reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 10 - Uninsured Employers › Section 9-1009 - Notice and Payment of Assessments; Disposition of Money Collected

(a)    When the Commission imposes an assessment on an employer under this subtitle, the Commission shall mail the employer notice of the assessment.
(b)    An employer shall pay an assessment under this subtitle into the Fund within 10 days after the date that notice of the assessment is mailed to the employer.
(c)    If an employer fails to pay an assessment in accordance with subsection (b) of this section, the default constitutes a default in payment of compensation and judgment shall be entered as in a case of default in payment of compensation.
(d)    Except for fines collected under § 9-1108 of this title, all money collected from an uninsured employer with respect to any claim for compensation but not payable from the Fund, whether collected before or after entry of a judgment against the employer, shall be:
(1)    first, considered payment of and applied to any compensation or benefits due or security demanded from the employer in connection with the claim; and
(2)    second, considered payment of and applied to assessments imposed under this subtitle.
(e)    All money recovered from uninsured employers on judgments entered for failure to pay assessments and for failure to pay compensation and benefits that were paid from the Fund shall be paid into the Fund.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 10 - Uninsured Employers › Section 9-1010 - Assessment a Lien

(a)    An assessment that is payable under this subtitle is a lien against the assets of the employer who is liable for the assessment.
(b)    A lien under subsection (a) of this section is subordinate to:
(1)    claims for unpaid wages; and
(2)    prior recorded liens.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 10 - Uninsured Employers › Section 9-1011 - Suspension and Resumption of Assessments

(a)    (1)    When the amount of the Fund equals at least $5,000,000, the payment of assessments by employers and insurers is suspended.
(2)    The Director shall notify each self-insured employer and insurer of the suspension of the payment of assessments under paragraph (1) of this subsection.
(b)    (1)    Payment of assessments shall be resumed if:
(i)    the amount of the Fund becomes less than $3,000,000 because of payments made under § 9-1002 of this subtitle or other payments; or
(ii)    the Director determines that payments that are likely to be made from the Fund in the next 3 months will reduce the amount of the Fund to less than $3,000,000.
(2)    When payment of assessments is to be resumed under paragraph (1) of this subsection, the Director shall notify each self-insured employer and insurer that payment of assessments is to:
(i)    resume on a specified date; and
(ii)    continue until the amount of the Fund becomes at least $5,000,000.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 10 - Uninsured Employers › Section 9-1012 - Suspension of License or Permit

(a)    (1)    Notwithstanding any other provision of this subtitle, the Director shall notify an employer by certified mail, return receipt requested, that the license or permit of the employer to do business in the State may be suspended if the employer fails to:
(i)    reimburse the Fund for payment of an award under § 9–1002 of this subtitle;
(ii)    pay an assessment under this subtitle; or
(iii)    pay a penalty ordered under § 9–407 of this title.
(2)    The Director shall send a copy of the notice to each State, county, or municipal unit that has issued a license or permit to the employer for an activity for which workers’ compensation coverage is required by law.
(b)    (1)    Within 15 days after receipt of the notice, the licensing unit shall provide the employer with the notice and opportunity for a hearing as otherwise may be required by law.
(2)    If law requires the licensing unit to hold a hearing, the licensing unit shall send written notice of the hearing date to the Director.
(c)    (1)    The licensing unit shall suspend the license or permit of the employer if the licensing unit finds that the employer has failed to:
(i)    reimburse the Fund for payment of an award under § 9–1002 of this subtitle;
(ii)    pay an assessment under this subtitle; or
(iii)    pay a penalty ordered under § 9–407 of this title.
(2)    A suspension of a license or permit under paragraph (1) of this subsection shall continue until the employer:
(i)    reimburses the Fund for payment of an award under § 9–1002 of this subtitle;
(ii)    pays the assessment due to the Fund;
(iii)    pays a penalty due to the Fund; or
(iv)    agrees to reimburse the Fund for payment of an award or to pay the assessment and the penalty due to the Fund in a manner approved by the Board.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 10 - Uninsured Employers › Section 9-1013 - Compromise of Judgment

(a)    (1)    If the Director considers compromise to be in the best interest of the Fund, the Director may compromise the amount of a judgment against an employer under this subtitle.
(2)    A compromise under paragraph (1) is not required to be approved by any other State official to be effective.
(b)    A compromise under this section may not reduce the amount of benefits payable to or for a covered employee or the dependents of a covered employee.
(c)    A judgment may be modified to reflect a compromise under this section.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 11 - Prohibited Acts; Penalties › Section 9-1101 - Deduction From Wage

(a)    An employer may not deduct any part of the premium that the employer pays for workers’ compensation insurance from the salary or wages of a covered employee.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $200.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 11 - Prohibited Acts; Penalties › Section 9-1103 - Attempt to Influence Choice of Lawyer

