service Commission, the Administration shall coordinate, to the fullest extent practicable, the routes and service of its transit facilities with the routes and service of private carriers.

(b) Subject to the approval of the Public Service Commission, the Administration shall:

(1) Enter into agreements with private carriers to establish and maintain through routes and joint fares and to provide for the division of these joint fares; or

(2) In the absence of agreement, establish and maintain through routes and joint fares in accordance with orders issued by the Public Service Commission and directed to the private carriers, if the terms and conditions for the through service and joint fares are acceptable to the Administration.
Md. Code, Labor and Employment § 7-402 — MD Code / Article gle / Title 7 / Subtitle 4 / Section 7-402
§7–402.
Status: in_force

Unless there is just cause for noncompliance, each farm labor contractor shall comply with:

(1) each written agreement with an agricultural operation that relates to performing a farm labor contracting service or to protecting a migrant agricultural worker under this title;

(2) each written agreement or working arrangement with a migrant agricultural worker; and

(3) each written description of conditions of employment, housing, or transportation that is required under this subtitle to be disclosed to migrant agricultural workers.
Md. Code, Public Utilities § 7-402 — MD Code / Article gpu / Title 7 / Subtitle 4 / Section 7-402
§7–402.
Status: in_force

Except as provided in § 7-406(c) of this subtitle, the provisions of this subtitle do not apply to any building constructed within the boundaries of a political subdivision if:

(1) the political subdivision has adopted the Energy Code; and

(2) the Energy Code adopted by the political subdivision applies to the building being constructed.
Md. Code, Environment § 7-234 — MD Code / Article gen / Title 7 / Subtitle 2 / Section 7-234
§7–234.
Status: in_force

(a) The Governor may issue an executive order that allows the Department to issue a low-level nuclear waste facility permit if the Governor finds that there is a substantial likelihood that the absence of a low-level nuclear waste facility, inside or outside this State, will:

(1) Cause a cessation in this State of power generation, medical treatments, medical diagnosis, scientific research, or other activity that relies on nuclear sources; or

(2) Otherwise present a serious threat to public safety or health.

(b) The Governor shall submit each executive order issued under this section to the General Assembly at a regular or special session.

(c) Unless an executive order issued under this section is disapproved specifically by a resolution in which a majority of the members of each house concur, an executive order issued under this section is effective 30 days after the date the executive order is submitted to the General Assembly.
Md. Code, Health Occupations § 7-308 — MD Code / Article gho / Title 7 / Subtitle 3 / Section 7-308
§7–308.
Status: in_force

(a) Subject to the provisions of this section, the Board shall issue a surviving spouse license to an applicant if the applicant:

(1) Is the surviving spouse of a licensed mortician or licensed funeral director whose license was in good standing at the time of death and who at the time of death was operating and wholly or partly owned a mortuary science business;

(2) Is not a licensed mortician or licensed funeral director;

(3) Submits to the Board, within 30 days of the death of the licensed mortician or funeral director, written verification of the death of the licensee and the application required by the Board; and

(4) Pays a fee set by the Board.

(b) (1) Within 6 months of the issuance of the surviving spouse license, the applicant must take the written Maryland State law examination administered by the Board under § 7-304(b), (c), (d)(1), (e), and (f) of this subtitle.

(2) The license becomes null and void if the surviving spouse fails the Maryland State law examination twice.

(3) An applicant may retake the law examination as often as necessary to fulfill the requirement of this subsection.

(c) Nothing in this section shall prevent a surviving spouse from selling the mortuary science business that was operated and wholly or partly owned by the licensed funeral director or licensed mortician.

(d) Except as provided in subsection (c) of this section, while a surviving spouse license is effective, it authorizes the licensee to:

(1) Continue the operation of the mortuary science business that had been operated and wholly or partly owned by the spouse of the licensee; and

(2) Assist with the planning and conducting of funeral services for that mortuary science business.

