reglab/statecodes huggingface dataset:
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 10 - Civil Penalties › Section 10-1001 - Definitions; Considerations in Setting Amount of Penalty

(a)    In this section, “unit” means an officer or other entity in the Executive Branch.
(b)    Unless otherwise provided by statute or regulation, a unit of State government authorized by law to impose a civil penalty up to a specific dollar amount for violation of any statute or regulation shall consider the following in setting the amount of the penalty:
(1)    the severity of the violation for which the penalty is to be assessed;
(2)    the good faith of the violator; and
(3)    any history of prior violations.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 11 - Equal Access to Public Services for Individuals With Limited English Proficiency › Section 10-1101 - Legislative Findings

The General Assembly finds that the inability to speak, understand, or read the English language is a barrier that prevents access to public services provided by State departments, agencies, and programs, and that the public services available through these entities are essential to the welfare of Maryland residents. It is the policy of the State that State departments, agencies, and programs shall provide equal access to public services for individuals with limited English proficiency.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 11 - Equal Access to Public Services for Individuals With Limited English Proficiency › Section 10-1102 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Equal access” means to be informed of, participate in, and benefit from public services offered by a State department, agency, or program, at a level equal to English proficient individuals.
(c)    “Limited English proficiency” means the inability to adequately understand or express oneself in the spoken or written English language.
(d)    “Oral language services” includes various methods to provide verbal information and interpretation such as staff interpreters, bilingual staff, telephone interpreter programs, and private interpreter programs.
(e)    “Program” means all of the operations of a State department, State agency, or any other instrumentality of the State.
(f)    (1)    “Vital documents” means all applications or informational materials, notices, and complaint forms offered by State departments, agencies, and programs.
(2)    “Vital documents” does not include applications and examinations related to the licensure, certification, or registration under the Health Occupations Article, Financial Institutions Article, Business Occupations and Professions Article, and Business Regulation Article within the jurisdiction of the Maryland Department of Health or the Maryland Department of Labor.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 11 - Equal Access to Public Services for Individuals With Limited English Proficiency › Section 10-1103 - Providing Equal Access to Public Services

(a)    Each State department, agency, or program listed or identified under subsection (c) of this section shall take reasonable steps to provide equal access to public services for individuals with limited English proficiency.
(b)    Reasonable steps to provide equal access to public services include:
(1)    the provision of oral language services for individuals with limited English proficiency, which must be through face–to–face, in–house oral language services if contact between the agency and individuals with limited English proficiency is on a weekly or more frequent basis;
(2)    (i)    the translation of vital documents ordinarily provided to the public into any language spoken by any limited English proficient population that constitutes 3% of the overall population within the geographic area served by a local office of a State program as measured by the United States Census; and
(ii)    the provision of vital documents translated under item (i) of this item on a statewide basis to any local office as necessary; and
(3)    any additional methods or means necessary to achieve equal access to public services.
(c)    The provisions of this section shall be fully implemented according to the following schedule:
(1)    on or before July 1, 2003, full implementation by:
(i)    the Department of Human Services;
(ii)    the Maryland Department of Labor;
(iii)    the Maryland Department of Health;
(iv)    the Department of Juvenile Services; and
(v)    the Workers’ Compensation Commission;
(2)    on or before July 1, 2004, full implementation by:
(i)    the Department of Aging;
(ii)    the Department of Public Safety and Correctional Services;
(iii)    the Department of Transportation, not including the Maryland Transit Administration;
(iv)    the Commission on Civil Rights;
(v)    the Department of State Police; and
(vi)    five independent agencies, boards, or commissions, to be determined by the Secretary of Human Services, in consultation with the Office of the Attorney General;
(3)    on or before July 1, 2005, full implementation by:
(i)    the Comptroller of Maryland;
(ii)    the Department of Housing and Community Development;
(iii)    the Maryland Transit Administration;
(iv)    the Department of Natural Resources;
(v)    the Maryland State Department of Education;
(vi)    the Office of the Attorney General; and
(vii)    five independent agencies, boards, or commissions to be determined by the Secretary of Human Services, in consultation with the Office of the Attorney General; and
(4)    on or before July 1, 2006, full implementation by:
(i)    the Department of Agriculture;
(ii)    the Department of Commerce;
(iii)    the Department of Veterans Affairs;
(iv)    the Department of the Environment; and
(v)    five independent agencies, boards, or commissions to be determined by the Secretary of Human Services, in consultation with the Office of the Attorney General.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 11 - Equal Access to Public Services for Individuals With Limited English Proficiency › Section 10-1104 - Providing Equal Access to Public Services -- Entities Not Mentioned in 10-1103(c) of This Subtitle

