reglab/housing_qa huggingface dataset:
MD. State Government Code Ann. §  11-404 (2021)
2021 Maryland Statutes|State Government|Title 11 - Consolidated Procedures for Development Permits|Subtitle 4 - Submission of Development Permit; State Master Application Form|Section 11-404 - Appendices to Form

    (a)    Each State unit that has authority to issue a development permit shall help the Coordinator to develop an appendix to the State master application form designed to supplement the information on the form and provide the particular information that the State unit needs to issue its development permit.    (b)    The form of the appendices shall be as similar as possible.
MD. State Government Code Ann. §  12-102 (2021)
2021 Maryland Statutes|State Government|Title 12 - Immunity and Liability|Subtitle 1 - Maryland Tort Claims Act|Section 12-102 - Construction of Subtitle

    This subtitle shall be construed broadly, to ensure that injured parties have a remedy.
MD. State Government Code Ann. §  12-103 (2021)
2021 Maryland Statutes|State Government|Title 12 - Immunity and Liability|Subtitle 1 - Maryland Tort Claims Act|Section 12-103 - Scope of Subtitle

    This subtitle does not:         (1)    limit any other law that:            (i)    waives the sovereign immunity of the State or the units of the State government in tort; or            (ii)    authorizes the State or its units to have insurance for tortious conduct;        (2)    waive any right or defense of the State or its units, officials, or employees in an action in a court of the United States or any other state, including any defense that is available under the 11th Amendment to the United States Constitution; or        (3)    apply to or waive any immunity of a bicounty unit, county, municipal corporation, or other political subdivision or any unit, official, or employee of any of those agencies or subdivisions.
MD. State Government Code Ann. §  12-103.1 (2021)
2021 Maryland Statutes|State Government|Title 12 - Immunity and Liability|Subtitle 1 - Maryland Tort Claims Act|Section 12-103.1 - Members or Employees of Board of Supervisors of Soil Conservation Districts

    The provisions governing the tort immunity of a member or employee of a board of supervisors of a soil conservation district are found in § 5-517 of the Courts and Judicial Proceedings Article.
MD. State Government Code Ann. §  12-103.2 (2021)
2021 Maryland Statutes|State Government|Title 12 - Immunity and Liability|Subtitle 1 - Maryland Tort Claims Act|Section 12-103.2 - Montgomery County

    (a)    In this section, “tort claim” means a tort claim filed in State court relating to the administration of a State program under Title 3, Subtitle 4 of the Human Services Article by the Montgomery County government.    (b)    (1)    A tort claim shall be considered, defended, settled, and paid in the same manner as any other claim covered by the Montgomery County Self–Insurance Fund.        (2)    Under this section, whenever Montgomery County administers a State program under Title 3, Subtitle 4 of the Human Services Article, Montgomery County acts as a unit of the State, and any tort claim shall name the State of Maryland as the proper defendant.    (c)    Liability for a tort claim may not exceed the insurance coverage granted to units of State government under Title 9 of the State Finance and Procurement Article.    (d)    (1)    The State Treasurer is not liable under § 9–107(c) of the State Finance and Procurement Article for a tort claim.        (2)    For tort claims, the duties, responsibilities, and liabilities of the Treasurer under this subtitle shall be assumed by the Montgomery County Self–Insurance Fund with damages limited in accordance with subsection (c) of this section.
MD. State Government Code Ann. §  12-104 (2021)
2021 Maryland Statutes|State Government|Title 12 - Immunity and Liability|Subtitle 1 - Maryland Tort Claims Act|Section 12-104 - Waiver of Immunity

    (a)    (1)    Subject to the exclusions and limitations in this subtitle and notwithstanding any other provision of law, the immunity of the State and of its units is waived as to a tort action, in a court of the State, to the extent provided under paragraph (2) of this subsection.        (2)    The liability of the State and its units may not exceed $400,000 to a single claimant for injuries arising from a single incident or occurrence.    (b)    Immunity is not waived under this section as described under § 5–522(a) of the Courts and Judicial Proceedings Article.    (c)    (1)    The Treasurer may pay from the State Insurance Trust Fund all or part of that portion of a tort claim which exceeds the limitation on liability established under subsection (a)(2) of this section under the following conditions:            (i)    the tort claim is one for which the State and its units have waived immunity under subsections (a) and (b) of this section;            (ii)    a judgment or settlement has been entered granting the claimant damages to the full amount established under subsection (a)(2) of this section; and            (iii)    the Board of Public Works, with the advice and counsel of the Attorney General, has approved the payment.        (2)    Any payment of part of a settlement or judgment under this subsection does not abrogate the sovereign immunity of the State or any units beyond the waiver provided in subsections (a) and (b) of this section.
MD. State Government Code Ann. §  12-105 (2021)
2021 Maryland Statutes|State Government|Title 12 - Immunity and Liability|Subtitle 1 - Maryland Tort Claims Act|Section 12-105 - Immunity of State Personnel