(e) The Board may issue a license under this section only if:

(1) The business is operated under the direct supervision of a licensed mortician or funeral director; and

(2) The embalming is done by a licensed mortician.
Md. Code, Public Utilities § 7-1307 — MD Code / Article gpu / Title 7 / Subtitle 13 / Section 7-1307
§7–1307.
Status: in_force

(a) This section does not apply to:

(1) the report required under § 7–1304(a)(3) of this subtitle; and

(2) the report required under § 7–1304(c)(2) of this subtitle.

(b) Each report required under this subtitle shall include documentation of stakeholder engagement and any feedback received related to the development of that report.
Md. Code, Real Property § 7-105.1 — MD Code / Article grp / Title 7 / Subtitle 1 / Section 7-105.1
§7–105.
Status: in_force

§7–105.1.

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

(2) (i) “Certified community development financial institution” means a community development financial institution that is certified by the Community Development Financial Institutions Fund in the U.S. Department of the Treasury under 12 U.S.C. § 4701 et seq.

(ii) “Certified community development financial institution” includes any company that controls, is controlled by, or is under common control with a certified community development financial institution.

(3) “Final loss mitigation affidavit” means an affidavit that:

(i) Is made by a person authorized to act on behalf of a secured party of a mortgage or deed of trust on owner–occupied residential property that is the subject of a foreclosure action;

(ii) Certifies the completion of the final determination of loss mitigation analysis in connection with the mortgage or deed of trust; and

(iii) If denied, provides an explanation for the denial of a loan modification or other loss mitigation.

(4) “Foreclosure mediation” means a conference at which the parties in a foreclosure action, their attorneys, additional representatives of the parties, or a combination of those persons appear before an impartial individual to discuss the positions of the parties in an attempt to reach agreement on a loss mitigation program for the mortgagor or grantor.

(5) “Housing counseling services” means assistance provided to mortgagors or grantors by nonprofit and governmental entities that are identified on a list maintained by the Department of Housing and Community Development.

(6) “Loss mitigation analysis” means an evaluation of the facts and circumstances of a loan secured by owner–occupied residential property to determine:

(i) Whether a mortgagor or grantor qualifies for a loan modification; and

(ii) If there will be no loan modification, whether any other loss mitigation program may be made available to the mortgagor or grantor.

(7) “Loss mitigation program” means an option in connection with a loan secured by owner–occupied residential property that:

(i) Avoids foreclosure through loan modification or other changes to existing loan terms that are intended to allow the mortgagor or grantor to stay in the property;

(ii) Avoids foreclosure through a short sale, deed in lieu of foreclosure, or other alternative that is intended to simplify the mortgagor’s or grantor’s relinquishment of ownership of the property; or

(iii) Lessens the harmful impact of foreclosure on the mortgagor or grantor.

(8) “Owner–occupied residential property” means residential property in which at least one unit is occupied by an individual who:

(i) Has an ownership interest in the property; and

(ii) Uses the property as the individual’s primary residence.

(9) “Postfile mediation” means foreclosure mediation that occurs in accordance with subsection (j) of this section after the date on which the order to docket or complaint to foreclose is filed.

(10) “Prefile mediation” means foreclosure mediation that occurs in accordance with subsection (d) of this section before the date on which the order to docket or complaint to foreclose is filed.

(11) “Preliminary loss mitigation affidavit” means an affidavit that:

(i) Is made by a person authorized to act on behalf of a secured party of a mortgage or deed of trust on owner–occupied residential property that is the subject of a foreclosure action;

(ii) Certifies the status of an incomplete loss mitigation analysis in connection with the mortgage or deed of trust; and

(iii) Includes reasons why the loss mitigation analysis is incomplete.

(12) “Residential property” means real property improved by four or fewer single family dwelling units that are designed principally and are intended for human habitation.