(a)    An employer, superior, union official, member of a union, guild, or similar group, or another person connected with the employment of a covered employee entitled to benefits under this title may not attempt to influence, directly or indirectly, the choice of a lawyer by the covered employee:
(1)    through corruption;
(2)    by threat or force; or
(3)    for personal gain.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 11 - Prohibited Acts; Penalties › Section 9-1104 - Disclosure of Information

(a)    An employee of the Commission may not disclose to any person other than a member of the Commission any information that the employee obtains about the business, property, or transactions of another.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction:
(1)    is subject to a fine not exceeding $500 or imprisonment not exceeding 18 months; and
(2)    is disqualified from appointment to or employment by the Commission.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 11 - Prohibited Acts; Penalties › Section 9-1105 - Discharge of Employee for Filing Claim

(a)    An employer may not discharge a covered employee from employment solely because the covered employee files a claim for compensation under this title.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 1 year or both.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 11 - Prohibited Acts; Penalties › Section 9-1106 - False Claims

(a)    A person may not knowingly affect or knowingly attempt to affect the payment of compensation, fees, or expenses under this title by means of a fraudulent representation.
(b)    A person who violates this section, on conviction:
(1)    is subject to the penalties of § 7-104 of the Criminal Law Article; and
(2)    may not receive compensation, fees, or expenses under this title.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 11 - Prohibited Acts; Penalties › Section 9-1107 - Failure to Apply for Approval of Self-Insurance Plan; Failure to Pay or Secure Payment of Compensation

(a)    An employer who self insures under § 9–405 of this title or participates in a governmental self–insurance group under § 9–404 of this title and fails to apply to the Commission for approval of the self–insurance plan of the employer or governmental self–insurance group in accordance with § 9–403 of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.
(b)    An employer who is subject to this title and fails to secure payment of compensation in accordance with § 9–402 of this title or fails to pay an award of compensation is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.
(c)    If the employer is a corporation, the officer of the corporation who has responsibility for the general management of the corporation in the State is subject to the fine and imprisonment specified in subsection (a) or (b) of this section.
(d)    (1)    A fine imposed on an employer under this section shall be:
(i)    paid to the State Treasury and credited to the Commission; and
(ii)    used to pay, wholly or partly, an award made against the employer by the Commission.
(2)    A disbursement under this subsection shall be made in the same manner as a disbursement of other money of the Commission.
(3)    Any part of the fine that is not required to pay an award shall be transferred to the General Fund of the State.
(e)    A court may remit a penalty only if the employer who is in default:
(1)    secures payment of compensation in accordance with § 9–402 of this title; and
(2)    pays or secures payment of all compensation and other benefits awarded against the employer under this title.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 11 - Prohibited Acts; Penalties › Section 9-1108 - Failure to Secure Payment of Compensation

(a)    An employer who fails to secure payment of compensation in accordance with § 9-402 of this title that will be in force on the date a cancellation of a contract of workers’ compensation insurance becomes effective is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.
(b)    If the employer is a corporation, the officer of the corporation who has responsibility for the general management of the corporation in the State is subject to the fine and imprisonment specified in subsection (a) of this section.
(c)    A fine imposed against and collected from an employer under this section shall be paid into the Uninsured Employers’ Fund.
2023 Maryland Statutes › Labor and Employment › Title 10 - Funds › Subtitle 1 - Injured Workers' Insurance Fund › Section 10-101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Administration” means the Maryland Insurance Administration.
(c)    “Board” means the Board for the Injured Workers’ Insurance Fund.
(d)    “Commissioner” means the Maryland Insurance Commissioner.
(e)    “Company” means the Chesapeake Employers’ Insurance Company established under Title 24, Subtitle 3 of the Insurance Article.
(f)    “Fund” means the Injured Workers’ Insurance Fund.
2023 Maryland Statutes › Labor and Employment › Title 10 - Funds › Subtitle 1 - Injured Workers' Insurance Fund › Section 10-102 - Injured Workers' Insurance Fund

