reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Family Law › Title 14 - Adult Protective Services › Subtitle 3 - Investigation Provisions › Section 14-308 - Confidentiality of Persons Making Report

(a)    Subject to the provisions of subsection (b) of this section, the identity of any person who makes a report under § 14-302 of this subtitle shall be confidential.
(b)    The identity of a person who makes a report under § 14-302 of this subtitle may be disclosed if:
(1)    the person consents; or
(2)    the court orders the disclosure.
2023 Maryland Statutes › Family Law › Title 14 - Adult Protective Services › Subtitle 3 - Investigation Provisions › Section 14-309 - Persons Immune From Civil Liability

Any person, including a fiduciary institution, who makes or participates in making a report under this subtitle or participates in an investigation or a judicial proceeding resulting from a report under this subtitle shall have the immunity from liability described under § 5–622 of the Courts Article.
2023 Maryland Statutes › Family Law › Title 14 - Adult Protective Services › Subtitle 4 - Review Board › Section 14-402 - Membership

(a)    (1)    Each review board consists of 11 members appointed:
(i)    by the county commissioners;
(ii)    in Baltimore City, by the Mayor with the advice and consent of the City Council;
(iii)    in any county that has a county executive, by the county executive with the advice and consent of the county council; or
(iv)    if 2 or more counties have agreed to establish a multicounty review board, jointly by the appropriate officials of the counties served by the board.
(2)    Of the 11 members:
(i)    1 shall be a professional representative of a local department;
(ii)    1.    in counties other than St. Mary’s County or Washington County:
A.    1 shall be a physician’s assistant, nurse practitioner, or physician who is not a psychiatrist; and
B.    1 shall be a psychiatrist; and
2.    in St. Mary’s County and Washington County:
A.    1 shall be a physician’s assistant, nurse practitioner, or physician who is not a psychiatrist; and
B.    1 shall be a psychiatrist or psychologist;
(iii)    1 shall be a representative of a local commission on aging;
(iv)    1 shall be a professional representative of a local nonprofit social service organization;
(v)    1 shall be a lawyer;
(vi)    2 shall be lay individuals;
(vii)    1 shall be a registered nurse;
(viii)    1 shall be a professional in the field of disabilities; and
(ix)    1 shall be a person with a physical disability.
(b)    (1)    Except as provided in paragraph (3) of this subsection, the term of a member is 3 years.
(2)    The terms of members are staggered as required by the terms provided for members of the review board on October 1, 1984.
(3)    In Charles County, the term of a member is 4 years.
(4)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(5)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
2023 Maryland Statutes › Family Law › Title 14 - Adult Protective Services › Subtitle 4 - Review Board › Section 14-403 - Compensation; Staff

(a)    A member of a review board:
(1)    may not receive compensation; but
(2)    is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(b)    (1)    The local department shall provide the office space and personnel that the review board needs to perform its duties.
(2)    If 2 or more counties have agreed to establish a multicounty review board, the counties shall jointly designate the local department in one of the counties served by the review board to provide the office space and personnel that the review board needs to perform its duties.
2023 Maryland Statutes › Family Law › Title 14 - Adult Protective Services › Subtitle 4 - Review Board › Section 14-404 - Reviews of Guardianship

(a)    (1)    (i)    Except as provided in subparagraph (ii) of this paragraph, at least every 6 months the review board shall review each guardianship that a public agency holds.
(ii)    At least once a year the review board shall review each guardianship that a public agency has held for more than 1 year.
(iii)    At least every 6 months the review board shall conduct a file review of each guardianship that a public agency has held for more than 1 year based on a written report to the board including the present place of residence and health status of the ward, the guardian’s plan for preserving and maintaining the future well–being of the ward, the need for continuation or cessation of the guardianship or for any plans in altering the powers of the guardian, and the most recent dates of visits by the guardian or the guardian’s designee.
(2)    The review board may review a case more frequently if:
(i)    the disabled individual, the disabled individual’s guardian, or the disabled individual’s attorney files a petition for review; or
(ii)    the review board, on its own motion, schedules a review.
(b)    (1)    Notwithstanding the provisions of § 13–708(b)(8) of the Estates and Trusts Article, each time that the review board reviews a guardianship, the review board shall recommend that the guardianship be:
(i)    continued;
(ii)    modified; or
(iii)    terminated.
(2)    Notwithstanding that the review board recommends that a guardianship be continued, the court may order that the guardianship be modified or terminated.
(c)    The disabled individual shall:
(1)    attend each review board hearing if the disabled individual is able to attend; and
(2)    be represented at each review board hearing by:
(i)    the lawyer that the disabled individual chooses; or
(ii)    a lawyer who is appointed by the court.
(d)    Except for purposes of a judicial proceeding under this title, all records of the review board are confidential.
2023 Maryland Statutes › Financial Institutions › Title 1 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 1-202 - Acknowledgments and Verifications