(b) (1) Except as provided in paragraph (2) of this subsection, an action to foreclose a mortgage or deed of trust on residential property may not be filed until the later of:

(i) 90 days after a default in a condition on which the mortgage or deed of trust provides that a sale may be made; or

(ii) 45 days after the notice of intent to foreclose required under subsection (c) of this section is sent.

(2) (i) The secured party may petition the circuit court for leave to immediately commence an action to foreclose the mortgage or deed of trust if:

1. The loan secured by the mortgage or deed of trust was obtained by fraud or deception;

2. No payments have ever been made on the loan secured by the mortgage or deed of trust;

3. The property subject to the mortgage or deed of trust has been destroyed;

4. The default occurred after the stay has been lifted in a bankruptcy proceeding; or

5. The property subject to the mortgage or deed of trust is property that is vacant and abandoned as provided under § 7–105.18 of this subtitle.

(ii) The court may rule on the petition with or without a hearing.

(iii) If the petition is granted:

1. The action may be filed at any time after a default in a condition on which the mortgage or deed of trust provides that a sale may be made; and

2. The secured party need not send the written notice of intent to foreclose required under subsection (c) of this section.

(b–1) (1) This subsection applies only to an action for the foreclosure of a mortgage or deed of trust on an owner–occupied residential property.

(2) Notwithstanding any other law, the court shall stay the proceedings if the defendant presents evidence satisfactory to the court that the defendant is:

(i) An employee of the federal or State government or an employee of a local government in the State; and

(ii) Involuntarily furloughed from work without pay because of a government shutdown, regardless of whether the employee is required to report to work during the furlough.

(3) (i) Subject to subparagraph (ii) of this paragraph, a stay under this subsection shall be granted for a time that the court considers reasonable.

(ii) A stay under this subsection may not be granted for a period that ends more than 30 days after the end of the government shutdown without a showing of sufficient cause by a party to the action.

(c) (1) Except as provided in subsection (b)(2)(iii) of this section, at least 45 days before the filing of an action to foreclose a mortgage or deed of trust on residential property, the secured party shall send a written notice of intent to foreclose to the mortgagor or grantor and the record owner.

(2) The notice of intent to foreclose shall be sent:

(i) By certified mail, postage prepaid, return receipt requested, bearing a postmark from the United States Postal Service; and

(ii) By first–class mail.

(3) A copy of the notice of intent to foreclose shall be sent to the Commissioner of Financial Regulation.

(4) The notice of intent to foreclose shall:

(i) Be in the form that the Commissioner of Financial Regulation prescribes by regulation; and

(ii) Contain:

1. The name and telephone number of:

A. The secured party;

B. The mortgage servicer, if applicable; and

C. An agent of the secured party who is authorized to modify the terms of the mortgage loan;

2. The name and license number of the Maryland mortgage lender and mortgage originator, if applicable;

3. The amount required to cure the default and reinstate the loan, including all past due payments, penalties, and fees;

4. A statement recommending that the mortgagor or grantor seek housing counseling services;

5. The telephone number and the Internet address of nonprofit and government resources available to assist mortgagors and grantors facing foreclosure, as identified by the Commissioner of Financial Regulation;

6. An explanation of the Maryland foreclosure process and time line, as prescribed by the Commissioner of Financial Regulation; and

7. Any other information that the Commissioner of Financial Regulation requires by regulation.

(5) For an owner–occupied residential property, the notice of intent to foreclose shall be accompanied by:

(i) A loss mitigation application:

1. For loss mitigation programs that are applicable to the loan secured by the mortgage or deed of trust that is the subject of the foreclosure action; or

2. If the secured party does not have its own loss mitigation application, in the form prescribed by the Commissioner of Financial Regulation;

(ii) Instructions for completing the loss mitigation application and a telephone number to call to confirm receipt of the application;

(iii) A description of the eligibility requirements for the loss mitigation programs offered by the secured party that may be applicable to the loan secured by the mortgage or deed of trust that is the subject of the foreclosure action;