(a)    (1)    There is an Injured Workers’ Insurance Fund.
(2)    The Fund is an instrumentality of the State.
(b)    On and after October 1, 2013, the Company, and not the Fund, shall serve as the workers’ compensation insurer of last resort for workers’ compensation insurance.
(c)    On and after October 1, 2013, the Fund:
(1)    shall continue to exist; but
(2)    may not issue new policies or otherwise engage in the business of insurance.
(d)    (1)    On and after October 1, 2013, the Fund shall be the third party administrator for the State’s Self–Insured Workers’ Compensation Program for State Employees under a contract with the State.
(2)    At least once every 5 years, the Commissioner shall:
(i)    review the State’s Self–Insured Workers’ Compensation Program for State Employees, as administered by the Fund, to determine whether the State is receiving effective administrative services at a reasonable cost; and
(ii)    submit a report to the State Treasurer on the findings of the review.
(e)    (1)    Subject to subsection (f) of this section, in the operation of the Company, the Company shall use employees of the Company.
(2)    Subject to subsection (f) of this section, in the operation of the Fund, the Fund:
(i)    shall use employees of the Fund; and
(ii)    may use nonsupervisory employees of the Company.
(3)    The Fund shall:
(i)    maintain a payroll and human resources system; and
(ii)    be responsible for paying:
1.    the employer portion of any payroll or other taxes and retirement or pension contributions for employees of the Fund; and
2.    for any health or other employee benefits that are available to employees of the Fund.
(f)    (1)    Employees of the Fund may be assigned to perform functions of the Company under a contract between the Fund and the Company.
(2)    Nonsupervisory employees of the Company may be assigned to perform functions of the Fund under a contract between the Fund and the Company.
(3)    The Company and the Fund shall annually execute an agreement that lists:
(i)    the employees of the Fund who have been assigned to perform duties on behalf of the Company; and
(ii)    the nonsupervisory employees of the Company who have been assigned to perform duties on behalf of the Fund.
(4)    The agreement shall:
(i)    specify the employees who will be utilized by the Company and the Fund;
(ii)    provide that, except with respect to assets necessary for the Fund to perform its duties under this subtitle, all assets and liabilities of the Fund are the assets and liabilities of the Company; and
(iii)    be filed with the Administration.
(5)    Notwithstanding § 15–703(f)(3)(i) of the State Government Article, an employee of the Fund may register and maintain registration as a regulated lobbyist if the employee:
(i)    is assigned to perform functions of the Company under paragraph (1) of this subsection for which an employee of the Company would be required to register; and
(ii)    registers on behalf of the Company.
2023 Maryland Statutes › Labor and Employment › Title 10 - Funds › Subtitle 1 - Injured Workers' Insurance Fund › Section 10-103 - Employees

(a)    On and after October 1, 2013:
(1)    the Fund may not hire new employees; and
(2)    employees of the Fund:
(i)    may remain employees of the Fund;
(ii)    shall continue to be State employees only if they remain employees of the Fund;
(iii)    may not be required to be employees of the Company;
(iv)    shall be subject to each law that applied to employees of the Fund immediately before October 1, 2013;
(v)    shall be subject to the same terms and conditions of employment as existed immediately before October 1, 2013, including benefits, leave, and pay grade;
(vi)    shall remain in the State retirement system only if they remain employees of the Fund;
(vii)    except for changes in benefits or compensation applicable to State employees generally, may not be denied any compensation or benefit provided to employees of the Fund as of October 1, 2013;
(viii)    may not be denied a promotion, based on the employee’s status as an employee of the Fund; and
(ix)    subject to subsection (b) of this section, may elect to be an employee of the Company.
(b)    If an employee of the Fund intends to elect to be an employee of the Company under subsection (a)(2)(ix) of this section, the Company shall:
(1)    require the employee to make the election in writing; and
(2)    provide the employee with information that:
(i)    states that the election of the employee to become an employee of the Company is voluntary and irrevocable; and
(ii)    fully discloses the terms of employment with the Company.
(c)    An employee of the Company may not elect to be an employee of the Fund.
2023 Maryland Statutes › Labor and Employment › Title 10 - Funds › Subtitle 1 - Injured Workers' Insurance Fund › Section 10-104 - Independent Unit

(a)    The Fund is independent of all State units.
(b)    (1)    Except as provided in paragraph (2) of this subsection and elsewhere in this subtitle, the Fund is not subject to any law, including § 6–106 of the State Government Article, that affects governmental units.
(2)    The Fund is subject to:
(i)    Title 4 of the General Provisions Article;
(ii)    Title 12 of the State Government Article;
(iii)    the Maryland Public Ethics Law; and
(iv)    Title 5, Subtitle 3 of the State Personnel and Pensions Article.
(3)    Paragraph (1) of this subsection does not affect the exemption from property tax under § 7–210 of the Tax – Property Article.
2023 Maryland Statutes › Labor and Employment › Title 10 - Funds › Subtitle 1 - Injured Workers' Insurance Fund › Section 10-105 - Injured Workers' Insurance Fund Board

(a)    (1)    There is a Board for the Injured Workers’ Insurance Fund.
(2)    The Board shall manage the business and affairs of the Fund as an instrumentality of the State in accordance with State law.
(b)    (1)    The Board consists of the following members:
(i)    the State Treasurer, or the State Treasurer’s designee; and
(ii)    the two members appointed to the Board for the Company by the Governor in accordance with § 24–307(b)(1)(i) of the Insurance Article.
(2)    The terms of the members of the Board described under paragraph (1)(ii) of this subsection are the same as the members’ terms on the Board for the Company.
(c)    The Board shall adopt rules, bylaws, policies, and procedures to carry out this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 10 - Funds › Subtitle 1 - Injured Workers' Insurance Fund › Section 10-106 - Staff