(a)    A requirement in this article that a document be acknowledged means that the document shall be acknowledged by an individual:
(1)    As the act of that individual; or
(2)    If the document is that of a corporate or other entity, as the act of that entity.
(b)    A requirement in this article that a document be verified means that the document shall be verified by a declaration made under the penalties for perjury that the matters and facts contained in the document are true to the best of the knowledge, information, and belief of the individual making the declaration.
(c)    The acknowledgment or verification shall be made:
(1)    Before an individual authorized to take acknowledgments or administer oaths; or
(2)    By a signed statement of acknowledgment or verification that:
(i)    Is in the document or attached to and made part of the document; and
(ii)    As to a verification, states that the statement is made under the penalties for perjury.
(d)    If the procedures provided in subsection (c)(2) of this section are used:
(1)    A statement of acknowledgment has the same legal effect as an acknowledgment made before an individual authorized to take acknowledgments; and
(2)    A statement of verification subjects the individual making the statement to the penalties for perjury to the same extent as if the statement had been verified under oath before an individual authorized to administer oaths.
2023 Maryland Statutes › Financial Institutions › Title 1 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 1-203 - Compliance With Workers' Compensation Act

Before any license or permit may be issued under this article to an employer to engage in an activity in which the employer may employ a covered employee, as defined in § 9-101 of the Labor and Employment Article, the employer shall file with the issuing authority:
(1)    A certificate of compliance with the Maryland Workers’ Compensation Act; or
(2)    The number of a workers’ compensation insurance policy or binder.
2023 Maryland Statutes › Financial Institutions › Title 1 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 1-205 - Compliance Review Documents

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Compliance review committee” means:
(i)    An audit, loan review, or compliance committee appointed by the board of directors of a depository institution; or
(ii)    Any other person to the extent the person acts in an investigatory capacity at the direction of a compliance review committee.
(3)    “Compliance review documents” means documents prepared for or created by a compliance review committee.
(4)    “Depository institution” means a State–chartered or federally chartered financial institution located in this State that is authorized to maintain deposit or share accounts.
(5)    “Loan review committee” means a person or group of persons who, on behalf of a depository institution, reviews loans held by the institution for the purpose of assessing the credit quality of the loans, compliance with the institution’s loan policies, and compliance with applicable laws and regulations.
(6)    “Person” means an individual, group of individuals, board, committee, partnership, firm, association, corporation, or other entity.
(b)    This section applies to a compliance review committee whose functions are to evaluate and seek to improve:
(1)    Loan underwriting standards;
(2)    Asset quality;
(3)    Financial reporting to federal or State regulatory agencies; or
(4)    Compliance with federal or State statutory or regulatory requirements.
(c)    Except as provided in subsection (d) of this section:
(1)    Compliance review documents are confidential and are not discoverable or admissible in evidence in any civil action arising out of matters evaluated by the compliance review committee; and
(2)    Compliance review documents delivered to a federal or State governmental agency remain confidential and are not discoverable or admissible in evidence in any civil action arising out of matters evaluated by the compliance review committee.
(d)    Subsection (c) of this section does not apply to any information required by statute or regulation to be maintained by or provided to a governmental agency while the information is in the possession of the governmental agency to the extent applicable law expressly authorizes its disclosure.
(e)    This section may not be construed to limit the discovery or admissibility in any civil action of any documents that are not compliance review documents.
2023 Maryland Statutes › Financial Institutions › Title 1 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 1-206 - Authorized Collateral

(a)    In this section, “fiduciary deposit surety bond” means a surety bond that:
(1)    Guarantees the payment of deposited funds awaiting distribution or investment held by a financial institution in a fiduciary capacity; and
(2)    Subject to the terms and conditions of the bond, is irrevocable and absolute.
(b)    Except as provided in §§ 6-202 and 6-209 of the State Finance and Procurement Article, if applicable law requires a deposit made by a financial institution to be collateralized, the financial institution may take as collateral for the deposit, in addition to any other permissible collateral, a fiduciary deposit surety bond issued by an insurance company authorized to do business in this State, the claims-paying ability of which is rated in the highest category by at least two nationally recognized statistical rating agencies.
2023 Maryland Statutes › Financial Institutions › Title 1 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 1-208 - Real Estate Appraisal Policies