Each State department, agency, or program not listed or identified under § 10–1103(c) of this subtitle shall monitor its operations to determine if the State department, agency, or program should take reasonable steps under § 10–1103 of this subtitle to achieve equal access to public services for individuals with limited English proficiency.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 11 - Equal Access to Public Services for Individuals With Limited English Proficiency › Section 10-1105 - Equal Access Versions of Websites

(a)    (1)    Except as provided in subsections (b) and (c) of this section, each State department, agency, and program shall provide for each website that may reasonably be expected to be available to and used by members of the general public equal access versions of the website in any language that:
(i)    is spoken by any limited English proficient population that constitutes at least 0.5% of the overall population within the State, as measured by the most recent United States Census; and
(ii)    can be translated free of charge.
(2)    If machine translation services are used to carry out the provisions of paragraph (1) of this subsection, the State department, agency, or program may post conspicuously on its website, a disclaimer that the State department, agency, or program:
(i)    does not guarantee the accuracy or reliability of the translation; and
(ii)    is not liable for any loss or damage arising out of the use of or reliance on the translated content.
(b)    A State department, agency, or program is not required to provide equal access to website content if:
(1)    the State department, agency, or program determines that an inaccurate translation of the content could lead to a denial of services or benefits; or
(2)    the content cannot be translated due to the limitations of machine translation software, including files in PDF format, images, and videos.
(c)    A unit of local government is encouraged to provide equal access versions of websites to the same extent State departments, agencies, and programs are required to under subsection (a) of this section, but may not be required to do so.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 11 - Equal Access to Public Services for Individuals With Limited English Proficiency › Section 10-1106 - Central Coordination and Technical Assistance; Minimum Standards

(a)    The Department of Human Services, in consultation with the Office of the Attorney General and the Department of Information Technology, shall provide central coordination and technical assistance to State departments, agencies, and programs to aid compliance with this subtitle.
(b)    (1)    The Department of Information Technology shall establish minimum standards to which the equal access versions of websites required under § 10–1105 of this subtitle must conform.
(2)    The minimum standards established under paragraph (1) of this subsection shall include a standard regarding the prominent placement of links on the English version of a website to each equal access version of the website.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 13 - Protection of Information by Government Agencies › Section 10-1301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Encryption” means the protection of data in electronic or optical form, in storage or in transit, using a technology that:
(1)    is certified to meet or exceed the level that has been adopted by the Federal Information Processing Standards issued by the National Institute of Standards and Technology; and
(2)    renders such data indecipherable without an associated cryptographic key necessary to enable decryption of such data.
(c)    (1)    “Personal information” means an individual’s first name or first initial and last name, personal mark, or unique biometric or genetic print or image, in combination with one or more of the following data elements:
(i)    a Social Security number;
(ii)    a driver’s license number, state identification card number, or other individual identification number issued by a unit;
(iii)    a passport number or other identification number issued by the United States government;
(iv)    an Individual Taxpayer Identification Number; or
(v)    a financial or other account number, a credit card number, or a debit card number that, in combination with any required security code, access code, or password, would permit access to an individual’s account.
(2)    “Personal information” does not include a voter registration number.
(d)    “Reasonable security procedures and practices” means data security procedures and practices developed, in good faith, and set forth in a written information security policy.
(e)    “Records” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(f)    (1)    “Unit” means:
(i)    an executive agency, or a department, a board, a commission, an authority,  a unit, or an instrumentality of the State; or
(ii)    a county, municipality, bi–county, regional, or multicounty agency, county board of education, public corporation or authority, or any other political subdivision of the State.
(2)    “Unit” does not include a public institution of higher education.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 13 - Protection of Information by Government Agencies › Section 10-1302 - Applicability Limitations

(a)    This subtitle does not apply to personal information that:
(1)    is publicly available information that is lawfully made available to the general public from federal, State, or local government records;
(2)    an individual has consented to have publicly disseminated or listed;
(3)    except for a medical record that a person is prohibited from redisclosing under § 4–302(d) of the Health – General Article, is disclosed in accordance with the federal Health Insurance Portability and Accountability Act; or
(4)    is disclosed in accordance with the federal Family Educational Rights and Privacy Act.
(b)    This subtitle does not apply to the Legislative or Judicial Branch of State government.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 13 - Protection of Information by Government Agencies › Section 10-1303 - Destruction of Records