(a)    (1)    The Board shall appoint a President of the Fund.
(2)    The President of the Fund shall be an employee of the Fund.
(b)    (1)    Except as provided in paragraph (2) of this subsection, employees of the Fund are special appointments.
(2)    A classified employee of the Fund hired before July 1, 1990 in a nonprofessional or nontechnical position shall remain a member of the classified service or its equivalent in the State Personnel Management System as long as the employee remains in a nonprofessional or nontechnical position with the Fund.
(c)    (1)    The Board shall set compensation for its employees.
(2)    Except as otherwise provided in this subtitle, an employee of the Fund is not subject to any law, regulation, or executive order governing State employee compensation, including furloughs, salary reductions, or any other General Fund cost savings measure.
(d)    (1)    This subsection does not apply to the layoff of an employee because of lack of work.
(2)    An employee of the Fund may not be permanently removed unless:
(i)    written charges are filed;
(ii)    the employee has an opportunity for a hearing in accordance with Title 10, Subtitle 2 of the State Government Article; and
(iii)    there is cause for removal.
2023 Maryland Statutes › Labor and Employment › Title 10 - Funds › Subtitle 1 - Injured Workers' Insurance Fund › Section 10-108 - State Has No Interest in Assets of Fund

(a)    The State has no interest in the assets of the Fund.
(b)    All revenues, money, and assets of the Fund belong solely to the Fund and are held by the Fund in trust for the policyholders, injured workers and their families, and creditors of the Fund.
(c)    The State may not borrow, appropriate, or direct payments from the revenues, money, or assets of the Fund for any purpose.
(d)    The Fund may not be dissolved.
2023 Maryland Statutes › Labor and Employment › Title 10 - Funds › Subtitle 2 - Subsequent Injury Fund › Part III - Board › Section 10-208 - Membership

(a)    (1)    The Board consists of 3 members, appointed by the Governor with the advice and consent of the Senate.
(2)    Of the 3 members of the Board:
(i)    1 shall represent labor;
(ii)    1 shall represent management; and
(iii)    1 shall represent the general public.
(b)    Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
(c)    (1)    The term of a member is 4 years.
(2)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(3)    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.
(d)    The Governor may remove a member for incompetence or misconduct.
2023 Maryland Statutes › Labor and Employment › Title 10 - Funds › Subtitle 2 - Subsequent Injury Fund › Part III - Board › Section 10-209 - Meetings; Compensation

(a)    The Board shall determine the times and places of its meetings.
(b)    Subject to the State budget, each member of the Board is entitled to:
(1)    compensation for each day that the member is engaged in duties of the office; and
(2)    reimbursement for expenses under the Standard State Travel Regulations.
2023 Maryland Statutes › Labor and Employment › Title 10 - Funds › Subtitle 2 - Subsequent Injury Fund › Part III - Board › Section 10-210 - Staff

(a)    The Fund shall have a staff in accordance with the State budget.
(b)    (1)    The Board shall appoint a Director for the Fund.
(2)    The Director is entitled to the salary provided in the State budget.
2023 Maryland Statutes › Labor and Employment › Title 10 - Funds › Subtitle 2 - Subsequent Injury Fund › Part III - Board › Section 10-211 - Legal Adviser

(a)    The Attorney General is the legal adviser to the Board and Fund.
(b)    With the approval of the Board, staff whom the Attorney General assigns to represent the Fund may hire each expert who is needed to defend an action into which the Fund is impleaded.
2023 Maryland Statutes › Labor and Employment › Title 10 - Funds › Subtitle 2 - Subsequent Injury Fund › Part IV - Purpose and Administration of Fund › Section 10-214 - Composition; Use

(a)    The Fund shall consist of:
(1)    the money credited to the Fund under Title 9 of this article;
(2)    income from investments that the State Treasurer makes for the Fund;
(3)    interest on deposits or investments of money from the Fund;
(4)    money that the Fund acquires by gift; and
(5)    money that the federal government pays as reimbursement for a payment from the Fund.
(b)    The Fund shall include each security that the Fund acquires.
(c)    The Fund shall be used to pay:
(1)    each award under Title 9 of this article charged against the Fund; and
(2)    other expenses authorized in the State budget.
2023 Maryland Statutes › Labor and Employment › Title 10 - Funds › Subtitle 2 - Subsequent Injury Fund › Part IV - Purpose and Administration of Fund › Section 10-216 - Administration

(a)    The Board shall supervise the administration of the Fund.
(b)    (1)    The Fund annually shall submit to the Governor a proposed budget for the Fund, for inclusion in the budget bill to be submitted to the General Assembly.
(2)    The proposed budget shall include an appropriation from the Fund for its budget.
2023 Maryland Statutes › Labor and Employment › Title 10 - Funds › Subtitle 2 - Subsequent Injury Fund › Part IV - Purpose and Administration of Fund › Section 10-218 - Disbursements