(a)    The directors and officers of a financial institution shall develop and implement written:
(1)    Policies governing real estate appraisal; and
(2)    Procedures governing the hiring and performance of real estate appraisers.
(b)    The procedures required under subsection (a)(2) of this section shall set forth specific factors to be considered by the financial institution’s directors and officers, including:
(1)    Whether the appraiser is licensed or certified under the Business Occupations and Professions Article; and
(2)    The real estate appraiser’s:
(i)    Professional education; and
(ii)    Experience in real estate appraising.
(c)    Prior to implementation, a financial institution shall submit its real estate appraisal policies and procedures to the Commissioner for review and approval.
2023 Maryland Statutes › Financial Institutions › Title 1 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 1-209 - Regulation of Extension of Credit

(a)    Only the State may enact a law which purports to regulate extensions of credit made by a financial institution.
(b)    This section does not:
(1)    Affect federal law preemption of State law;
(2)    Restrict or otherwise affect local laws that establish property ownership or the rights and obligations of property owners;
(3)    Restrict or otherwise affect a local government’s ability to regulate its fiscal, economic, or community development policy;
(4)    Restrict or otherwise affect a local government’s ability to enact laws or adopt regulations relating to fair housing or other civil rights; or
(5)    Restrict or otherwise affect a local government’s ability to establish or administer loan programs to assist residents with financial needs.
2023 Maryland Statutes › Financial Institutions › Title 1 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 1-210 - Certificates of Deposit; Claims for Payment

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Account agreement” means one or more written instruments that establish when a certificate of deposit is payable.
(3)    “Certificate of deposit” means a deposit or share account at a depository institution that:
(i)    Is payable by the depository institution at the expiration of a specified time; and
(ii)    May be transferable or nontransferable, negotiable or nonnegotiable, and renewable or nonrenewable.
(4)    “Depository institution” means a State-chartered or federally chartered financial institution located in the State that is authorized to maintain certificates of deposit.
(5)    “Maturity date” means the time specified in an account agreement when a certificate of deposit is first payable, without taking into account any agreement regarding renewals.
(b)    Subject to subsection (c) of this section, an action to enforce the obligation of a depository institution to pay all or part of the balance of a certificate of deposit must be commenced by the earlier of:
(1)    The time that an action to enforce an obligation under § 3-118(e) of the Commercial Law Article must be commenced, if the certificate of deposit is subject to that section; or
(2)    6 years after the later of:
(i)    The maturity date of the certificate of deposit;
(ii)    The due date of the certificate of deposit indicated in the depository institution’s last written notice of renewal of the certificate of deposit, if any;
(iii)    The date of the last written communication from the depository institution recognizing the depository institution’s obligation to pay the certificate of deposit; or
(iv)    The last day of the taxable year for which a person identified in the certificate of deposit last reported interest income earned on the certificate of deposit on a federal or State income tax return.
(c)    Notwithstanding subsection (b) of this section, an action to enforce the obligation of a depository institution to pay all or part of the balance of an automatically renewing certificate of deposit in existence on June 1, 2006, must be commenced by the later of:
(1)    6 years after the later of the events described in subsection (b)(2)(i) through (iv) of this section; or
(2)    1 year after June 1, 2006.
2023 Maryland Statutes › Financial Institutions › Title 1 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 1-211 - Savings Promotion Raffles

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Depository institution” means a financial institution that:
(i)    Is located in this State or maintains a branch in this State; and
(ii)    Is authorized to maintain qualifying accounts.
(3)    “Eligible customer” means an individual who:
(i)    Maintains a qualifying account at a depository institution;
(ii)    Is an adult; and
(iii)    Is a resident of this State.
(4)    “Qualifying account” means a savings account, share account, or other savings product or program:
(i)    Offered by a depository institution;
(ii)    Insured by the Federal Deposit Insurance Corporation, the National Credit Union Administration, or a credit union share guaranty corporation that is approved by the Commissioner; and
(iii)    Through which eligible customers may obtain chances to win prizes in a savings promotion raffle.
(5)    “Savings promotion raffle” means a contest in which:
(i)    The sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a qualifying account; and
(ii)    Each ticket or entry has an equal chance of being drawn.
(b)    A depository institution may conduct a savings promotion raffle for the exclusive benefit of eligible customers if:
(1)    The depository institution maintains books and records relating to the savings promotion raffle; and
(2)    The savings promotion raffle will not:
(i)    Harm the depository institution’s ability to operate in a safe and sound manner; or
(ii)    Mislead the depository institution’s customers.
(c)    Except as preempted by federal law, the Commissioner may:
(1)    Examine the conduct of a savings promotion raffle; and
(2)    Issue a cease and desist order under § 5–808 of this article for a violation of this section.
2023 Maryland Statutes › Financial Institutions › Title 1 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 1-213 - Determination of Creditworthiness -- Evaluation Rules and Other Alternative Methods