When a unit is destroying records of an individual that contain personal information of the individual, the unit shall take reasonable steps to protect against unauthorized access to or use of the personal information, taking into account:
(1)    the sensitivity of the records;
(2)    the nature of the unit and its operations;
(3)    the costs and benefits of different destruction methods; and
(4)    available technology.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 13 - Protection of Information by Government Agencies › Section 10-1304 - Security Measures

(a)    To protect personal information from unauthorized access, use, modification, or disclosure, a unit that collects personal information of an individual shall implement and maintain reasonable security procedures and practices that are appropriate to the nature of the personal information collected and the nature of the unit and its operations.
(b)    (1)    This subsection shall apply to a written contract or agreement that is entered into on or after July 1, 2014.
(2)    A unit that uses a nonaffiliated third party as a service provider to perform services for the unit and discloses personal information about an individual under a written contract or agreement with the third party shall require by written contract or agreement that the third party implement and maintain reasonable security procedures and practices that:
(i)    are appropriate to the nature of the personal information disclosed to the nonaffiliated third party; and
(ii)    are reasonably designed to help protect the personal information from unauthorized access, use, modification, disclosure, or destruction.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 13 - Protection of Information by Government Agencies › Section 10-1307 - Requirements for Notice to 1,000 or More Individuals

(a)    If a unit is required under § 10–1305 of this subtitle to give notice of a breach of the security of a system to 1,000 or more individuals, the unit also shall notify, without unreasonable delay, each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis, as defined by 15 U.S.C. § 1681a(p), of the timing, distribution, and content of the notices.
(b)    This section does not require the inclusion of the names or other personal identifying information of recipients of notices of the breach of the security of a system.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 13 - Protection of Information by Government Agencies › Section 10-1308 - Compliance With Federal Privacy Law Provisions Deemed Compliant With Subtitle

A unit or nonaffiliated third party that complies with § 501(b) of the federal Gramm–Leach–Bliley Act; 15 U.S.C. § 6801, § 216 of the federal Fair and Accurate Credit Transactions Act; 15 U.S.C. § 1681w Disposal of Records; the federal Interagency Guidelines Establishing Information Security Standards; and the federal Interagency Guidance on Response Programs for Unauthorized Access to Customer Information and Customer Notice; and any revisions, additions, or substitutions of those enactments, shall be deemed to be in compliance with this subtitle.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 13A - Protection of Personally Identifiable Information by Public Institutions of Higher Education › Section 10-13A-02 - Inapplicable to Certain Personally Identifiable Information -- Compliance With Laws

** TAKES EFFECT OCTOBER 1, 2024 PER CHAPTER 429 OF 2020 **
(a)    This subtitle does not apply to personally identifiable information that:
(1)    is publicly available information that is lawfully made available to the general public from federal, State, or local government records;
(2)    an individual has consented to have publicly disseminated or listed;
(3)    except for a medical record that a person is prohibited from redisclosing under § 4–302(d) of the Health – General Article, is disclosed in accordance with the federal Health Insurance Portability and Accountability Act;
(4)    is disclosed in accordance with the federal Family Educational Rights and Privacy Act;
(5)    is clinical information; or
(6)    is information related to sponsored research.
(b)    Compliance with this subtitle does not authorize a public institution of higher education to fail to comply with any other requirements of State or federal law relating to the protection and privacy of personally identifiable information.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 13A - Protection of Personally Identifiable Information by Public Institutions of Higher Education › Section 10-13A-04 - Investigation of Breaches of Security -- Duties Upon Finding of Occurrence