(a)    Disbursement from the Fund for paying benefits to claimants or dependents shall be made by the Treasurer only on written order of the Workers’ Compensation Commission.
(b)    Disbursement from the Fund for any purpose other than paying benefits shall be made by the Treasurer only at the direction of the Director for the Fund under authority of the Board.
2023 Maryland Statutes › Labor and Employment › Title 10 - Funds › Subtitle 2 - Subsequent Injury Fund › Part IV - Purpose and Administration of Fund › Section 10-219 - Reports

(a)    (1)    As often as the Board requests but at least quarterly, the State Treasurer shall advise the Board about the amount of the Fund in the custody of the State Treasurer.
(2)    The State Treasurer annually shall submit to the Board a statement that, for the preceding calendar year:
(i)    states the balance on January 1;
(ii)    states the income and each source of income;
(iii)    itemizes each payment; and
(iv)    states the balance on December 31.
(b)    On or before October 1 of each year, the Board shall submit to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly an annual report that includes a detailed statement of the balances and expenses of the Fund.
2023 Maryland Statutes › Labor and Employment › Title 10 - Funds › Subtitle 3 - Uninsured Employers' Fund › Part I - Definitions › Section 10-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Board” means the Uninsured Employers’ Fund Board.
(c)    “Fund” means the Uninsured Employers’ Fund.
2023 Maryland Statutes › Labor and Employment › Title 10 - Funds › Subtitle 3 - Uninsured Employers' Fund › Part III - Board › Section 10-308 - Membership

(a)    (1)    The Board consists of 3 members, appointed by the Governor with the advice and consent of the Senate.
(2)    Of the 3 members of the Board:
(i)    1 shall represent labor;
(ii)    1 shall represent management; and
(iii)    1 shall represent the general public.
(b)    Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
(c)    (1)    The term of a member is 4 years.
(2)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(3)    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.
(d)    The Governor may remove a member for incompetence or misconduct.
2023 Maryland Statutes › Labor and Employment › Title 10 - Funds › Subtitle 3 - Uninsured Employers' Fund › Part III - Board › Section 10-309 - Meetings; Compensation; Director; Staff; Appeal of Disciplinary Action

(a)    The Board shall determine the times and places of its meetings.
(b)    Subject to the State budget, each member of the Board is entitled to:
(1)    compensation for each day that the member is engaged in duties of the office; and
(2)    reimbursement for expenses under the Standard State Travel Regulations.
(c)    The Board shall:
(1)    appoint a Director for the Fund; and
(2)    review the Director’s administration of the Fund.
(d)    The Director:
(1)    shall have immediate supervision and direction over the administration of the Fund;
(2)    may employ staff in accordance with the State budget; and
(3)    shall serve as the appointing authority for all staff.
(e)    An employee may appeal a disciplinary action taken by the Director to the Board.
2023 Maryland Statutes › Labor and Employment › Title 10 - Funds › Subtitle 3 - Uninsured Employers' Fund › Part III - Board › Section 10-310 - Legal Adviser

(a)    (1)    The Attorney General is the legal adviser to the Director and Fund.
(2)    The Attorney General may represent the Fund in any case that does not involve the rights of the Fund against another individual who:
(i)    is in the same employ as the employee who received benefits under Title 9 of this article; and
(ii)    caused the injury or death of the employee.
(b)    Staff whom the Attorney General assigns to represent the Fund may not represent another party in a claim under Title 9 of this article.
(c)    Staff whom the Attorney General assigns to represent the Fund may apply to the Director for authority to hire and, within an amount that the Director sets, to pay each expert or witness who is needed to defend a claim properly.
(d)    The Director shall assign to help the staff of the Attorney General each employee of the Fund who is needed to represent the Fund.
2023 Maryland Statutes › Labor and Employment › Title 10 - Funds › Subtitle 3 - Uninsured Employers' Fund › Part IV - Purpose and Administration of Fund › Section 10-314 - Composition; Use

(a)    The Fund shall consist of:
(1)    the money credited to the Fund under Title 9 of this article;
(2)    income from investments that the State Treasurer makes for the Fund; and
(3)    interest on deposits or investments of money from the Fund.
(b)    Subject to subsection (d) of this section, the Director shall use the Fund to pay:
(1)    each award under Title 9 of this article charged against the Fund;
(2)    the amount that the Director authorizes for an expert or witness hired under § 10–310(c) of this subtitle;
(3)    other proper charges that the Director authorizes;
(4)    whenever an employer who is self–insured in accordance with § 9–404 or § 9–405 of this article becomes insolvent, any outstanding obligations of the employer; and
(5)    hearing loss claims for retirees of the Bethlehem Steel Corporation.
(c)    The liability of the Board, Director, Fund, State Treasurer, and State for all proper charges against the Fund is limited to the assets of the Fund.
(d)    Beginning in fiscal year 2021, the Director may use the Fund to pay for the administration of the Fund only if an appropriation is included in the State budget for this purpose.
2023 Maryland Statutes › Labor and Employment › Title 10 - Funds › Subtitle 3 - Uninsured Employers' Fund › Part IV - Purpose and Administration of Fund › Section 10-316 - Administration