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Credit union” has the meaning stated in § 6–101 of this article.
(3)    “Savings and loan association” has the meaning stated in § 8–101 of this article.
(b)    This section applies only to:
(1)    A banking institution;
(2)    A credit union;
(3)    A savings and loan association;
(4)    A community development financial institution; and
(5)    A credit grantor regulated under Title 11 of this article.
(c)    When evaluating an application for a primary residential mortgage loan or an extension of credit, an entity subject to this section shall:
(1)    Adhere to the rules concerning evaluations of applications established under 12 C.F.R. § 1002.6, including consideration of the following verifiable alternative indications of creditworthiness presented or made available to the entity by the applicant:
(i)    History of rent or mortgage payments;
(ii)    History of utility payments;
(iii)    School attendance; and
(iv)    Work attendance; and
(2)    If the applicant requests, consider other verifiable alternative indications of creditworthiness presented or made available to the entity by the applicant.
2023 Maryland Statutes › Financial Institutions › Title 1 - Definitions; General Provisions › Subtitle 3 - Confidential Financial Records › Section 1-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Fiduciary institution” means:
(i)    A national banking association;
(ii)    A State banking institution;
(iii)    An other-state bank that maintains a branch in this State;
(iv)    A credit union that is organized under the laws of this State or of the United States;
(v)    Any other organization that is organized under the banking laws of this State and subject to the supervision of the Commissioner; or
(vi)    A savings and loan association that is organized under the laws of this State or of the United States.
(2)    “Fiduciary institution” does not include any person licensed by the Commissioner under Title 11 of this article.
(c)    (1)    “Financial record” means the original or any copy or record of:
(i)    A document that grants signature authority over a deposit or share account;
(ii)    A statement, ledger card, or other record of a deposit or share account that shows transactions in or with respect to that deposit or account;
(iii)    A check, clear draft, or money order that is drawn on a fiduciary institution or issued and payable by or through a fiduciary institution;
(iv)    Any item, other than an institutional or periodic charge, that is made under an agreement between a fiduciary institution and another person and that constitutes a debit or a credit to that person’s deposit or share account; or
(v)    Any information that relates to a loan account or an application for a loan.
(2)    “Financial record” includes any evidence of a transaction conducted by means of an electronic terminal.
(d)    “Supervisory agency” means:
(1)    The Federal Deposit Insurance Corporation;
(2)    The Federal Savings and Loan Insurance Corporation;
(3)    The Federal Home Loan Bank Board;
(4)    The National Credit Union Administration;
(5)    The Federal Reserve Board;
(6)    The United States Comptroller of the Currency;
(7)    The State of Maryland Deposit Insurance Fund Corporation;
(8)    The Credit Union Insurance Corporation;
(9)    The Commissioner;
(10)    The Division of Savings and Loan Associations; or
(11)    An agency of another state with primary responsibility for chartering and supervising banks.
2023 Maryland Statutes › Financial Institutions › Title 1 - Definitions; General Provisions › Subtitle 3 - Confidential Financial Records › Section 1-303 - Permitted Disclosures -- in General

This subtitle does not prohibit:
(1)    The preparation, examination, handling, or maintenance of financial records by any officer, employee, or agent of a fiduciary institution that has custody of the records;
(2)    The examination of financial records by a certified public accountant while engaged by a fiduciary institution to perform an independent audit;
(3)    The examination of financial records by, or the disclosure of financial records to, any officer, employee, or agent of a supervisory agency for use only in the exercise of that person’s duties as an officer, employee, or agent;
(4)    The publication of information derived from financial records if the information cannot be identified to any particular customer, deposit, or account;
(5)    The making of reports or returns required or permitted by federal or State law;
(6)    The disclosure of any information permitted to be disclosed under those provisions of the Commercial Law Article that relate to the dishonor of a negotiable instrument;
(7)    The exchange, in the regular course of business, of credit information between a fiduciary institution and any other fiduciary institution or commercial enterprise, if made directly or through a consumer reporting agency;
(8)    The exchange, in the regular course of business, of a statement of a mortgage account on the subject property in connection with a sale, refinancing, or foreclosure, of real property; or the disclosure, in the regular course of business, of a statement of a mortgage account on the subject property to the holder of any subordinate mortgage or security interest;
(9)    The disclosure to a State’s Attorney of any information in accordance with § 8–104(c) of the Criminal Law Article (regarding the presentation of a certificate under oath to prove insufficient funds and dishonor of checks);
(10)    A fiduciary institution from disclosing to the Department of Human Services an individual’s financial records that the Department determines are necessary to verify or confirm the individual’s eligibility or ineligibility for public assistance;
(11)    In a prosecution outside the State for the crime of obtaining property or services by bad check, the presentation to the prosecutor of a certificate under oath by an authorized representative of a drawee that declares the dishonor of the check by the drawee, the lack of an account with the drawee at the time of utterance, or the insufficiency of the drawer’s funds at the time of presentation and utterance;
(12)    The disclosure of the financial records of one of its customers by a fiduciary institution to an affiliate that extends credit for the sole purpose of evaluating a requested or existing extension of credit to that customer by an affiliate of the fiduciary institution; or
(13)    A fiduciary institution from disclosing to the Comptroller an individual’s financial records that the Comptroller determines are necessary to enforce the tax laws of the State.
2023 Maryland Statutes › Financial Institutions › Title 1 - Definitions; General Provisions › Subtitle 3 - Confidential Financial Records › Section 1-304 - Permitted Disclosures -- Subpoena

