reglab/housing_qa huggingface dataset:
MD. Human Services Code Ann. §  10-474 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VIII - Delinquency Proceedings|Section 10-474 - Immunity From Liability

    The Secretary, deputy secretary, special deputy secretary, or any person acting as receiver in a rehabilitation, liquidation, or conservation of a provider as a result of a court order shall have the same immunity from liability that the Maryland Insurance Commissioner, deputy commissioner, special deputy commissioner, or any person acting as receiver in a rehabilitation, liquidation, or conservation of an insurer would have under § 5-410 of the Courts Article.
MD. Human Services Code Ann. §  10-475 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VIII - Delinquency Proceedings|Section 10-475 - Fees and Costs

    (a)    (1)    This subsection applies even if a paper or instrument is not:            (i)    executed by the Secretary or a deputy, employee, or attorney of record of the Secretary; and            (ii)    connected with the commencement of an action or proceeding by or against the Secretary or with the subsequent conduct of the action or proceeding.        (2)    Subject to subsection (b) of this section, the Secretary may not be required to pay to a public officer in the State a fee for filing, recording, or issuing a transcript or certificate or for authenticating a paper or instrument that relates to the exercise by the Secretary of a power or duty of the Secretary under this subtitle.    (b)    (1)    The Secretary or deputy secretary, when acting as receiver or ancillary receiver under this subtitle, shall pay all court costs out of the assets of the provider before any distribution to creditors or termination of rehabilitation.        (2)    In all cases, court costs and those specified in subsection (a) of this section shall:            (i)    be charged in the accounts of the Secretary to the court; or            (ii)    be paid by the provider as a condition of termination of the action or proceeding.
MD. Human Services Code Ann. §  10-476 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VIII - Delinquency Proceedings|Section 10-476 - Appointment of Staff

    (a)    (1)    In a delinquency proceeding in which the Secretary has been appointed receiver, the Secretary may:            (i)    appoint one or more special deputy secretaries to act for the Secretary; and            (ii)    employ counsel, clerks, and assistants.        (2)    Compensation of the special deputies, counsel, clerks, and assistants and all expenses of taking possession of the provider and of conducting the delinquency proceeding shall be:            (i)    set by the Secretary, subject to approval by the court; and            (ii)    paid out of the assets or funds of the provider.        (3)    Within the limits of duties imposed on a special deputy concerning a delinquency proceeding, the special deputy:            (i)    has all powers given to the receiver; and            (ii)    in the exercise of those powers, is subject to all the duties imposed on the receiver concerning the delinquency proceeding.    (b)    In a civil proceeding filed against a special deputy secretary appointed under this subtitle, the special deputy secretary is entitled to representation by the Attorney General as specified in Title 12, Subtitle 3, Part II of the State Government Article.
MD. Human Services Code Ann. §  10-477 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VIII - Delinquency Proceedings|Section 10-477 - Jurisdiction and Venue

    (a)    The Circuit Court of Baltimore City:        (1)    has exclusive original jurisdiction over delinquency proceedings; and        (2)    may issue all necessary and proper orders to carry out this subtitle.    (b)    If service is made in accordance with the Maryland Rules or other applicable law, a court with subject matter jurisdiction over an action brought under this subtitle also has jurisdiction over:        (1)    an officer, director, manager, trustee, organizer, promoter, or attorney in fact of a provider against which a delinquency proceeding has been commenced, in an action resulting from or incidental to the person’s relationship with the provider;        (2)    a person that, at the time of or after commencement of the delinquency proceeding, held or was in control of assets in which the receiver claims an interest on behalf of the provider, in an action concerning the assets of the provider; and        (3)    a person obligated to the provider in any way, in an action on or incidental to the obligation.    (c)    The venue of all delinquency proceedings is in Baltimore City.
MD. Human Services Code Ann. §  10-478 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VIII - Delinquency Proceedings|Section 10-478 - Commencement of Delinquency Proceedings

    (a)    The Secretary shall commence a delinquency proceeding against a provider by applying to the court for an order that directs the provider to show cause why the court should not grant the relief requested.    (b)    (1)    The court may consider an application for commencement of a delinquency proceeding only if the application is filed by the Secretary in the name of the State.        (2)    After a hearing under the terms of the show cause order, the court:            (i)    shall grant or deny the application; and            (ii)    may order other relief as the nature of the case and the interests of the creditors, stockholders, members, subscribers, or the public may require.
MD. Human Services Code Ann. §  10-480 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VIII - Delinquency Proceedings|Section 10-480 - Orders to Rehabilitate, Liquidate, or Conserve Providers