(a)    The Director  shall supervise the administration of the Fund.
(b)    (1)    The Fund annually shall submit to the Governor a proposed budget for the Fund, for inclusion in the budget bill to be submitted to the General Assembly.
(2)    The proposed budget shall include an appropriation from the Fund for its budget.
2023 Maryland Statutes › Labor and Employment › Title 10 - Funds › Subtitle 3 - Uninsured Employers' Fund › Part IV - Purpose and Administration of Fund › Section 10-318 - Surplus

(a)    (1)    The State Treasurer shall invest surplus money of the Fund in any security in which a savings bank may invest under State law.
(2)    If the State Treasurer invests in a certificate of deposit, it shall:
(i)    be interest bearing;
(ii)    be issued by:
1.    a bank located and authorized to do business in the State;
2.    a national banking association located in the State; or
3.    a trust company located and authorized to do business in the State; and
(iii)    be secured in full by a pledge of a direct obligation of the State or United States.
(b)    If sale of a security in which money of the Fund is invested is in the best interest of the Fund, the State Treasurer may sell the security.
2023 Maryland Statutes › Labor and Employment › Title 10 - Funds › Subtitle 3 - Uninsured Employers' Fund › Part IV - Purpose and Administration of Fund › Section 10-320 - Annual Reports

(a)    The State Treasurer annually shall submit to the Director for the Fund a statement that:
(1)    for the fiscal year for which the statement is made:
(i)    states the balance of the Fund on the last day of the year;
(ii)    states the income of the Fund; and
(iii)    summarizes the payments from the Fund; and
(2)    states the balance of the Fund on the last day of the preceding fiscal year.
(b)    On or before October 1 of each year, the Board shall submit to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly an annual report that includes a detailed statement of the balances and expenses of the Fund.
2023 Maryland Statutes › Labor and Employment › Title 11 - Division of Workforce Development and Adult Learning › Subtitle 1 - Division Established › Section 11-102 - Establishment; Powers, Duties, and Responsibilities Generally; Purpose

(a)    There is a Division of Workforce Development and Adult Learning within the Maryland Department of Labor.
(b)    The Division has the powers, duties, responsibilities, and functions provided in the laws of this State.
(c)    The Division has the general purpose of advancing the economic welfare of the people by coordinating the State’s public and private resources for adult learning, employment, and job training.
2023 Maryland Statutes › Labor and Employment › Title 11 - Division of Workforce Development and Adult Learning › Subtitle 1 - Division Established › Section 11-103 - Powers and Duties

(a)    The Division shall:
(1)    promote apprenticeship and training programs;
(2)    administer job training, placement, and service programs;
(3)    implement the provisions of the federal Workforce Innovation and Opportunity Act;
(4)    administer adult education and literacy services programs;
(5)    conduct educational and job skills training programs in adult correctional facilities;
(6)    oversee any other units established pursuant to State or federal employment, training, or manpower statutes;
(7)    administer those programs assigned to the Division by law or designated by the Secretary;
(8)    administer any community service employment programs delegated to the State under Title V of the federal Older Americans Act of 1965; and
(9)    adopt regulations to carry out Subtitle 4 of this title.
(b)    The Division shall meet and confer on a regular basis with representatives of the State’s community colleges, appointed by the Maryland Association of Community Colleges, and the adult education community, appointed by the Maryland Association for Adult Continuing and Community Education, to assure that adult education and literacy services and job training activities and resources are effectively coordinated.
(c)    (1)    The Division shall partner with State departments and their exclusive representatives to identify opportunities to create registered apprenticeship programs to help address workforce shortages and the career workforce needs of those departments.
(2)    The Division and Department of Budget and Management shall develop position classifications, which would include incremental salary adjustments, for employees who are selected to participate in the registered apprenticeship programs created under paragraph (1) of this subsection.
(d)    In accordance with the identification of apprenticeship programs under subsection (c) of this section, the Division shall identify opportunities to create registered apprenticeship programs, including goals for the number of apprenticeships registered each year, to help address the career workforce needs of the State.
(e)    On or before June 30 each year, the Division shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, the following information for the immediately preceding calendar year:
(1)    a list of agencies that the Division partnered with to:
(i)    identify workforce shortages; and
(ii)    create registered apprenticeship programs;
(2)    the number and type of registered apprenticeship programs that exist for State positions; and
(3)    the progress in reaching the goals established under subsection (d) of this section.
2023 Maryland Statutes › Labor and Employment › Title 11 - Division of Workforce Development and Adult Learning › Subtitle 1 - Division Established › Section 11-104 - Credit for Employees in County School System or Public Library System Transferred to Department

