reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Environment › Title 16 - Wetlands and Riparian Rights › Subtitle 3 - Private Wetlands › Section 16-306 - Judicial Review of Administrative Appeal

(a)    (1)    Any person who has a recorded interest in land affected by any regulation adopted under this subtitle may appeal the regulation or designation of the person’s land as wetland to the circuit court in the county where the land is located.
(2)    The appeal shall be filed within 30 days after the later to occur:
(i)    Notice that the Department’s final adoption of the regulation has been published in the Maryland Register under § 10-114 of the State Government Article; or
(ii)    Notice that the Department’s final adoption of the regulation or designation of the person’s land as wetland has been filed among the land records under § 16-303 of this subtitle.
(b)    (1)    The court shall review the administrative record of the Department’s promulgation of the regulation or designation of the person’s land as wetland.
(2)    The court shall declare the regulation or designation invalid if the court finds that:
(i)    The regulation or designation violates any provision of the United States or Maryland Constitution;
(ii)    The regulation or designation exceeds the statutory authority of the Department; or
(iii)    The Department failed to comply with statutory requirements for adoption of the regulation or designation of the person’s land as wetland.
(c)    If the court finds the regulation is invalid, the court shall enter a finding that the regulation does not apply to the petitioner. However, the finding may not affect any land other than that of the petitioner. The Secretary shall record a copy of the finding among the land records in the county.
(d)    The person who appealed to the circuit court or the Department may appeal the decision of the circuit court to the Court of Special Appeals.
2023 Maryland Statutes › Environment › Title 16 - Wetlands and Riparian Rights › Subtitle 3 - Private Wetlands › Section 16-309 - Judicial Appeal From Decision of Secretary -- Payment of Court Costs of Appeal by State

The court may order the State to pay court costs of any appeal in accordance with the provisions of § 16–306 of this subtitle if the court finds that the financial situation of the person appealing warrants this action.
2023 Maryland Statutes › Environment › Title 16 - Wetlands and Riparian Rights › Subtitle 4 - Lands Formed by Channel Excavation in Sinepuxent, Isle of Wight, and Chincoteague Bays › Section 16-401 - Construction of Subtitle

This subtitle does not affect any past or future accretion to land under private ownership bounding on or surrounded by the waters of the Chincoteague, Isle of Wight, or Sinepuxent Bay.
2023 Maryland Statutes › Environment › Title 16 - Wetlands and Riparian Rights › Subtitle 4 - Lands Formed by Channel Excavation in Sinepuxent, Isle of Wight, and Chincoteague Bays › Section 16-402 - Title to and Use of Land; Patent Restriction

(a)    Any island created or formed within the confines of Sinepuxent, Isle of Wight, or Chincoteague Bay by the dumping or depositing of excavated material from dredging or any other artificial means employed by the State or the United States or both during the construction or maintenance of the Ocean City inlet and the channel in the bays, together with any accretion to any of those islands, in the past or future, are natural resources of the State and title to them is retained for the use of the Department.
(b)    The Commissioner of Land Patents may not issue any patent for land created in the Chincoteague, Isle of Wight, or Sinepuxent Bay.
2023 Maryland Statutes › Environment › Title 16 - Wetlands and Riparian Rights › Subtitle 4 - Lands Formed by Channel Excavation in Sinepuxent, Isle of Wight, and Chincoteague Bays › Section 16-403 - Use of Land for Conservation, Hunting, and Fishing

Subject to the approval of the Board, the Department may use the land described in this subtitle for conservation purposes in the manner and under the regulations the Department deems in the best interest of the State. However, any person who may lawfully hunt or fish in Worcester County may hunt or fish on these lands during the open season for hunting or fishing.
2023 Maryland Statutes › Environment › Title 16 - Wetlands and Riparian Rights › Subtitle 5 - Penalties and Fines › Section 16-501 - Enumeration