(iv) An envelope addressed to the person responsible for conducting loss mitigation analysis on behalf of the secured party for the loan secured by the mortgage or deed of trust that is the subject of the foreclosure action;

(v) If the secured party offers prefile mediation, a notice in the form that the Commissioner of Financial Regulation prescribes by regulation that states that:

1. The secured party offers prefile mediation;

2. The mortgagor or grantor may elect to participate in prefile mediation;

3. The mortgagor or grantor will not be entitled to postfile mediation if the mortgagor or grantor participates in prefile mediation, except as otherwise provided in a prefile mediation agreement;

4. The mortgagor or grantor is required to participate in housing counseling services as a precondition to prefile mediation; and

5. A fee will be charged for the prefile mediation and the amount of the fee; and

(vi) If the secured party offers prefile mediation, an application to participate in prefile mediation and instructions to complete and submit the application, all in the form that the Commissioner of Financial Regulation prescribes by regulation.

(6) For a property that is not an owner–occupied residential property, the notice of intent to foreclose shall be accompanied by:

(i) A written notice of the determination that the property is not owner–occupied residential property; and

(ii) A telephone number to call to contest that determination.

(d) (1) For owner–occupied residential property, a secured party may offer to participate in prefile mediation with a mortgagor or grantor to whom the secured party has delivered a notice of intent to foreclose.

(2) If offered by a secured party, a mortgagor or grantor may elect to participate in prefile mediation.

(3) If a mortgagor or grantor elects to participate in prefile mediation, the mortgagor or grantor shall notify the secured party by submitting the application described in subsection (c)(5)(vi) of this section not more than 25 days after the date on which the notice of intent to foreclose is mailed by the secured party.

(4) (i) As a precondition to prefile mediation, a mortgagor or grantor shall participate in housing counseling services.

(ii) The Department of Housing and Community Development shall prescribe the timing and form of certification of participation in housing counseling services.

(5) If a mortgagor or grantor submits an application to participate in prefile mediation to the secured party in accordance with paragraph (3) of this subsection, the secured party shall notify the Office of Administrative Hearings not more than 5 business days after the date on which the secured party receives the application.

(6) The Office of Administrative Hearings shall:

(i) Schedule a prefile mediation session not more than 60 days after the day on which it receives notice by a secured party of an election to participate in prefile mediation; and

(ii) Notify the parties and their attorneys, if any, of the date of the prefile mediation session.

(7) By regulation, the Commissioner of Financial Regulation shall:

(i) Establish the fee for prefile mediation; and

(ii) Prescribe the form and content of the notice about prefile mediation, the application to participate in prefile mediation, and instructions to complete the application.

(8) (i) Notwithstanding subsection (b)(1) of this section, if the secured party and grantor or mortgagor elect to participate in prefile mediation, an order to docket or complaint to foreclose may not be filed until the completion of prefile mediation in accordance with this section.

(ii) The date that prefile mediation is completed is the date that the Office of Administrative Hearings issues the report describing the results of the prefile mediation.

(9) The fee for prefile mediation collected under this subsection shall be distributed to the Housing Counseling and Foreclosure Mediation Fund established under § 4–507 of the Housing and Community Development Article.

(10) By regulation, the Commissioner of Financial Regulation shall establish a mediation checklist that describes the matters that shall be reviewed and considered in a prefile mediation.

(11) (i) At the commencement of a prefile mediation session, each party shall review the mediation checklist.

(ii) The mediator shall mark each item on the mediation checklist as the item is addressed at the prefile mediation session.

(iii) At the conclusion of a prefile mediation session, each party shall sign the mediation checklist.

(12) If the prefile mediation results in an agreement, the parties shall execute a prefile mediation agreement.