For the purpose of establishing compensation rates and basic rates for vacation and sick leave credit earnings, professional personnel who were employed by a county school system or the public library system in the State and who are subsequently appointed to positions in the Department to provide services in accordance with Subtitles 8 and 9 of this title shall be given credit as employees of the Department for their years of service as employees of the county school system or the public library system from which they transferred.
2023 Maryland Statutes › Labor and Employment › Title 11 - Division of Workforce Development and Adult Learning › Subtitle 1 - Division Established › Section 11-105 - Pursuit of Federal Grant Money for Apprenticeship Programs

(a)    In this section, “Accountability and Implementation Board” means the Accountability and Implementation Board established under § 5–402 of the Education Article.
(b)    For fiscal years 2022 through 2031, the Division shall pursue federal grant money for apprenticeship programs to be used:
(1)    for grants to apprentice sponsors to create, expand, and improve registered apprenticeship programs; and
(2)    to cover the cost of the State apprenticeship tax credit under § 10–742 of the Tax – General Article.
(c)    On or before December 31, 2021, the Division shall present a 10–year plan to pursue federal grant money under subsection (b) of this section to the Governor’s Workforce Development Board, the Accountability and Implementation Board, and, in accordance with § 2–1257 of the State Government Article, the Senate Budget and Taxation Committee and the House Committee on Ways and Means.
2023 Maryland Statutes › Labor and Employment › Title 11 - Division of Workforce Development and Adult Learning › Subtitle 2 - Retraining of Dislocated Workers › Section 11-201 - Retraining and Placement of Unemployed Hospital Employees

(a)    The Department shall establish a program for the retraining and placement of hospital employees who are unemployed or who may become unemployed as a result of the closing, delicensing, downsizing, or possible downsizing of a hospital or the merging of hospitals under § 19–325 of the Health – General Article.
(b)    The Secretary and the Secretary of Health shall adopt regulations to implement this section.
(c)    There is a Hospital Employees Retraining Fund. The Fund shall be used:
(1)    for the purposes described in this section; and
(2)    to pay any and all expenses of the Department in administering this section.
(d)    Any unexpended funds remaining in the Hospital Employees Retraining Fund at the end of the fiscal year may not revert to the General Fund of the State.
2023 Maryland Statutes › Labor and Employment › Title 11 - Division of Workforce Development and Adult Learning › Subtitle 3 - Economic Stabilization Act › Section 11-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Employee” means an individual who works for an employer for an hourly or salaried wage or in a managerial and supervisory capacity.
(2)    “Employee” does not include individuals who work less than an average of 20 hours per week or have worked for an employer for less than 6 months in the immediately preceding 12 months.
(c)    (1)    “Employer” means any person, corporation, or other entity that employs at least 50 employees and operates an industrial, commercial, or business enterprise in the State.
(2)    “Employer” does not include the State or its political subdivisions or any employer who has been doing business in the State less than 1 year.
(d)    “Permanent” means that an employer has not agreed in a written contract to restore operations within 3 months after the time that the reduction in operations occurs.
(e)    “Reduction in operations” includes:
(1)    the relocation of a part of an employer’s operation from an initial workplace to another existing or proposed site that may reduce the total number of employees at the initial workplace by at least 25% or 15 employees, whichever is greater; or
(2)    the shutting down of a workplace or a portion of the operations of a workplace that reduces the total number of employees by at least 25% or 15 employees, whichever is greater, over any 3–month period.
(f)    (1)    “Workplace” includes a factory, plant, office or other facility where employees produce goods or provide services.
(2)    “Workplace” does not include a construction site or other temporary workplace.
2023 Maryland Statutes › Labor and Employment › Title 11 - Division of Workforce Development and Adult Learning › Subtitle 3 - Economic Stabilization Act › Section 11-302 - Limitations in Application

(a)    This subtitle does not apply to reductions in operations if the reduction:
(1)    results solely from labor disputes;
(2)    occurs in a commercial, industrial, or agricultural enterprise operated by this State or its political subdivisions;
(3)    occurs at construction sites or other temporary workplaces;
(4)    results from seasonal factors that are determined by the Department to be customary in the industry; or
(5)    results when an employer files for bankruptcy under federal bankruptcy laws.
(b)    For the purposes of this subtitle, an employee may not be counted in the determination of a reduction in operations if the employee  accepts an offer to transfer to any other site of employment within 30 days after being offered the transfer.
2023 Maryland Statutes › Labor and Employment › Title 11 - Division of Workforce Development and Adult Learning › Subtitle 3 - Economic Stabilization Act › Section 11-305 - Notice of Reduction in Operations -- Items Included