    State personnel shall have the immunity from liability described under § 5-522(b) of the Courts and Judicial Proceedings Article.
MD. State Government Code Ann. §  12-106 (2021)
2021 Maryland Statutes|State Government|Title 12 - Immunity and Liability|Subtitle 1 - Maryland Tort Claims Act|Section 12-106 - Restrictions on Actions

    (a)    This section does not apply to a claim that is:        (1)    asserted by cross–claim, counterclaim, or third–party claim; or        (2)    brought under § 5–117 of the Courts Article.    (b)    Except as provided in subsection (c) of this section, a claimant may not institute an action under this subtitle unless:        (1)    the claimant submits a written claim to the Treasurer or a designee of the Treasurer within 1 year after the injury to person or property that is the basis of the claim;        (2)    the Treasurer or designee denies the claim finally; and        (3)    the action is filed within 3 years after the cause of action arises.    (c)    (1)    If a claimant fails to submit a written claim in accordance with subsection (b)(1) of this section, on motion by a claimant and for good cause shown, the court may entertain an action under this subtitle unless the State can affirmatively show that its defense has been prejudiced by the claimant’s failure to submit the claim.        (2)    Subsection (b)(1) and (2) of this section does not apply if, within 1 year after the injury to person or property that is the basis of the claim, the State has actual or constructive notice of:            (i)    the claimant’s injury; or            (ii)    the defect or circumstances giving rise to the claimant’s injury.
MD. State Government Code Ann. §  12-107 (2021)
2021 Maryland Statutes|State Government|Title 12 - Immunity and Liability|Subtitle 1 - Maryland Tort Claims Act|Section 12-107 - Claims

    (a)    A claim under this subtitle shall:        (1)    contain a concise statement of facts that sets forth the nature of the claim, including the date and place of the alleged tort;        (2)    demand specific damages;        (3)    state the name and address of each party;        (4)    state the name, address, and telephone number of counsel for the claimant, if any; and        (5)    be signed by the claimant, or the legal representative or counsel for the claimant.    (b)    The Treasurer may:        (1)    consider a claim for money damages under this subtitle or delegate wholly or partly this responsibility to other State personnel; and        (2)    contract for any support services that are needed to carry out this responsibility properly.    (c)    (1)    In this section, “structured settlement” means a plan for the payment of a settlement or judgment to a claimant for damages in periodic installments.        (2)    Unless a contract with a private insurer provides otherwise, the Treasurer or designee may compromise and settle a claim for money damages after the Treasurer or designee consults with the Attorney General.        (3)    The State may enter into a structured settlement to the extent permitted in § 12-104(a)(2) of this subtitle.        (4)    If a structured settlement is entered into, the State and the claimant shall select the investment company by mutual agreement.        (5)    The acceptance of a settlement by a claimant is, as to that claimant:            (i)    final; and            (ii)    a complete release of each claim arising from the same cause of action against:                1.    the State;                2.    each of its units; and                3.    all State personnel.    (d)    A claim under this subtitle is denied finally:        (1)    if, by certified mail, return receipt requested, under a postmark of the United States Postal Service, the Treasurer or designee sends the claimant, or the legal representative or counsel for the claimant written notice of denial; or        (2)    if the Treasurer or designee fails to give notice of a final decision within 6 months after the filing of the claim.
MD. State Government Code Ann. §  12-108 (2021)
2021 Maryland Statutes|State Government|Title 12 - Immunity and Liability|Subtitle 1 - Maryland Tort Claims Act|Section 12-108 - Actions

    (a)    In an action under this subtitle, service of the complaint and accompanying documents is sufficient only if made on the Treasurer.    (b)    Unless full representation is provided under a contract of insurance, the Attorney General shall defend an action under this subtitle against the State or any of its units.
MD. State Government Code Ann. §  12-109 (2021)
2021 Maryland Statutes|State Government|Title 12 - Immunity and Liability|Subtitle 1 - Maryland Tort Claims Act|Section 12-109 - Counsel Fees

    Counsel may not charge or receive fees that exceed:         (1)    20% of a settlement made under this subtitle; or        (2)    25% of a judgment made under this subtitle.
MD. State Government Code Ann. §  12-110 (2021)
2021 Maryland Statutes|State Government|Title 12 - Immunity and Liability|Subtitle 1 - Maryland Tort Claims Act|Section 12-110 - Short Title

    This subtitle may be cited as the “Maryland Tort Claims Act”.
MD. State Government Code Ann. §  12-201 (2021)
2021 Maryland Statutes|State Government|Title 12 - Immunity and Liability|Subtitle 2 - Actions in Contract|Section 12-201 - Sovereign Immunity Defense Barred