    (a)    (1)    An order to rehabilitate a provider shall:            (i)    appoint the Secretary as rehabilitator;            (ii)    direct the Secretary:                1.    to take possession of the property of the provider and conduct the business of the provider under the general supervision of the court; and                2.    to take action the court directs to remove the causes and conditions that have made rehabilitation necessary;            (iii)    vest title to all property of the provider in the rehabilitator; and            (iv)    require the rehabilitator to make accountings to the court that:                1.    are at intervals as the court specifies in its order, but not less frequently than two times each year; and                2.    include the opinion of the rehabilitator about the likelihood of success of the rehabilitation.        (2)    Issuance of an order of rehabilitation:            (i)    does not constitute an anticipatory breach of any contract of the provider; and            (ii)    is not grounds for retroactive revocation or retroactive cancellation of a contract of the provider, unless the rehabilitator revokes or cancels the contract.    (b)    (1)    Subject to paragraph (2) of this subsection, the Secretary, or an interested person on due notice to the Secretary, may apply to the court at any time for an order that:            (i)    terminates a rehabilitation proceeding; and            (ii)    allows the provider to resume possession of its property and the conduct of its business.        (2)    An order under this subsection may not be issued unless, after a hearing, the court determines that the purposes of the rehabilitation proceeding have been fully accomplished.    (c)    (1)    An order to liquidate the business of a provider shall direct the Secretary promptly to:            (i)    take possession of the property of the provider;            (ii)    liquidate the business of the provider;            (iii)    deal with the property and business of the provider in the name of the Secretary or in the name of the provider, as the court directs; and            (iv)    notify each creditor that may have a claim against the provider to present the creditor’s claim.        (2)    The Secretary may apply for, and the court may issue, an order to dissolve the corporate existence of a provider:            (i)    on application of the Secretary for an order to liquidate the provider; or            (ii)    at any time after the court has granted the order of liquidation.    (d)    An order to conserve the assets of a provider shall require the Secretary promptly to take possession of and conserve the property of the provider in the State, subject to further direction by the court.
MD. Human Services Code Ann. §  10-482 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VIII - Delinquency Proceedings|Section 10-482 - Notice to Subscribers of Delinquency Proceeding

    Within 15 days after appointment as receiver or conservator for a provider against which a delinquency proceeding has been commenced, the receiver or conservator shall notify each subscriber of the provider, by letter or other means approved by the court, of the commencement of the delinquency proceeding and of the possibility that the continuing care agreement of the subscriber may be canceled.
MD. Human Services Code Ann. §  10-483 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VIII - Delinquency Proceedings|Section 10-483 - Appeals to Court of Special Appeals

    An appeal may be taken to the Court of Special Appeals from:         (1)    an order that grants or refuses rehabilitation, liquidation, or conservation; and        (2)    any other order in a delinquency proceeding that has the character of a final order as to the particular part of the delinquency proceeding covered by the order.
MD. Human Services Code Ann. §  10-484 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VIII - Delinquency Proceedings|Section 10-484 - Loans and Pledges of Assets

    (a)    To facilitate the rehabilitation, liquidation, conservation, or dissolution of a provider under this subtitle, the Secretary, subject to the approval of the court, may:        (1)    borrow money;        (2)    execute, acknowledge, and deliver notes or other evidences of indebtedness for the loan;        (3)    secure the repayment of the loan by the mortgage, pledge, assignment, or transfer in trust of all or part of the property of the provider; and        (4)    take any other action necessary and proper to consummate the loan and to provide for its repayment.    (b)    The Secretary is not obligated personally or in an official capacity to repay a loan made under this section.
MD. Human Services Code Ann. §  10-485 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VIII - Delinquency Proceedings|Section 10-485 - Administration of Assets