(13) In addition to describing the terms of the agreement among the parties, the prefile mediation agreement shall, in 14 point, bold font:

(i) Designate the person and address to whom the mortgagor or grantor may provide notice of a change of financial circumstances; and

(ii) State that the mortgagor or grantor is not entitled to postfile mediation unless otherwise agreed by the parties.

(14) The Office of Administrative Hearings shall draft the prefile mediation agreement and provide a copy of the executed agreement to the parties and their attorneys, if any.

(15) The Office of Administrative Hearings shall provide a report of results of mediation to the parties and their attorneys, if any.

(16) If a mortgagor or grantor notifies the person designated under paragraph (13) of this subsection of a change of financial circumstances, the designee shall:

(i) Determine whether the change of financial circumstances shall alter the mediation agreement or outcome of the prefile mediation; and

(ii) Notify the mortgagor or grantor of the determination by first–class mail before any additional action is taken with respect to foreclosure.

(17) (i) The parties to the prefile mediation agreement may execute an amended prefile mediation agreement based on a material change of financial circumstances of the mortgagor or grantor.

(ii) The secured party shall provide a copy of the executed amended agreement to the mortgagor or grantor.

(18) To the extent that a notice of intent to foreclose complies with this section and otherwise is valid under the law, a notice of intent to foreclose issued with respect to a property that has been the subject of prefile mediation continues to be valid for 1 year after the date on which the initial prefile mediation agreement is executed by the parties.

(19) Nothing in this subsection shall prohibit a secured party and mortgagor or grantor from engaging in loss mitigation by other means.

(e) An order to docket or a complaint to foreclose a mortgage or deed of trust on residential property shall:

(1) Include:

(i) If applicable, the license number of:

1. The mortgage originator; and

2. The mortgage lender; and

(ii) An affidavit stating:

1. The date on which the default occurred and the nature of the default; and

2. If applicable, that:

A. A notice of intent to foreclose was sent to the mortgagor or grantor in accordance with subsection (c) of this section and the date on which the notice was sent; and

B. At the time the notice of intent to foreclose was sent, the contents of the notice of intent to foreclose were accurate; and

(2) Be accompanied by:

(i) The original or a certified copy of the mortgage or deed of trust;

(ii) A statement of the debt remaining due and payable supported by an affidavit of the plaintiff or the secured party or the agent or attorney of the plaintiff or secured party;

(iii) A copy of the debt instrument accompanied by an affidavit certifying ownership of the debt instrument;

(iv) If applicable, the original or a certified copy of the assignment of the mortgage for purposes of foreclosure or the deed of appointment of a substitute trustee;

(v) If any defendant is an individual, an affidavit that is in compliance with § 521 of the Servicemembers Civil Relief Act, 50 U.S.C. App. § 501 et seq.;

(vi) If applicable, a copy of the notice of intent to foreclose;

(vii) If the secured party and mortgagor or grantor have elected to participate in prefile mediation, the report of the prefile mediation issued by the Office of Administrative Hearings;

(viii) If the secured party and the mortgagor or grantor have not elected to participate in prefile mediation, a statement that the parties have not elected to participate in prefile mediation;

(ix) In addition to any other filing fees required by law, a filing fee in the amount of $450; and

(x) 1. If the loss mitigation analysis has been completed subject to subsection (g) of this section, a final loss mitigation affidavit in the form prescribed by regulation adopted by the Commissioner of Financial Regulation; and

2. If the loss mitigation analysis has not been completed, a preliminary loss mitigation affidavit in the form prescribed by regulation adopted by the Commissioner of Financial Regulation.

(f) Notwithstanding any other law, the court may not accept a lost note affidavit in lieu of a copy of the debt instrument required under subsection (e)(2)(iii) of this section, unless the affidavit:

(1) Identifies the owner of the debt instrument and states from whom and the date on which the owner acquired ownership;

(2) States why a copy of the debt instrument cannot be produced; and

(3) Describes the good faith efforts made to produce a copy of the debt instrument.