** TAKES EFFECT OCTOBER 1, 2024 PER CHAPTER 429 OF 2020 **
(a)    If a public institution of higher education collects personally identifiable information of an individual and discovers or is notified of a breach of the security of a system, the public institution of higher education shall conduct in good faith a reasonable and prompt investigation to determine whether the unauthorized acquisition of personally identifiable information of the individual has occurred.
(b)    (1)    If, after the investigation is concluded, the public institution of higher education determines that a breach of the security of the system has occurred, the public institution of higher education or a third party, if authorized under a written contract or agreement with the public institution of higher education, shall:
(i)    notify the individual of the breach; and
(ii)    notify the Chief Information Officer of the public institution of higher education of the breach.
(2)    A notification required under paragraph (1) of this subsection shall include, to the extent possible, a description of the categories of personally identifiable information that were, or are reasonably believed to have been, acquired by an unauthorized person, including which of the elements of personally identifiable information were, or are reasonably believed to have been, acquired.
(3)    If the public institution of higher education determines that a breach of the security of the system has occurred involving the personally identifiable information of 1,000 or more individuals, the public institution of higher education shall post a notice on the same webpage as the privacy notice website of the public institution of higher education:
(i)    describing the breach; and
(ii)    that remains publicly available on the website for at least 1 year from the date on which notice was sent to individuals affected by the breach.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 14 - Licensing -- Controlled Dangerous Substance Offenses › Section 10-1401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Drug crime” means:
(1)    a violation of Title 5 of the Criminal Law Article;
(2)    a violation of Title 12 of the Criminal Procedure Article; or
(3)    a violation of the law of any other jurisdiction if the prohibited conduct would be a violation of Title 5 of the Criminal Law Article or Title 12 of the Criminal Procedure Article if committed in the State.
(c)    (1)    “License” means a license, permit, certification, registration, or other legal authorization:
(i)    issued or granted to an individual by a licensing authority; and
(ii)    required for engaging in employment, an occupation, or a profession.
(2)    “License” includes a commercial driver’s license issued under Title 16, Subtitle 8 of the Transportation Article.
(3)    Except as provided in paragraph (2) of this subsection, “license” does not include:
(i)    a license to drive a motor vehicle issued by the Motor Vehicle Administration under Title 16 of the Transportation Article; or
(ii)    the registration of an agent, issuer agent, or investment advisor representative under the Maryland Securities Act and regulations adopted under that Act.
(d)    “Licensee” means a holder of a license issued by a licensing authority.
(e)    “Licensing authority” means an agency of the State that issues a license.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 14 - Licensing -- Controlled Dangerous Substance Offenses › Section 10-1402 - Disclosure of Convictions

(a)    Except as provided in subsection (d) of this section, as a condition on the issuance or renewal of a license, a licensing authority may require an individual applying for a license to disclose whether the individual has been convicted of a drug crime committed on or after January 1, 1991.
(b)    Subject to § 10–1405 of this subtitle, if an individual applying for a license has been convicted of a drug crime committed on or after January 1, 1991, a licensing authority may:
(1)    refuse to issue a license to the individual; or
(2)    issue a license to the individual subject to any terms and conditions that the licensing authority considers appropriate under § 10–1404 of this subtitle.
(c)    A licensing authority may suspend or revoke a licensee’s license if the licensee fails to disclose information that the licensing authority requires under subsection (a) of this section, unless the licensee shows good cause for the failure to disclose.
(d)    If a licensing authority, on or before January 1, 1990, required an applicant for an initial license or a license renewal to disclose a criminal record or prior offense related to a controlled dangerous substance, this section may not be construed to prohibit the licensing authority from:
(1)    continuing to require an applicant to disclose a criminal record or prior offense related to a controlled dangerous substance, regardless of the date of the offense; and
(2)    taking any action authorized by law, including refusing to issue a license, if the applicant:
(i)    discloses a criminal record or prior offense related to a controlled dangerous substance; or
(ii)    wrongfully conceals a criminal record or prior offense related to a controlled dangerous substance.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 14 - Licensing -- Controlled Dangerous Substance Offenses › Section 10-1403 - Imposition of Probation, Suspension, Revocation, and Other Sanctions

Subject to § 10–1405 of this subtitle, if a licensing authority receives notification under § 5–810 of the Criminal Law Article that a licensee has been convicted of a drug crime committed on or after January 1, 1991, the licensing authority may:
(1)    (i)    reprimand the licensee;
(ii)    place the licensee on probation for a reasonable period of time; or
(iii)    suspend or revoke the license;
(2)    assess the licensee, in accordance with applicable regulations, all or part of the cost of any disciplinary proceeding and sanction; or
(3)    impose any other sanction or take any other action authorized by law.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 14 - Licensing -- Controlled Dangerous Substance Offenses › Section 10-1404 - Conditions of Probation