(a)    In this section, “subpoena” means a subpoena, summons, warrant, or court order that appears on its face to have been issued on lawful authority.
(b)    A fiduciary institution may disclose or produce financial records or information derived from financial records in compliance with a subpoena served on the fiduciary institution, if:
(1)    The subpoena contains a certification that a copy of the subpoena has been served on the person whose records are sought by the party seeking the disclosure or production of the records; or
(2)    Contains a certification that service has been waived by the court for good cause.
2023 Maryland Statutes › Financial Institutions › Title 1 - Definitions; General Provisions › Subtitle 3 - Confidential Financial Records › Section 1-305 - Penalties

(a)    Any officer, employee, agent, or director of a fiduciary institution who knowingly and willfully discloses financial records in violation of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine of not more than $1,000.
(b)    Any person who knowingly and willfully induces or attempts to induce an officer, employee, agent, or director of a fiduciary institution to disclose financial records in violation of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine of not more than $1,000.
(c)    (1)    Subsections (a) and (b) of this section do not apply in connection with an abuse report required under § 1–306(d) of this subtitle.
(2)    A fiduciary institution that fails to file an abuse report concerning an elder adult as required under § 1–306(d) of this subtitle is subject to:
(i)    A civil penalty not exceeding $1,000; or
(ii)    If the failure to report is willful, a civil penalty not exceeding $5,000.
(3)    The civil penalties provided under paragraph (2) of this subsection:
(i)    May be recovered only in a civil action brought by the Attorney General against the fiduciary institution; and
(ii)    Shall be paid by the fiduciary institution.
(4)    A person who discloses information contained in an abuse report in violation of § 1–306(d)(4) of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
2023 Maryland Statutes › Financial Institutions › Title 1 - Definitions; General Provisions › Subtitle 4 - Automated Teller Machines › Section 1-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Access area” means any paved walkway or sidewalk which is within 50 feet of an automated teller machine.
(2)    “Access area” does not include any publicly maintained street or highway or any adjacent sidewalk.
(c)    “Access device” has the meaning stated in Federal Reserve Board Regulation E, 12 C.F.R., Part 205.
(d)    (1)    “Automated teller machine” means any electronic information processing device located in this State which accepts or dispenses cash in connection with a credit, deposit, or convenience account.
(2)    “Automated teller machine” does not include devices used:
(i)    Solely to facilitate check guarantees or check authorizations;
(ii)    In connection with the acceptance or dispensing of cash on a person-to-person basis, including by a store cashier; or
(iii)    For the payment of goods or services.
(e)    “Candlefoot power” means the light intensity of candles on a horizontal plane at 36 inches above ground level and 5 feet in front of the area to be measured.
(f)    “Control” of an access area or defined parking area means to have the present authority to determine how, when, and by whom such area is to be used, maintained, lighted, and landscaped.
(g)    “Customer” means an individual to whom an access device has been issued for personal, family, or household use.
(h)    (1)    “Defined parking area” means that portion of a parking area open for customer parking which is:
(i)    Contiguous to an access area with respect to an automated teller machine;
(ii)    Regularly, principally, and lawfully used for parking by users of the automated teller machine while conducting automated teller machine transactions during the hours of darkness; and
(iii)    Owned or controlled by the operator of the automated teller machine or by the party leasing the automated teller machine site to the operator.
(2)    “Defined parking area” includes only the single parking level of a multiple level parking area deemed by the operator of the automated teller machine to be the most directly accessible to users of the automated teller machine if the parking area otherwise satisfies the conditions contained in paragraph (1) of this subsection.
(3)    “Defined parking area” does not include a parking area which is:
(i)    Not regularly used for parking by users of the automated teller machine who are conducting automated teller machine transactions during the hours of darkness; or
(ii)    Physically closed to access or is marked by conspicuous signs indicating that it is closed.
(i)    “Hours of darkness” means the period that begins 30 minutes after sunset and ends 30 minutes before sunrise.
(j)    “Operator” means a financial institution or other person that operates an automated teller machine.
2023 Maryland Statutes › Financial Institutions › Title 1 - Definitions; General Provisions › Subtitle 4 - Automated Teller Machines › Section 1-402.1 - Video Cameras in Automated Teller Machines