(g) Only for purposes of a final loss mitigation affidavit that is filed with an order to docket or complaint to foreclose, a loss mitigation analysis is not considered complete if the reason for the denial or determination of ineligibility is due to the inability of the secured party to:

(1) Establish communication with the mortgagor or grantor; or

(2) Obtain all documentation and information necessary to conduct the loss mitigation analysis.

(h) (1) A copy of the order to docket or complaint to foreclose on residential property and all other papers filed with it in the form and sequence as prescribed by regulations adopted by the Commissioner of Financial Regulation, accompanied by the documents required under paragraphs (2), (3), and (4) of this subsection, shall be served on the mortgagor or grantor by:

(i) Personal delivery of the papers to the mortgagor or grantor; or

(ii) Leaving the papers with a resident of suitable age and discretion at the mortgagor’s or grantor’s dwelling house or usual place of abode.

(2) The service of documents under paragraph (1) of this subsection shall be accompanied by a separate, clearly marked notice, in the form prescribed by regulation adopted by the Commissioner of Financial Regulation, that states:

(i) The significance of the order to docket or a complaint to foreclose;

(ii) The options for the mortgagor or grantor to take, including housing counseling services and financial assistance resources the mortgagor or grantor may consult; and

(iii) In the case of a mortgagor or grantor who has participated in prefile mediation, that the mortgagor or grantor is not entitled to postfile mediation except as otherwise provided in the prefile mediation agreement.

(3) If the order to docket or complaint to foreclose is accompanied by a preliminary loss mitigation affidavit, the service of documents under paragraph (1) of this subsection shall be accompanied by a loss mitigation application form and any other supporting documents as prescribed by regulation adopted by the Commissioner of Financial Regulation.

(4) (i) Except as provided in subparagraph (ii) of this paragraph, if the order to docket or complaint to foreclose is accompanied by a final loss mitigation affidavit and concerns owner–occupied residential property, the service of documents under paragraph (1) of this subsection shall be accompanied by a request for postfile mediation form and any other supporting documents as prescribed by regulation adopted by the Commissioner of Financial Regulation.

(ii) The order to docket or complaint to foreclose may exclude the request for postfile mediation form if:

1. The mortgagor or grantor has participated in prefile mediation and the prefile mediation agreement does not give the mortgagor or grantor the right to participate in postfile mediation; or

2. The property subject to the mortgage or deed of trust is not owner–occupied.

(5) If at least two good faith efforts to serve the mortgagor or grantor under paragraph (1) of this subsection on different days have not succeeded, the plaintiff may effect service by:

(i) Filing an affidavit with the court describing the good faith efforts to serve the mortgagor or grantor; and

(ii) 1. Mailing a copy of all the documents required to be served under paragraph (1) of this subsection by certified mail, return receipt requested, and first–class mail to the mortgagor’s or grantor’s last known address and, if different, to the address of the residential property subject to the mortgage or deed of trust; and

2. Posting a copy of all the documents required to be served under paragraph (1) of this subsection in a conspicuous place on the residential property subject to the mortgage or deed of trust.

(6) The individual making service of documents under this subsection shall file proof of service with the court in accordance with the Maryland Rules.

(i) (1) If the order to docket or complaint to foreclose is accompanied by a preliminary loss mitigation affidavit, the secured party, at least 30 days before the date of a foreclosure sale, shall:

(i) File with the court a final loss mitigation affidavit in the form prescribed by regulation adopted by the Commissioner of Financial Regulation; and

(ii) Send to the mortgagor or grantor by first class and by certified mail:

1. A copy of the final loss mitigation affidavit; and

2. A request for postfile mediation form and supporting documents as provided under subsection (h)(4) of this section.

(2) A final loss mitigation affidavit shall be filed under this subsection no earlier than 28 days after the order to docket or complaint to foreclose is served on the mortgagor or grantor.