(a)    If a licensee is placed on probation under § 10–1402 or § 10–1403 of this subtitle, the licensing authority may:
(1)    require the licensee to submit to periodic drug testing during the period of probation;
(2)    require the licensee to participate in appropriate counseling or treatment; and
(3)    impose any other reasonable term or condition of probation.
(b)    If a licensee who is on probation violates any condition of probation, the licensing authority may:
(1)    revoke the probation;
(2)    suspend or revoke the licensee’s license; or
(3)    impose additional terms of probation.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 14 - Licensing -- Controlled Dangerous Substance Offenses › Section 10-1405 - Procedures

(a)    (1)    Except as provided in paragraph (2) of this subsection, a licensing authority shall comply with Subtitle 2 of this title before taking any action under this subtitle:
(i)    in regard to an initial license application or an application for a license renewal; or
(ii)    against a licensee.
(2)    The Maryland Rules shall govern in the case of a lawyer or an applicant for admission to the bar.
(b)    In deciding whether to deny an application for a license or whether to impose license sanctions against a licensee and the nature of the sanctions, a licensing authority shall consider:
(1)    the relationship between the drug crime and the license, including:
(i)    the licensee’s ability to perform the tasks authorized by the license; and
(ii)    whether the public will be protected if:
1.    in the case of an applicant, the license is issued; or
2.    in the case of a licensee, the license is not suspended or revoked;
(2)    the nature and circumstances of the drug crime;
(3)    the date of the drug crime, if an individual is applying for a license or license renewal; and
(4)    any other relevant information.
(c)    If a licensing authority decides that sanctions against a licensee may be appropriate, before imposing sanctions the licensing authority:
(1)    shall consider the impact any sanctions may have on third persons; and
(2)    to protect the rights of innocent third persons, may take any action that is in the interests of justice and that is not inconsistent with this subtitle.
(d)    If a licensing authority decides to suspend or revoke a license, the licensing authority may grant the licensee a reasonable time period to complete any existing contracts.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 14 - Licensing -- Controlled Dangerous Substance Offenses › Section 10-1406 - Commercial Drivers' Licenses

(a)    If an individual who is convicted of a drug crime committed on or after January 1, 1991, holds a commercial driver’s license, the Motor Vehicle Administration may disqualify the individual from driving a commercial motor vehicle or take any other action authorized under this subtitle.
(b)    If the Motor Vehicle Administration disqualifies an individual from driving a commercial motor vehicle under this subtitle, the Motor Vehicle Administration shall issue a noncommercial driver’s license to the individual if:
(1)    the individual surrenders the commercial driver’s license; and
(2)    the individual’s driving privilege is not otherwise refused, suspended, revoked, or canceled in the State or any other state.
(c)    This section may not be construed to limit the authority of the Motor Vehicle Administration to disqualify an individual from driving a commercial motor vehicle or taking any other action required or authorized under the Maryland Vehicle Law.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 15 - Open Data › Section 10-1501 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Council” means the Council on Open Data.
(c)    (1)    “Data” means final versions of statistical or factual information that:
(i)    are in alphanumeric or geospatial form reflected in a list, table, graph, chart, map, or other nonnarrative format that can be digitally transmitted or processed;
(ii)    are regularly created or maintained by or on behalf of a governmental entity; and
(iii)    record a measurement, transaction, or determination or provide information on government services, initiatives, and resources related to the mission of the covered governmental entity.
(2)    “Data” does not include draft versions of statistical or factual information that are used for internal analysis by a governmental entity.
(d)    “Data portal” means a website where governmental entities can post data sets and other data as identified by the Council.
(e)    “Data set” means a named collection of related records maintained on a storage device, with the collection containing data organized or formatted in a specific or prescribed way.
(f)    “Governmental entity” means a State or local entity.
(g)    (1)    “Local entity” means a county, municipal corporation, bicounty or multicounty agency, public authority, special taxing district, or other political subdivision or unit of a political subdivision of this State.
(2)    “Local entity” includes boards of education and library boards that receive funding from the State.
(h)    “Mapping and geographic information systems portal” means a website that provides:
(1)    data regarding services provided by and policy initiatives of governmental entities; and
(2)    other data provided in geospatial form as identified by the Council.
(i)    (1)    “Open data” means data that, consistent with any applicable laws, rules, regulations, ordinances, resolutions, policies, or other restrictions including requirements or rights associated with the data, a State entity:
(i)    has collected; and
(ii)    is permitted, required, or able to make available to the public.
(2)    “Open data” includes contractual or other legal orders, restrictions, or requirements.
(3)    “Open data” does not include data that if made public would:
(i)    violate another law or regulation that prohibits the data from being made public;
(ii)    endanger the public health, safety, or welfare;
(iii)    hinder the operation of government, including criminal and civil investigations;
(iv)    impose an undue financial, operational, or administrative burden on a State entity; or
(v)    disclose proprietary or confidential information.
(j)    “Open data portal” means a mapping and geographic information systems portal or data portal.
(k)    “State entity” means a department, a board, a commission, an agency, or a subunit in the Executive Branch of State government.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 15 - Open Data › Section 10-1504 - Duties of Council