(a)    This section does not apply to an automated teller machine that is:
(1)    Located inside a building unless:
(i)    The building is a freestanding installation that exists solely to provide an enclosure for the automated teller machine; or
(ii)    A user of the automated teller machine is able to conduct a transaction from outside the building; or
(2)    Operated by a financial institution, unless the automated teller machine is located at or within or attached to premises owned by or under the control of the financial institution.
(b)    Each operator of an automated teller machine subject to this section shall:
(1)    Install and maintain a video camera that views and records an image of a user as the user performs a transaction at the automated teller machine; and
(2)    Preserve the recordings made by the video camera for at least 45 calendar days.
(c)    An operator of an automated teller machine subject to this section is not in violation of this section if a video camera required under subsection (b) of this section malfunctions due to a reason not within the operator’s control.
2023 Maryland Statutes › Financial Institutions › Title 1 - Definitions; General Provisions › Subtitle 4 - Automated Teller Machines › Section 1-403 - Authorization to Operate; Authorized Transactions; Failure to Meet Requirements

(a)    Subject to this section, a banking institution or credit union may have an automated teller machine at a location other than the principal office or a branch of a banking institution or credit union.
(b)    (1)    Except as provided in paragraph (2) of this subsection, at least 15 business days before commencing the installation of an automated teller machine, a banking institution or credit union shall submit to the Commissioner written notice of its intent to install the automated teller machine.
(2)    No written notice of intent to install an automated teller machine is required if the automated teller machine is to be located at the principal office or a branch of a banking institution or credit union.
(c)    (1)    An automated teller machine may receive and dispense money as instructed by a customer.
(2)    A banking institution or credit union may verify by direct wire transmission or otherwise any transaction that is made by means of an automated teller machine.
(3)    The Commissioner may adopt rules and regulations that are substantially similar to those rules and regulations of the Comptroller of the Currency for the operation and shared use of automated teller machines by national banking associations.
(d)    (1)    If, after the Commissioner receives the notice required under subsection (b)(1) of this section or the automated teller machine is installed, any requirement of this section is not being met, or if the Commissioner determines that the operation of the automated teller machine is not consistent with safety and soundness and the security of the transactions, the Commissioner shall give the banking institution or credit union notice of the deficiency.
(2)    On notice of deficiency, a banking institution or credit union shall stop using the automated teller machine.
(3)    If the Commissioner determines that the deficiency has been corrected, the banking institution or credit union may resume use of the automated teller machine.
(e)    For purposes of this article, an automated teller machine is not a branch of a banking institution or credit union.
2023 Maryland Statutes › Financial Institutions › Title 1 - Definitions; General Provisions › Subtitle 4 - Automated Teller Machines › Section 1-404 - Notice of Fees

(a)    At or before the time a transaction is initiated, the operator of an automated teller machine shall provide the person using the automated teller machine with notice of the fee to be charged by the operator for use of the automated teller machine by persons using access devices not issued by the operator.
(b)    (1)    The operator may give the notice required under subsection (a) of this section by either:
(i)    Posting in a conspicuous place on or near the automated teller machine the amount of the fee; or
(ii)    Listing the amount of the fee on the screen of the automated teller machine at the time the transaction is initiated.
(2)    If the operator gives the notice in the manner provided by paragraph (1)(ii) of this subsection, the person using the automated teller machine shall be provided with the opportunity to cancel the transaction without incurring any fee.
2023 Maryland Statutes › Financial Institutions › Title 1 - Definitions; General Provisions › Subtitle 4 - Automated Teller Machines › Section 1-405 - Foreign Banking Corporation

(a)    “Foreign banking corporation” has the meaning stated in § 12-201(e) of this article.
(b)    A foreign banking corporation may not have an automated teller machine in this State for any purpose unless:
(1)    The foreign banking corporation obtains from the Commissioner a permit for the automated teller machine; or
(2)    The automated teller machine is authorized under:
(i)    The Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 or other federal law; or
(ii)    Title 5, Subtitle 9 or Subtitle 10 of this article.
(c)    The process for obtaining a permit for the automated teller machine is as stated in §§ 12-208 and 12-209 of this article.
2023 Maryland Statutes › Financial Institutions › Title 2 - Commissioner and Boards › Subtitle 1 - Commissioner of Financial Regulation › Section 2-102 - Appointment; Responsibility to Secretary; Qualifications; Compensation