(j) (1) (i) This paragraph applies to a mortgagor or grantor who:

1. Has not participated in prefile mediation; or

2. Has participated in prefile mediation that resulted in a prefile mediation agreement that gives the mortgagor or grantor the right to participate in postfile mediation.

(ii) In a foreclosure action on owner–occupied residential property, the mortgagor or grantor may file with the court a completed request for postfile mediation not later than:

1. If the final loss mitigation affidavit was delivered along with service of the copy of the order to docket or complaint to foreclose under subsection (h) of this section, 25 days after that service on the mortgagor or grantor; or

2. If the final loss mitigation affidavit was mailed as provided in subsection (i) of this section, 25 days after the mailing of the final loss mitigation affidavit.

(iii) 1. A request for postfile mediation shall be accompanied by a filing fee of $50.

2. The court may reduce or waive the filing fee under subsubparagraph 1 of this subparagraph if the mortgagor or grantor is eligible for a reduction or waiver under the Maryland Legal Services guidelines.

(iv) The mortgagor or grantor shall mail a copy of the request for postfile mediation to the secured party’s foreclosure attorney.

(2) (i) The secured party may file a motion to strike the request for postfile mediation in accordance with the Maryland Rules.

(ii) The motion to strike must be accompanied by an affidavit that sets forth the reasons why postfile mediation is not appropriate.

(iii) The secured party shall mail a copy of the motion to strike and the accompanying affidavit to the mortgagor or grantor.

(iv) There is a presumption that a mortgagor or grantor is entitled to postfile mediation with respect to owner–occupied residential property unless:

1. Good cause is shown why postfile mediation is not appropriate; or

2. The mortgagor or grantor participated in prefile mediation and the prefile mediation agreement does not give the mortgagor or grantor the right to participate in postfile mediation.

(3) (i) The mortgagor or grantor may file a response to the motion to strike within 15 days.

(ii) The mortgagor or grantor shall mail a copy of the response to the foreclosure attorney.

(iii) If the court grants the motion to strike, the court shall instruct the Office of Administrative Hearings to cancel any scheduled postfile mediation.

(k) (1) Within 5 days after receipt of a request for postfile mediation, the court shall transmit the request to the Office of Administrative Hearings for scheduling.

(2) (i) Within 60 days after transmittal of the request for foreclosure mediation, the Office of Administrative Hearings shall conduct a foreclosure mediation.

(ii) For good cause, the Office of Administrative Hearings may extend the time for completing the foreclosure mediation for a period not exceeding 30 days or, if all parties agree, for a longer period of time.

(3) The Office of Administrative Hearings shall send notice of the scheduled foreclosure mediation to the foreclosure attorney, the secured party, and the mortgagor or grantor.

(4) The notice from the Office of Administrative Hearings shall:

(i) Include instructions regarding the documents and information, as required by regulations adopted by the Commissioner of Financial Regulation, that must be provided by each party to the other party and to the mediator; and

(ii) Require the information and documents to be provided no later than 20 days before the scheduled date of the foreclosure mediation.

(l) (1) (i) By regulation, the Commissioner of Financial Regulation shall establish a mediation checklist that describes the matters that shall be reviewed and considered in a postfile mediation.

(ii) At the commencement of a postfile mediation session, each party shall review the mediation checklist.

(iii) The mediator shall mark each item on the mediation checklist as the item is addressed at the postfile mediation session.

(iv) At the conclusion of a postfile mediation session, each party shall sign the mediation checklist.

(2) At a foreclosure mediation:

(i) The mortgagor or grantor shall be present;

(ii) The mortgagor or grantor may be accompanied by a housing counselor and may have legal representation;

(iii) The secured party, or a representative of the secured party, shall be present; and

(iv) Any representative of the secured party must have the authority to settle the matter or be able to readily contact a person with authority to settle the matter.

(3) At the foreclosure mediation, the parties and the mediator shall address loss mitigation programs that may be applicable to the loan secured by the mortgage or deed of trust that is the subject of the foreclosure action.