(a)    The Council shall promote the policy established under § 10–1502 of this subtitle by:
(1)    providing guidance and policy recommendations and when appropriate recommend legislation and regulations for:
(i)    procedures, standards, and other deliverables for open data, including for open data portals;
(ii)    promotion, advertising, and marketing of open data; and
(iii)    best practices for sharing open data while taking into account privacy and security concerns;
(2)    coordinating the appropriate staff at each State entity for the development, maintenance, and use of open data and open data portals;
(3)    (i)    identifying the collective cost of operating and investing in open data and funding mechanisms to support open data; and
(ii)    advising the Governor and General Assembly on budget matters related to open data;
(4)    inviting and encouraging local entities and the legislative and judicial branches to:
(i)    use open data portals established by State entities;
(ii)    create their own open data portals; and
(iii)    adopt policies consistent with the policy established under § 10–1502 of this subtitle;
(5)    establishing a plan for providing all open data to the public at no cost;
(6)    advocating for sound records management and data preservation practices; and
(7)    making recommendations to ensure that the purchase of new data processing devices, systems, and software by the State includes a review of compliance with the open data policy established under § 10–1502 of this subtitle and interoperability with current technology used by the State.
(b)    On or before January 10 of each year, the Council shall report to the Governor and the General Assembly, in accordance with § 2–1257 of this article, on the activities of the Council for the previous year and any recommendations for legislation.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 16 - Maryland Uniform Electronic Legal Materials Act › Section 10-1601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(c)    “Legal material” means, whether or not in effect, the following:
(1)    the Maryland Constitution;
(2)    the Session Laws;
(3)    the Code of Maryland;
(4)    the Maryland Rules;
(5)    the Journal of the Senate of Maryland;
(6)    the Journal of the House of Delegates of Maryland;
(7)    a reported decision of:
(i)    the Court of Appeals; or
(ii)    the Court of Special Appeals;
(8)    an opinion issued by the Office of the Attorney General;
(9)    the Code of Maryland Regulations;
(10)    a final decision in a contested case issued by a unit of State government under the Administrative Procedure Act; or
(11)    the Maryland Register.
(d)    “Official publisher” means:
(1)    for the Maryland Constitution, the Department of Legislative Services;
(2)    for the Session Laws, the Department of Legislative Services;
(3)    for the Code of Maryland, the Department of Legislative Services;
(4)    for the Maryland Rules, the Court of Appeals;
(5)    for the Journal of the Senate of Maryland, the Department of Legislative Services;
(6)    for the Journal of the House of Delegates of Maryland, the Department of Legislative Services;
(7)    for a reported decision of a court listed in subsection (c)(7) of this section, the Court of Appeals;
(8)    for an opinion issued by the Office of the Attorney General, the Office of the Attorney General;
(9)    for the Code of Maryland Regulations, the Division of State Documents;
(10)    for a final decision in a contested case, the unit of State government that issued the decision; or
(11)    for the Maryland Register, the Division of State Documents.
(e)    “Publish” means to display, present, or release to the public, or cause to be displayed, presented, or released to the public, by the official publisher.
(f)    “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(g)    “Unit” means an executive agency, a department, a board, a commission, or any other instrumentality of the State.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 16 - Maryland Uniform Electronic Legal Materials Act › Section 10-1602 - Applicability of Subtitle

This subtitle applies to all legal material in an electronic record that is:
(1)    designated as official under § 10–1603 of this subtitle; and
(2)    first published electronically on or after October 1, 2017.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 16 - Maryland Uniform Electronic Legal Materials Act › Section 10-1603 - Publication in Electronic and Other Formats