    (a)    Except as otherwise expressly provided by a law of the State, the State, its officers, and its units may not raise the defense of sovereign immunity in a contract action, in a court of the State, based on a written contract that an official or employee executed for the State or 1 of its units while the official or employee was acting within the scope of the authority of the official or employee.    (b)    In an action under this subtitle, the State and its officers and units shall have the immunity from liability described under § 5-522(d) of the Courts and Judicial Proceedings Article.
MD. State Government Code Ann. §  12-202 (2021)
2021 Maryland Statutes|State Government|Title 12 - Immunity and Liability|Subtitle 2 - Actions in Contract|Section 12-202 - Limitation on Claims

    A claim under this subtitle is barred unless the claimant files suit within 1 year after the later of:         (1)    the date on which the claim arose; or        (2)    the completion of the contract that gives rise to the claim.
MD. State Government Code Ann. §  12-203 (2021)
2021 Maryland Statutes|State Government|Title 12 - Immunity and Liability|Subtitle 2 - Actions in Contract|Section 12-203 - Budget Request to Satisfy Judgments

    Except as provided in Title 5 of the Education Article, to carry out this subtitle, the Governor shall include in the budget bill money that is adequate to satisfy a final judgment that, after the exhaustion of the rights of appeal, is rendered against the State or any of its officers or units.
MD. State Government Code Ann. §  12-204 (2021)
2021 Maryland Statutes|State Government|Title 12 - Immunity and Liability|Subtitle 2 - Actions in Contract|Section 12-204 - Applicability to Contracts of Legislative or Judicial Branch of State Government

    This subtitle does not apply to a contract of the Legislative or Judicial Branch of State government, or any of their agencies, officers, or units.
MD. State Government Code Ann. §  12-401 (2021)
2021 Maryland Statutes|State Government|Title 12 - Immunity and Liability|Subtitle 4 - Payment of Settlements and Judgments|Section 12-401 - "State Personnel" Defined

    In this subtitle, “State personnel” means:        (1)    a regular employee of the State whose compensation:            (i)    is provided by a State appropriation; or            (ii)    is paid wholly or partly from State funds;        (2)    an employee who is under the jurisdiction of the Department of Budget and Management;        (3)    an officer, warrant officer, or enlisted member of the organized militia;        (4)    an employee of the Maryland Port Administration, as described in § 6–204(n) of the Transportation Article;        (5)    a member or employee of a board of trustees for a community college;        (6)    except in Montgomery County, an employee of a county health department;        (7)    a member or employee of the Baltimore City Board of School Commissioners or of a county board of education;        (8)    a member of the Board of Visitors of the Maryland School for the Deaf;        (9)    a member or employee of a board of supervisors for a soil conservation district;        (10)    a person who, as a volunteer, is providing a service to or for the State;        (11)    a person who, for or under contract with a unit of the State or a local government, performs an emergency service during a state of emergency under Title 14 of the Public Safety Article;        (12)    any other individual who, with or without compensation, holds a position that requires the exercise of discretion and of a part of the sovereignty of the State;        (13)    any other State officer or State employee; and        (14)    a Montgomery County employee who administers a State program under Title 3, Subtitle 4 of the Human Services Article.
MD. State Government Code Ann. §  12-402 (2021)
2021 Maryland Statutes|State Government|Title 12 - Immunity and Liability|Subtitle 4 - Payment of Settlements and Judgments|Section 12-402 - Legislative Findings

    The General Assembly finds that:         (1)    the State is a unique body because:            (i)    the State is a sovereign political body that the people have established directly for the sole purpose of providing for their government; and            (ii)    the revenue of the State derives principally from taxes on the people, rather than from commercial enterprise;        (2)    State personnel who are acting within the scope of public duties and responsibilities are carrying out a governmental program under law and, thus, are discharging a part of the purpose and sovereignty of the State;        (3)    decisions of courts throughout the United States have created new grounds for personal liability of a public officer or public employee who is discharging a public duty;        (4)    those decisions have resulted in:            (i)    increased difficulties in recruiting or retaining qualified individuals for public positions that involve the exercise of discretion or dealing with the general public; and            (ii)    increased difficulties and expense in protecting these individuals through public, liability insurance; and        (5)    as a matter of State policy, it is essential to protect from liability State personnel who are acting within the scope of public duties and responsibilities and without malice or gross negligence.
MD. State Government Code Ann. §  12-403 (2021)
2021 Maryland Statutes|State Government|Title 12 - Immunity and Liability|Subtitle 4 - Payment of Settlements and Judgments|Section 12-403 - Scope of Subtitle

    (a)    This subtitle does not affect any immunity or other defense that is available to State personnel or the State.    (b)    Payment of a settlement or judgment under this subtitle does not abrogate the sovereign immunity of the State, any of its units, or State personnel.
MD. State Government Code Ann. §  12-404 (2021)
2021 Maryland Statutes|State Government|Title 12 - Immunity and Liability|Subtitle 4 - Payment of Settlements and Judgments|Section 12-404 - Payment Authorized

