2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 4 - Department of General Services › Subtitle 4 - Public Improvements and Land Acquisition › Part II - Public Improvements › Section 4-410 - Assistive Listening Device in Assembly Areas

(a)    (1)    In this section the following words have the meanings indicated.
(2)    (i)    “Assembly area” means a building or facility, or any portion of a building or facility, that:
1.    is used for the purpose of entertainment, education, or civic gatherings; and
2.    requires the use of a public address system.
(ii)    “Assembly area” includes:
1.    an amphitheater, an arena, and a stadium;
2.    an auditorium;
3.    a center for the performing arts;
4.    a classroom and a lecture hall;
5.    a concert hall;
6.    a convention center;
7.    a courtroom;
8.    a legislative chamber;
9.    a movie theater, a theater, and a playhouse; and
10.    a public hearing and meeting room.
(iii)    “Assembly area” does not include any outdoor area.
(3)    “Assistive listening system” means an amplification system using transmitters to bypass the acoustical space between a sound source and a listener by means of a wireless direct connection, such as a hearing induction loop system, that couples to a:
(i)    personal hearing device; or
(ii)    receiver, such as a hearing induction loop receiver or other similar technology.
(4)    “Construction or renovation” includes:
(i)    construction;
(ii)    reconstruction; and
(iii)    renovation.
(5)    “Hearing induction loop” means a hearing loop or T–loop system that takes a sound source and transfers it directly via a magnetic signal to:
(i)    a hearing aid;
(ii)    a cochlear implant;
(iii)    a hearing induction loop receiver; or
(iv)    any other personal hearing device that acts as a receiver.
(6)    “Recipient of State funds” means any of the following that receive State money for the construction or renovation of an assembly area:
(i)    a unit of State government;
(ii)    a unit of local government; or
(iii)    a for–profit or nonprofit entity or association.
(b)    (1)    A recipient of State funds shall install an assistive listening system in an assembly area during the construction or renovation of the assembly area if:
(i)    the assembly area uses or requires the use of a public address system; and
(ii)    a State contract has been executed to enable construction or renovation of the assembly area.
(2)    (i)    A recipient of State funds may apply for a waiver from the requirement under paragraph (1) of this subsection if:
1.    the recipient claims that an assistive listening system is not technologically feasible; or
2.    there is a dispute regarding whether the requirements of paragraph (1) of this subsection apply to a construction or renovation project.
(ii)    A waiver request under subparagraph (i) of this paragraph shall include a description of the alternative assistive listening technology the recipient will use to comply with the Americans with Disabilities Act.
(c)    (1)    There is a Hearing Accessibility Advisory Board.
(2)    (i)    The Secretary shall appoint the members of the Board.
(ii)    The Board shall consist of:
1.    individuals who have expertise in assistive listening systems; and
2.    consumers who use assistive listening systems.
(3)    The Board shall:
(i)    consult with stakeholders who are State residents who use or will use the facilities being built or renovated, including:
1.    individuals with hearing loss; and
2.    organizations that represent people with hearing loss and have background experience and knowledge of the use of assistive listening systems and devices;
(ii)    make recommendations for regulations implementing this section;
(iii)    consider applications for waivers submitted under subsection (b)(2) of this section; and
(iv)    monitor compliance with this section and investigate any complaints regarding noncompliance.
(d)    The Department shall adopt regulations to carry out this section, including regulations regarding:
(1)    proper maintenance and training of staff;
(2)    adequate signage; and
(3)    a requirement for facilities to provide receivers that can use the technology for individuals who do not have a personal hearing device or do not have a hearing device with a telecoil or other built–in receiver.
(e)    This section does not require State agencies or recipients of State funds to retrofit existing facilities that are not undergoing renovation.
(f)    (1)    (i)    A person may bring a civil action for a violation of this section or if the person has reasonable grounds for believing that this section will be violated.
(ii)    A person may not be required to take any other action before bringing a civil action under subparagraph (i) of this paragraph for a potential violation of this section if the person has actual notice that a recipient of State funds does not intend to comply with the requirements of this section.
(2)    In a civil action brought under paragraph (1)(i) of this subsection, the court may:
(i)    grant any equitable relief that the court considers appropriate, including:
1.    temporary, preliminary, or permanent relief;
2.    providing an auxiliary aid or service;
3.    requiring a modification of policy, practice, or procedure; and
4.    making facilities readily accessible to and usable by individuals with disabilities;
(ii)    assess a civil penalty against the recipient of State funds; or
(iii)    award any other relief the court considers to be appropriate.
(3)    If a court orders injunctive relief under paragraph (1) of this subsection, the order shall include a requirement that the facilities be altered to make the facilities readily accessible to and usable by individuals with disabilities to the extent required by this section.