(a)    If an official publisher publishes legal material only in an electronic record, the official publisher shall:
(1)    designate the electronic record as official; and
(2)    comply with §§ 10–1604, 10–1606, and 10–1607 of this subtitle.
(b)    An official publisher that publishes legal material in an electronic record and in a record other than an electronic record may designate the electronic record as official if the publisher complies with §§ 10–1604, 10–1606, and 10–1607 of this subtitle.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 16 - Maryland Uniform Electronic Legal Materials Act › Section 10-1604 - Authentication

(a)    An official publisher of legal material in an electronic record that is designated as official under § 10–1603 of this subtitle shall authenticate the electronic record.
(b)    To authenticate an electronic record under subsection (a) of this section, the official publisher shall provide a method for a user to determine that the electronic record received by the user from the official publisher is unaltered from the official electronic record published by the official publisher.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 16 - Maryland Uniform Electronic Legal Materials Act › Section 10-1605 - Presumption of Authenticity

(a)    Legal material in an electronic record that is authenticated under § 10–1604 of this subtitle is presumed to be an accurate copy of the legal material.
(b)    If another state has adopted a law substantially similar to this subtitle, legal material in an electronic record that is designated as official and authenticated by the official publisher in that state is presumed to be an accurate copy of the legal material.
(c)    A party contesting the authentication of legal material in an electronic record authenticated under § 10–1604 of this subtitle has the burden of proving by a preponderance of the evidence that the record is not authentic.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 16 - Maryland Uniform Electronic Legal Materials Act › Section 10-1606 - Preservation and Security of Record

(a)    An official publisher of legal material in an electronic record that is or was designated as official under § 10–1603 of this subtitle shall provide for the preservation and security of the record in an electronic form or a form that is not electronic.
(b)    If legal material is preserved under subsection (a) of this section in an electronic record, the official publisher shall:
(1)    ensure the integrity of the record;
(2)    provide for backup and disaster recovery of the record;
(3)    ensure the continuing usability of the material; and
(4)    deliver a copy to the State Archives.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 16 - Maryland Uniform Electronic Legal Materials Act › Section 10-1608 - Considerations for Implementation

In implementing this subtitle, an official publisher of legal material in an electronic record shall consider:
(1)    standards and practices of other jurisdictions;
(2)    the most recent standards regarding the authentication of, preservation and security of, and public access to legal material in an electronic record and other electronic records, as adopted by national standard–setting bodies;
(3)    the needs of users of legal material in an electronic record;
(4)    the view of governmental officials and entities and other interested persons; and
(5)    to the extent practicable, methods and technologies for the authentication of, preservation and security of, and public access to legal material that are compatible with methods and technologies used by other official publishers in the State and in other states that have adopted a law substantially similar to this subtitle.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 16 - Maryland Uniform Electronic Legal Materials Act › Section 10-1610 - Construction With Federal Law

(a)    Except as provided in subsection (b) of this section, this subtitle modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act.
(b)    This subtitle does not:
(1)    modify, limit, or supersede 15 U.S.C. § 7001(c); or
(2)    authorize electronic delivery of any of the notices described in 15 U.S.C. § 7003(b).
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 1 - Definitions; General Provisions › Section 11-101 - Definitions

(a)    Unless the context requires otherwise, in this title the following words have the meanings indicated.
(b)    “Applicant” means a person or governmental unit that applies for a development permit.
(c)    “Coordinator” means the State Permit Coordinator.
(d)    “Development permit” means a permit for a development project.
(e)    “Development project” means a proposed construction or development for which more than 1 permit is required.
(f)    “Governmental unit” includes:
(1)    the State;
(2)    a county, municipal corporation, or other political subdivision of the State; and
(3)    a unit of a political subdivision of the State.
(g)    “Local government” means:
(1)    a county;
(2)    a municipal corporation in the State; or
(3)    a unit of a county or municipal corporation in the State.
(h)    (1)    “Permit” means a certificate, license, or other document of approval or permission required to be obtained from a local government or a State unit.
(2)    “Permit” does not include:
(i)    an action on a comprehensive zoning application;
(ii)    an action on an application for a zoning map amendment, zoning special exception, zoning variance, or conditional zoning use; or
(iii)    an occupational license or operating permit.
(i)    (1)    “State unit” means a unit of the State government.
(2)    Except as provided in paragraph (3) of this subsection, “State unit” includes:
(i)    a unit in a principal department of the Executive Branch of the State government; and
(ii)    the governing body of a single county or multicounty district or authority.
(3)    “State unit” does not include:
(i)    the Board of Review of a principal department;
(ii)    the governing body of a local government; or
(iii)    a unit that a local government creates.
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 1 - Definitions; General Provisions › Section 11-102 - Findings; Statement of Purpose