    Subject to the limitations in this subtitle, the Board of Public Works may:         (1)    pay wholly or partly a settlement or judgment against the State or any State personnel; and        (2)    include, in the payment, counsel fees and costs.
MD. State Government Code Ann. §  12-405 (2021)
2021 Maryland Statutes|State Government|Title 12 - Immunity and Liability|Subtitle 4 - Payment of Settlements and Judgments|Section 12-405 - Limitations

    (a)    The application requirements enumerated in subsection (b)(5) of this section do not apply to claims relating to:        (1)    courthouse security;        (2)    service of process;        (3)    the transportation of inmates to or from court proceedings;        (4)    personnel and other administrative activities;        (5)    activities, including activities relating to law enforcement functions, arising under a multijurisdictional agreement under the supervision and direction of the Maryland State Police or other State agency; or        (6)    any other activities, except for activities relating to performing law enforcement functions or detention center functions.     (b)    The Board of Public Works may not pay a settlement or judgment against State personnel unless:        (1)    the State personnel submits to the Board a written application that sets forth each reason of the State personnel for believing the settlement or judgment is a responsibility of the State;        (2)    the Board or a hearing officer that the Board appoints holds a hearing on the application;        (3)    as to a judgment, it was rendered by a court of competent jurisdiction;        (4)    as to an applicant for whom the Attorney General appeared under Subtitle 3 of this title, the Attorney General files a written report and recommendation;        (5)    as to an application on behalf of a sheriff or deputy sheriff of a county or Baltimore City for any claim:            (i)    with respect to any settlement, the county solicitor or county attorney files a written report and recommendation and the Attorney General files a written report and recommendation; or            (ii)    with respect to any judgment, the Attorney General files a written report and recommendation;        (6)    on the bases of the hearing and any report and recommendation, the Board finds that:            (i)    when the act or omission was made, the applicant was performing a duty within the scope of the employment of the applicant;            (ii)    the act or omission was not malicious; and            (iii)    the act or omission was not grossly negligent; and        (7)    if there is any question whether the applicant is State personnel for purposes of this subtitle, the Board finds that, regardless of the method, source, or amount of compensation, the applicant is State personnel.
MD. State Government Code Ann. §  12-406 (2021)
2021 Maryland Statutes|State Government|Title 12 - Immunity and Liability|Subtitle 4 - Payment of Settlements and Judgments|Section 12-406 - Applicability of Subtitle 5

    Payments under this subtitle shall be made in accordance with the provisions of Subtitle 5 of this title.
MD. State Government Code Ann. §  12-501 (2021)
2021 Maryland Statutes|State Government|Title 12 - Immunity and Liability|Subtitle 5 - Duties of Board of Public Works|Section 12-501 - Duties of Board of Public Works Regarding Payments

    (a)    (1)    The Board of Public Works may approve payment of a settlement, a judgment, or counsel fees under Subtitles 3 and 4 of this title with or without a hearing, and direct payment from:            (i)    money appropriated for that purpose in the State budget;            (ii)    money appropriated to the State Insurance Trust Fund for that purpose; or            (iii)    the General Emergency Fund.        (2)    The Board of Public Works may approve payment of a settlement, a judgment, or counsel fees under Subtitles 3 and 4 of this title with or without a hearing, and direct payment from any tax which has been appropriated in the State budget to the subdivision represented by the sheriff or deputy sheriff on whose behalf the payment is to be made, or direct payment from the subdivision’s share of any income tax collected by the State Comptroller, in connection with any settlement or judgment paid on behalf of any sheriff or deputy sheriff for any claim except those claims relating to:            (i)    courthouse security;            (ii)    transportation of prisoners;            (iii)    service of process;            (iv)    personnel and other administrative activities;            (v)    activities, including activities relating to performing law enforcement functions, arising under multijurisdictional agreements under the supervision and direction of the Maryland State Police or other State agency; or            (vi)    any other activities, except activities relating to performing law enforcement functions or detention center functions.        (3)    The Board may direct that payment be made in lump sum or in installments.        (4)    If the Board disapproves payment in whole or in part, the Board shall state in writing its reasons for disapproval.        (5)    Decisions under this title are not subject to judicial review.        (6)    Nothing in this section shall be construed as a waiver of sovereign immunity of the State, any of its units, or State personnel.        (7)    If the Board directs payment under paragraph (2) of this subsection, such payment shall be collected in the manner provided by § 7-222 of the State Finance and Procurement Article.    (b)    The Board of Public Works may delegate to affected units, in consultation with the Attorney General, authority to pay, from the funds of that unit available for the purpose, settlements, judgments, and counsel fees that do not exceed $10,000 in a particular case.