(a)    The Commissioner is appointed by the Secretary of Labor with the approval of the Governor and the advice and consent of the Senate.
(b)    The Commissioner serves at the pleasure of the Secretary of Labor.
(c)    The Commissioner shall have at least 5 years of experience in state or national banking regulation or management, which may include service as a bank director.
(d)    The Commissioner is entitled to the salary provided in the State budget.
2023 Maryland Statutes › Financial Institutions › Title 2 - Commissioner and Boards › Subtitle 1 - Commissioner of Financial Regulation › Section 2-103 - Deputy Commissioner

(a)    With the approval of the Secretary of Labor, the Commissioner shall appoint a Deputy Commissioner.
(b)    The Deputy Commissioner serves at the pleasure of the Commissioner and is an employee of the Commissioner’s office.
(c)    The Deputy Commissioner shall have at least 5 years of experience in:
(1)    State or national banking regulation or management; or
(2)    The regulation or management of the business of making loans by persons of the type regulated by this article.
(d)    The Deputy Commissioner is entitled to the salary provided in the State budget.
(e)    In addition to any other powers and duties set forth in this article, the Deputy Commissioner has the powers and duties of the Commissioner:
(1)    To the extent delegated by the Commissioner;
(2)    If the office of the Commissioner is vacant; and
(3)    If for any reason the Commissioner is unable to perform the duties of the office.
2023 Maryland Statutes › Financial Institutions › Title 2 - Commissioner and Boards › Subtitle 1 - Commissioner of Financial Regulation › Section 2-104 - Staff

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Applicant” means an applicant for employment with the Commissioner.
(3)    “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(4)    “Employee” means a full–time or part–time employee of the Commissioner, including a temporary employee or a contractual employee.
(b)    The Commissioner may employ a staff in accordance with the State budget.
(c)    The Commissioner shall apply to the Central Repository for a State and national criminal history records check for each applicant prior to an offer of employment.
(d)    The Commissioner may apply to the Central Repository for a State and national criminal history records check for an employee.
(e)    As part of the application for a criminal history records check, the Commissioner shall submit to the Central Repository:
(1)    Two complete sets of the  legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(2)    The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and
(3)    The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(f)    In accordance with §§ 10–201 through 10–234 of the Criminal Procedure Article, the Central Repository shall forward to the subject applicant or employee and the Commissioner the applicant’s or employee’s criminal history record information.
(g)    Information obtained from the Central Repository under this section:
(1)    Shall be confidential;
(2)    May not be redisseminated; and
(3)    Shall be used only for the employment purpose authorized by this section.
(h)    The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
(i)    In considering any felony or misdemeanor conviction of an individual as it relates to the individual’s qualification for employment with the Commissioner, the Commissioner shall consider:
(1)    The nature of the crime;
(2)    The relevance of the crime to the duties and responsibilities related to employment;
(3)    The length of time since the conviction; and
(4)    The behavior and activities of the individual since the conviction.
2023 Maryland Statutes › Financial Institutions › Title 2 - Commissioner and Boards › Subtitle 1 - Commissioner of Financial Regulation › Section 2-105.1 - Regulations; Multistate Automated Licensing Systems

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Collection agency” has the meaning stated in § 7–101 of the Business Regulation Article.
(3)    “Consumer reporting agency” has the meaning stated in § 14–1201 of the Commercial Law Article.
(4)    “Credit services business” has the meaning stated in § 14–1901 of the Commercial Law Article.
(5)    “Debt management services provider” has the meaning stated in § 12–901 of this article.
(6)    “Money transmission” has the meaning stated in § 12–401 of this article.
(7)    “Mortgage lender” has the meaning stated in § 11–501 of this article.
(8)    “Mortgage originator” has the meaning stated in § 11–601 of this article.
(9)    “Provide check cashing services” has the meaning stated in § 12–101 of this article.
(10)    “Sales finance company” has the meaning stated in § 11–401 of this article.
(b)    The Commissioner may adopt and enforce regulations reasonably necessary to carry out the authority and responsibility of the office of Commissioner.
(c)    (1)    The Commissioner may participate in NMLS for:
(i)    Collection agencies;
(ii)    Debt management services providers;
(iii)    Mortgage lenders;
(iv)    Mortgage originators;
(v)    Persons who engage in money transmission;
(vi)    Persons who are required to be licensed under Title 11, Subtitle 2 of this article;
(vii)    Persons who are required to be licensed under Title 11, Subtitle 3 of this article;
(viii)    Persons who are required to be licensed under Title 12, Subtitle 1 of this article;
(ix)    Persons who are required to be licensed under Title 14, Subtitle 19 of the Commercial Law Article;
(x)    Sales finance companies; and
(xi)    Consumer reporting agencies.
(2)    To facilitate participation in NMLS, the Commissioner may adopt regulations that waive or modify the requirements of:
(i)    Title 11, Subtitles 4, 5, and 6 of this article with respect to sales finance companies, mortgage lenders, and mortgage originators;
(ii)    Title 12, Subtitles 1, 4, and 9 of this article with respect to providers of check cashing services, persons who engage in money transmission, and providers of debt management services;
(iii)    Title 11, Subtitle 2 of this article;
(iv)    Title 11, Subtitle 3 of this article;
(v)    Title 7 of the Business Regulation Article with respect to collection agencies;
(vi)    Title 14, Subtitle 19 of the Commercial Law Article; and
(vii)    Title 14, Subtitle 12 of the Commercial Law Article.
2023 Maryland Statutes › Financial Institutions › Title 2 - Commissioner and Boards › Subtitle 1 - Commissioner of Financial Regulation › Section 2-107 - Annual Report