(a)    The General Assembly finds that:
(1)    the varying and time consuming procedures in obtaining necessary development permits from local governments and State units placed onerous burdens on persons or governmental units undertaking development projects;
(2)    the former methods for permitting public comment on development projects were cumbersome and time consuming, placed undue hardship on members of the public, and inhibited the public’s ability to present its views to local governments and State units granting development permits; and
(3)    it is desirable to ensure prompt, reasonable, and decisive action on development permits and to provide for a consolidation of the fact-finding processes involved in issuing development permits to:
(i)    eliminate unnecessary delay, unreasonable expense, and duplication of effort in obtaining necessary development permits, in order to foster development projects that are in the economic, social, and environmental interest of the citizens of the State; and
(ii)    remove impediments to the effective expression of public comment on these development projects, in order to safeguard against the approval of development projects that are not in the economic, social, and environmental interest of the citizens of the State.
(b)    The purposes of this title are to coordinate and to expedite administrative decision making by:
(1)    consolidating application procedures to help those persons or governmental units that must obtain development permits from 1 or more local governments and State units;
(2)    consolidating hearings to help local governments and State units in obtaining all relevant information as to applications on which they must act; and
(3)    requiring action on all applications for development permits within a reasonable time, whether or not subject to consolidated procedures.
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 1 - Definitions; General Provisions › Section 11-103 - Scope of Title

(a)    (1)    This title applies only to a development project and only through the completion of a final action under § 11–520 of this title.
(2)    This title does not apply to an application for a renewal, amendment, or extension of a development permit.
(b)    (1)    This title applies to the procedures of the Maryland–National Capital Park and Planning Commission for a subdivision or site review to the same extent that this title applies to the procedures of any local government.
(2)    Except as otherwise provided in this subsection, this title does not affect any exclusive jurisdiction granted by law to a local government or State unit to act on an application for a particular type of development permit, and a local government or State unit that has power to grant development permits may exercise the power free from interference by another unit.
(3)    The coordinator may inquire as to any application for a development permit and may set a time limit for action to issue or deny a development permit, if the application has not been acted on within the prescribed time.
(4)    The procedures set forth in this title are exclusive and shall prevail over any inconsistent law or order.
(c)    This title does not affect the authority of a local government or State unit to set and to collect an application, permit, or other fee, and the fee shall be paid in accordance with the law and procedures relating to that fee.
(d)    This title does not affect the authority of the Department of Planning under Title 5 of the State Finance and Procurement Article.
(e)    This title does not apply to the construction of:
(1)    an electric generating station; or
(2)    an overhead transmission line designed to carry more than 69,000 volts.
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 1 - Definitions; General Provisions › Section 11-104 - Conflicts With Federal Requirements

(a)    A provision of this title that conflicts with a federal requirement for the grant of federal funds to a local government, to the State, or to a State unit is inoperative to the extent of the conflict and with respect to a unit that the conflict directly affects.
(b)    To the extent necessary to comply with a conflicting federal requirement, a local government or State unit may modify a notice, timing, hearing, or related procedural requirement of this title.
(c)    To the extent necessary to comply with a federal requirement, if a development permit is issued jointly by a State unit and the federal government, the State unit may modify a notice, timing, hearing, or related procedural requirement of this title.
2023 Maryland Statutes › State Government › Title 11 - Consolidated Procedures for Development Permits › Subtitle 3 - State Permit Coordinator › Section 11-302 - Duties of Coordinator

(a)    The Coordinator shall:
(1)    coordinate the administration of this title;
(2)    perform the duties set forth in this title; and
(3)    carry out the purposes of this title.
(b)    The Coordinator shall keep copies of the regulations and application forms that relate to the issuance of development permits by each State unit.
(c)    (1)    On request, the Coordinator shall give a person or governmental unit proposing a development project:
(i)    advice about each development permit that is required for the development project; and
(ii)    relevant information about the procedures for obtaining the development permit.
(2)    Advice that the Coordinator gives does not constitute a waiver of any requirement for a development permit or of any condition or procedure for the issuance of the development permit.