    (a)    Whenever under this subtitle a receiver is to be appointed in a delinquency proceeding for a provider, the court shall:        (1)    appoint the Secretary as receiver; and        (2)    order the Secretary promptly to take possession of the assets of the provider and to administer the assets under the orders of the court.    (b)    Beginning on the date of issuance of an order that directs the Secretary to rehabilitate or liquidate a provider, the Secretary as receiver is vested by operation of law with title to and may take possession of all of the property, contracts, rights of action, books, and records of the provider, wherever located.    (c)    The filing of the order that directs possession to be taken, or a certified copy of the order, in an office where instruments affecting title to property are required to be filed provides the same notice as would be provided by a deed, bill of sale, or other evidence of title that is so filed.    (d)    (1)    The Secretary as receiver shall administer properly all assets that come into the possession or control of the Secretary.        (2)    If considered desirable to protect the assets, the court at any time may require a bond from the Secretary or deputy secretary.        (3)    On taking possession of the assets of a provider and subject to the direction of the court, the Secretary immediately shall:            (i)    conduct the business of the provider; or            (ii)    take action authorized by this subtitle to rehabilitate, liquidate, or conserve the affairs or assets of the provider.
MD. Human Services Code Ann. §  10-486 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VIII - Delinquency Proceedings|Section 10-486 - Attachment or Garnishment of Assets

    (a)    During pendency of a delinquency proceeding for a provider, an attachment, garnishment, execution, or similar action or proceeding may not be commenced or maintained in a court of this State against the provider or its assets.    (b)    A lien obtained or an action or proceeding prohibited by subsection (a) of this section is void as against any rights arising in the delinquency proceeding, if the lien was obtained or the action or proceeding commenced within 4 months before or at any time after commencement of a delinquency proceeding.
MD. Human Services Code Ann. §  10-487 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VIII - Delinquency Proceedings|Section 10-487 - Voidable Transfers

    (a)    A transfer of or lien on the property of a provider is voidable if the transfer or lien is:        (1)    made or created within 4 months before the issuance of a show–cause order under this subtitle;        (2)    made or created with the intent to give a creditor a preference or to enable the creditor to obtain a greater percentage of the debt than another creditor of the same class; and        (3)    accepted by the creditor having reasonable cause to believe that the preference will occur.    (b)    Each director, officer, employee, stockholder, member, subscriber, and any other person acting on behalf of a provider that is concerned in a voidable transfer under subsection (a) of this section and each person that, as a result of the voidable transfer, receives any property of the provider or benefits from the voidable transfer:        (1)    is personally liable; and        (2)    shall account to the Secretary.    (c)    The Secretary as receiver in a delinquency proceeding may:        (1)    avoid a transfer of or lien on the property of a provider that a creditor, stockholder, subscriber, or member of the provider might have avoided; and        (2)    recover the transferred property or its value from the person that received it unless that person was a bona fide holder for value before the date of issuance of a show–cause order under this subtitle.
MD. Human Services Code Ann. §  10-488 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VIII - Delinquency Proceedings|Section 10-488 - Deposits

    (a)    (1)    The Secretary shall deposit money collected in a delinquency proceeding in a State or national bank, savings bank, or trust company.        (2)    Deposits made by the Secretary under paragraph (1) of this subsection have priority of payment equal to any other priority specified by the banking laws of this State if the depository:            (i)    is an institution organized and supervised under the laws of this State; and            (ii)    becomes insolvent or liquidates voluntarily or involuntarily.        (3)    The Secretary may deposit all or part of the money collected in a national bank or trust company as a trust fund.    (b)    To the extent that an investment or account is insured by the Federal Deposit Insurance Corporation, the Secretary may invest in shares of or deposits in a savings and loan association or building and loan association.
MD. Human Services Code Ann. §  10-490 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VIII - Delinquency Proceedings|Section 10-490 - Priority of Claims

    (a)    In this section, “preferred claim” means a claim that is given priority of payment from the general assets of a provider under the laws of the State or the United States.    (b)    (1)    The first $500 of compensation or wages owed to an officer or employee of a provider for services rendered within 3 months before the commencement of a delinquency proceeding against the provider shall be paid before payment of any other debt or claim.        (2)    Subject to paragraph (3) of this subsection, the Secretary may pay the compensation required to be paid under this subsection as soon as practicable after commencement of the delinquency proceeding.        (3)    At all times, the Secretary shall reserve funds that the Secretary believes are sufficient for expenses of administration.        (4)    The priority required under this subsection is instead of any other similar priority that may be authorized by law as to wages or compensation.    (c)    Priority over all other claims in a liquidation proceeding, other than claims for wages specified in subsection (b) of this section, expenses of administration, and taxes, shall be given to claims by subscribers that arise from continuing care agreements with the provider, including claims to the statutory refund required by § 10-448 of this subtitle.    (d)    (1)    The owner of a secured claim against a provider for which a receiver has been appointed in this State or another state may:            (i)    surrender the security and file the claim as a general creditor; or            (ii)    have the claim discharged by resort to the security.        (2)    If the owner of a secured claim has the claim discharged by resort to the security, any deficiency shall be treated as a claim against the general assets of the provider on the same basis as the claims of unsecured creditors.        (3)    The amount of a deficiency is conclusive if adjudicated by a court of competent jurisdiction in a proceeding in which the receiver has been given notice and an opportunity to be heard.        (4)    If the amount of a deficiency is not conclusive, the amount shall be determined in a delinquency proceeding in the State.
MD. Human Services Code Ann. §  10-491 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VIII - Delinquency Proceedings|Section 10-491 - Disposition of Claims