On or before December 31 of each year, the Commissioner shall submit to the Governor and, as provided under § 2–1257 of the State Government Article, the General Assembly an annual report that includes, at a minimum, the following information concerning the most recently completed fiscal year ending June 30:
(1)    Operations of the office of the Commissioner;
(2)    Amendments proposed by the Commissioner regarding the laws the Commissioner administers;
(3)    Failures of licensed persons and State–chartered financial institutions;
(4)    A summary of the composite ratings of banking institutions and State–chartered credit unions; and
(5)    A breakdown by license category of the number of penalties assessed and instances of consumer recovery.
2023 Maryland Statutes › Financial Institutions › Title 2 - Commissioner and Boards › Subtitle 1 - Commissioner of Financial Regulation › Section 2-108 - Collection of Nonrefundable Fees

(a)    The Commissioner shall charge and collect, in advance, the following nonrefundable fees:
(1)    An examination fee for a new commercial bank charter under § 3–203 of this article......................................................................................................$15,000
(2)    A filing fee for an agreement of consolidation, merger, or transfer of assets under § 3–703 of this article:
(i)    Between two commercial banks    $3,000
(ii)    Among three or more commercial banks    $5,000
(3)    An application fee for a banking institution to have an affiliate under § 5–403 of this article    $750
(4)    A fee for a conversion of a national banking association, a federal stock savings and loan association, or a federal stock savings bank into a commercial bank under § 3–801 of this article or a federal mutual savings bank into a savings bank under § 4–701.1 of this article:
(i)    Filing fee    $7,000
(ii)    Examination fee    $3,000
(5)    Subject to subsection (b) of this section, a branch fee for:
(i)    An application of a banking institution or other–state bank to open a branch under §§ 5–1003 and 5–1005(a) of this article    $600;
or
(ii)    An expedited notice of a banking institution or other–state bank to open a branch under §§ 5–1003 and 5–1005(b) of this article    $400
(6)    An application fee for a foreign banking permit under § 12–208 of this article......................................................................................................................$500
(7)    A renewal fee for a foreign banking permit under § 12–210 of this article..............................................................................................................................$500
(8)    A fee for a certificate of valid charter:
(i)    If requested by or on behalf of a banking institution    $25
(ii)    If requested by or on behalf of a person other than a banking institution.........................................................................................................................$50
(9)    A fee for a certified copy of a document    $50
(10)    An application fee for conversion of a savings bank to a capital stock commercial bank under § 4–703 of this article………………………………….$5,000
(b)    The branch fee under subsection (a)(5) of this section does not apply to:
(1)    A branch that is acquired by a banking institution through a merger or consolidation with, or transfer to the banking institution of all or substantially all of the assets of, a bank or an insured depository institution; or
(2)    An other–state bank chartered by a state that does not charge a fee to a banking institution for establishing a branch in that state.
2023 Maryland Statutes › Financial Institutions › Title 2 - Commissioner and Boards › Subtitle 1 - Commissioner of Financial Regulation › Section 2-110 - Full-Time Duties of Commissioner and Deputy Commissioner

(a)    The Commissioner and Deputy Commissioner shall devote full time to their duties.
(b)    The Commissioner and Deputy Commissioner may not:
(1)    Be an officer or director of any State banking institution or national banking association, or in any entity engaged in the business of making loans; or
(2)    Engage in any other business relating to banks and financial institutions or lending.
2023 Maryland Statutes › Financial Institutions › Title 2 - Commissioner and Boards › Subtitle 1 - Commissioner of Financial Regulation › Section 2-111 - Conflicts of Interest -- Ownership of Certain Stock Prohibited

(a)    The Commissioner, employees of the Commissioner’s office, and other State employees acting under supervision of the Commissioner’s office may not own stock in any institution that is subject to examination or supervision by the Commissioner.
(b)    This section does not apply to a member share account of the Commissioner, an employee of the Commissioner’s office, or other State employees acting under the supervision of the Commissioner’s office held at a credit union that has a membership of over 60,000 State employees.