(4) The Office of Administrative Hearings shall file a report with the court that states the outcome of the request for foreclosure mediation within the earlier of:

(i) 7 days after a foreclosure mediation is held; or

(ii) The end of the 60–day mediation period specified in subsection (k)(2) of this section, plus any extension granted by the Office of Administrative Hearings.

(5) Except for a request for postponement or a failure to appear, the rules of procedure for contested cases of the Office of Administrative Hearings do not govern a foreclosure mediation conducted by the Office.

(m) (1) If the parties do not reach an agreement at the postfile mediation, or the 60–day mediation period expires without an extension granted by the Office of Administrative Hearings, the foreclosure attorney may schedule the foreclosure sale.

(2) (i) In the case of postfile mediation, subject to subparagraphs (ii) and (iii) of this paragraph, the mortgagor or grantor may file a motion to stay the foreclosure sale.

(ii) A motion to stay under this paragraph shall be filed within 15 days after:

1. The date the postfile mediation is held; or

2. If no postfile mediation is held, the date the Office of Administrative Hearings files its report with the court.

(iii) A motion to stay under this paragraph must allege specific reasons why loss mitigation should have been granted.

(3) Nothing in this subtitle precludes the mortgagor or grantor from pursuing any other remedy or legal defense available to the mortgagor or grantor.

(n) A foreclosure sale of residential property may not occur until:

(1) If the residential property is not owner–occupied residential property, at least 45 days after service of process is made under subsection (h) of this section;

(2) If the residential property is owner–occupied residential property and foreclosure mediation is not held, the later of:

(i) At least 45 days after service of process that includes a final loss mitigation affidavit made under subsection (h) of this section; or

(ii) At least 30 days after a final loss mitigation affidavit is mailed under subsection (i) of this section; and

(3) If the residential property is owner–occupied residential property and postfile mediation is requested, at least 15 days after:

(i) The date the postfile mediation is held; or

(ii) If no postfile mediation is held, the date the Office of Administrative Hearings files its report with the court.

(n–1) (1) If a certified community development financial institution makes an offer to a secured party to purchase owner–occupied residential property for the purpose of transferring the property to the immediately preceding mortgagor or grantor, no person may require, as a condition of a sale or transfer of the property to the certified community development financial institution, any affidavit, statement, agreement, or addendum that limits ownership or occupancy of the property by the immediately preceding mortgagor or grantor.

(2) Any affidavit, statement, agreement, or addendum that limits ownership or occupancy of owner–occupied residential property by the immediately preceding mortgagor or grantor:

(i) May not serve as a basis to avoid a sale or transfer of the property to a certified community development financial institution; and

(ii) Is unenforceable against any person named in the affidavit, statement, agreement, or addendum.

(o) Notice of the time, place, and terms of a foreclosure sale shall be published in a newspaper of general circulation in the county where the action is pending at least once a week for 3 successive weeks, the first publication to be not less than 15 days before the sale and the last publication to be not more than 1 week before the sale.

(p) (1) The mortgagor or grantor of residential property has the right to cure the default by paying all past due payments, penalties, and fees and reinstate the loan at any time up to 1 business day before the foreclosure sale occurs.

(2) The secured party or an authorized agent of the secured party shall, on request, provide to the mortgagor or grantor or the mortgagor’s or grantor’s attorney within a reasonable time the amount necessary to cure the default and reinstate the loan and instructions for delivering the payment.

(q) An action for failure to comply with the provisions of this section shall be brought within 3 years after the date of the order ratifying the sale.

(r) Revenue collected from the filing fees required under subsections (e)(2)(ix) and (j)(1)(iii) of this section shall be distributed to the Housing Counseling and Foreclosure Mediation Fund established under § 4–507 of the Housing and Community Development Article.

(s) The Commissioner of Financial Regulation may adopt additional regulations necessary to carry out the requirements of this section.