    (a)    (1)    Subject to paragraph (2) of this subsection, contingent and unliquidated claims may not share in a distribution of the assets of a provider that has been adjudicated to be an impaired provider by an order issued under this subtitle.        (2)    If properly presented, a contingent and unliquidated claim shall be considered and may be allowed to share if:            (i)    the claim becomes absolute against the provider on or before the last day for filing claims against the assets of the provider; or            (ii)    there is a surplus and the liquidation is subsequently conducted on the basis that the provider is solvent.    (b)    (1)    Except as provided in paragraph (2) of this subsection, a claim of a person that has a secured claim may not be allowed at a sum greater than the difference between:            (i)    the value of the claim without security; and            (ii)    the value of the security itself on:                1.    the date of issuance of the liquidation order; or                2.    another date set by the court for determining rights and liabilities as provided in subsection (c) of this section.        (2)    If the claimant surrenders the security to the Secretary, the claim shall be allowed in the full amount for which it is valued.    (c)    Subject to the provisions of this subtitle on the rights of claimants holding contingent claims, and unless otherwise directed by the court, the rights and liabilities of a provider and creditors, stockholders, members, subscribers, and other persons interested in the estate of the provider are fixed on the date on which the order that directs the liquidation of the provider is filed in the office of the clerk of the court that issued the order.
MD. Human Services Code Ann. §  10-492 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VIII - Delinquency Proceedings|Section 10-492 - Offsets

    (a)    Except as provided in subsection (b) of this section, in all cases of mutual debts and credits between a provider and another person in connection with a delinquency proceeding, the debts and credits shall be offset and the balance only shall be allowed or paid.    (b)    An offset may not be allowed in favor of another person if:        (1)    on the date of issuance of a liquidation order or otherwise, as specified in § 10-491(c) of this subtitle, the obligation of the provider to the person would not entitle the person to share as a claimant in the assets of the provider; or        (2)    the obligation of the provider to the person was purchased by or transferred to the person for use as an offset.
MD. Human Services Code Ann. §  10-493 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part VIII - Delinquency Proceedings|Section 10-493 - Bankruptcy or Receivership

    If a provider is the subject of a bankruptcy or receivership action, the claims of subscribers shall be administered in accordance with § 10-490(c) of this subtitle for the purpose of any legal action in conjunction with the bankruptcy or receivership.
MD. Human Services Code Ann. §  10-496 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part IX - Prohibited Acts; Penalties; Remedies|Section 10-496 - Prohibited Acts; Penalties

    (a)    A person may not maintain or operate a facility offering continuing care without having obtained an initial or renewal certificate of registration.    (b)    A person may not disseminate prohibited advertising or promotional materials.    (c)    A person may not provide false registration information to the Department.    (d)    (1)    A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.        (2)    Each violation of this subtitle constitutes a separate offense.
MD. Human Services Code Ann. §  10-498 (2021)
2021 Maryland Statutes|Human Services|Title 10 - Department of Aging|Subtitle 4 - Continuing Care|Part IX - Prohibited Acts; Penalties; Remedies|Section 10-498 - Actions for Equitable Relief or Damages

    (a)    (1)    Any subscriber injured by a violation of this subtitle may bring an action for equitable relief or an action for damages in any court of general jurisdiction.        (2)    In an action described in paragraph (1) of this subsection, the court may award reasonable attorney’s fees to a subscriber in whose favor a judgment is entered.    (b)    The Department may bring an action for an appropriate temporary restraining order or injunction for a violation of this subtitle.