(a)    Except as provided in subsection (c) of this section, an employer shall provide written notice at least 60 days before initiating a reduction in operations to:
(1)    all employees at the workplace that are subject to the reduction in operations;
(2)    each exclusive representative or bargaining agency that represents the employees at the workplace that are subject to the reduction in operations;
(3)    individuals who work less than 20 hours on average each week or have worked for the employer for less than 6 months in the immediately preceding 12 months at the workplace that is subject to the reduction in operations;
(4)    the Division’s dislocated worker unit; and
(5)    (i)    the chief elected official of the political subdivision where the workplace that is subject to the reduction in operations is located; or
(ii)    if the workplace is located in more than one political subdivision, the chief elected official of the political subdivision to which the employer paid the most taxes for the fiscal year immediately preceding the year in which the reduction in operations occurs.
(b)    The notice required under subsection (a) of this section shall include:
(1)    the name and address of the workplace where the reduction of operations is expected to occur;
(2)    the name, telephone number, and e–mail address of a company official to contact for further information;
(3)    a statement that explains whether the reduction in operations is expected to be permanent or temporary and if the workplace is expected to shut down; and
(4)    the expected date when the reduction in operations will begin.
(c)    (1)    Subject to paragraph (2) of this subsection, an employer is not required to provide written notice if:
(i)    the employer:
1.    was actively seeking capital or business that would have enabled the employer to avoid or postpone the reduction in operations; and
2.    believed that providing the written notice required would have precluded the employer from obtaining the necessary capital or business; or
(ii)    the reduction in operations occurs due to any form of natural disaster such as a flood, an earthquake, or a drought.
(2)    An employer that relies on this subsection shall provide notice as soon as practicable with a brief statement of the basis for not providing written notice at least 60 days before initiating a reduction in operations.
(d)    (1)    Subject to paragraph (2) of this subsection, for a reduction in operations that will result from a sale of part or all of an employer’s business, the notice required under subsection (a) of this section shall be provided both by:
(i)    the seller on or before the effective date of sale; and
(ii)    the purchaser after the effective date of sale.
(2)    An individual who is an employee of the seller as of the effective date of sale shall be considered an employee of the purchaser immediately after the effective date of sale.
2023 Maryland Statutes › Labor and Employment › Title 11 - Division of Workforce Development and Adult Learning › Subtitle 3 - Economic Stabilization Act › Section 11-306 - Noncompliance With Notification Requirements -- Penalty

(a)    If the Secretary, or the Secretary’s designee, determines that an employer has violated § 11–305 of this subtitle, the Secretary, or the Secretary’s designee:
(1)    shall issue an order compelling compliance; and
(2)    may, in the Secretary’s, or the Secretary’s designee’s, discretion, assess a civil penalty of up to $10,000 per day for each day that an employer violated § 11–305 of this subtitle.
(b)    In determining the amount of the penalty, if assessed, the Secretary, or the Secretary’s designee, shall consider:
(1)    the gravity of the violation;
(2)    the size of the employer’s business;
(3)    the employer’s good faith; and
(4)    the employer’s history of violations under this subtitle.
(c)    The assessment of a penalty under subsection (a)(2) of this section shall be subject to the notice and hearing requirements of Title 10, Subtitle 2 of the State Government Article.
2023 Maryland Statutes › Labor and Employment › Title 11 - Division of Workforce Development and Adult Learning › Subtitle 4 - Planned Apprenticeship Standards and Activities › Section 11-401 - Intent, Purposes and Objectives of Subtitle

The intent, purposes and objectives of this subtitle are to:
(1)    encourage the development of an apprenticeship and training system through the voluntary cooperation of management, labor, and interested State agencies in cooperation with other states and the federal government;
(2)    provide for the establishment and furtherance of standards of apprenticeship and training to safeguard the welfare of apprentices and trainees;
(3)    contribute to a healthy economy by aiding in the development and maintenance of a skilled labor force sufficient in numbers and quality to meet the expanding needs of Maryland industry and to attract new industry;
(4)    open to young people the opportunity to obtain training in skilled trades and other on–the–job occupations which will equip them for profitable employment and citizenship;
(5)    establish an apprenticeship and training council and authorize the appointment of a Director;
(6)    set up a program of planned apprenticeship under registered agreements, meeting standards established by the Office of Apprenticeship, U.S. Department of Labor; and
(7)    promote employment opportunities for young people under conditions providing adequate training and reasonable earnings.
2023 Maryland Statutes › Labor and Employment › Title 11 - Division of Workforce Development and Adult Learning › Subtitle 4 - Planned Apprenticeship Standards and Activities › Section 11-402 - Termination of Subtitle

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, §§ 11–403 through 11–405 of this subtitle shall terminate on July 1, 2034.