(a)    Any person who violates any provision of this title is guilty of a misdemeanor. Unless another penalty is specifically provided elsewhere in this title, the person, upon conviction, is subject to a fine not exceeding $10,000, with costs imposed in the discretion of the court.
(b)    Any person found guilty of a second or subsequent violation of any provision of this title, unless another penalty is specifically provided elsewhere in this title, is subject to a fine not exceeding $25,000, or imprisonment not exceeding 1 year, or both with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is a violation which has occurred within 2 years of any prior violation of this title.
(c)    In addition to any administrative penalty provided in this title, violation of any provision of any permit or license issued under this title or of any regulation adopted by any unit within the Department under the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b) of this section.
(d)    Any person who knowingly violates any provision of this title is liable to the State for restoration of the affected wetland to its condition prior to the violation, if possible. The court shall specify a reasonable time for completion of the restoration.
(e)    (1)    The provisions of this title are enforceable against any person charged with dredging or filling private wetlands without a permit, notwithstanding a defense that pertinent wetlands maps and regulations had not been properly filed among the land records, if the court finds that the person charged had actual notice of the applicable regulatory requirements before the person dredged or filled the private wetlands.
(2)    This subsection shall apply only to dredging or filling activities occurring after July 1, 1981.
2023 Maryland Statutes › Environment › Title 16 - Wetlands and Riparian Rights › Subtitle 5 - Penalties and Fines › Section 16-502 - Civil Action

(a)    (1)    A person who violates any provision of this title or any regulation, permit, license, or order issued under this title shall be liable for a penalty not exceeding $10,000, which may be recovered in a civil action.
(2)    In imposing a penalty under this subsection, the court may consider the factors in § 9-342(b)(2)(ii) of this article and any other relevant factors.
(b)    The circuit court may issue an injunction requiring the person to cease the violation and restore the area unlawfully dredged or filled.
(c)    Before taking any civil action to recover a penalty under subsection (a) of this section, the Department shall provide the person alleged to have violated this title with written notice of the proposed penalty and an opportunity for an informal meeting concerning settlement of the proposed civil action.
2023 Maryland Statutes › Environment › Title 16 - Wetlands and Riparian Rights › Subtitle 5 - Penalties and Fines › Section 16-503 - Violations

(a)    Whenever the Department believes a violation of any provision of this title or any regulation has occurred, the Department shall cause a written complaint to be served upon the alleged violator. The complaint shall specify the provision of law or regulation allegedly violated and the alleged fact that constitutes the violation. Subsequent to or concurrent with service of the complaint as provided in subsection (c) of this section, the Department may issue an order requiring necessary corrective action be taken within the time prescribed in its order.
(b)    Any person named in the order may request in writing a hearing before the Department not later than 10 days after the date the order is served, in which case a hearing shall be scheduled within 10 days from the receipt of the request. A decision shall be rendered within 30 days from the date of the hearing. Notice of a hearing shall be served on the alleged violator in accordance with the provisions of subsection (c) of this section not less than 10 days before the time set for the hearing. The order shall become effective immediately according to its terms upon service.
(c)    Except as otherwise provided, any notice, order, or other instrument issued by or under authority of the Department shall be served in accordance with § 1–204 of this article. Where service is made by mailing, proof of service may be made by the sworn statement or affidavit of the person who mailed the notice, order, or other instrument. The sworn statement or affidavit shall be filed with the Department.
(d)    A verbatim record of the proceedings of hearings may be taken when necessary or advisable by the Department. A subpoenaed witness shall receive the same fees and mileage as in any civil action. If a witness refuses to obey a notice of hearing or subpoena issued under this section, any circuit court, upon the application of the Department, may issue an order requiring the person to appear, testify, or produce evidence as required. The failure to obey a court order may be punished by the court as contempt.
(e)    (1)    A person aggrieved by an order may appeal to the circuit court of the county in which the land is located.
(2)    The court shall review the administrative record of the Department’s order.
(3)    The court shall declare the Department’s order invalid if the court finds that the order:
(i)    Is unconstitutional;
(ii)    Exceeds the statutory authority or jurisdiction of the Department;
(iii)    Results from an unlawful procedure;
(iv)    Is affected by any other error of law;
(v)    Is unsupported by competent, material, and substantial evidence in light of the entire record as submitted; or
(vi)    Is arbitrary or capricious.
2023 Maryland Statutes › Environment › Title 17 - Marine Contractors › Subtitle 1 - Definitions › Section 17-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Board” means the Marine Contractors Licensing Board.
(c)    “Entity” means a business with its principal office in the State that employs more than one individual to provide marine contractor services in the State.
(d)    “License” means a professional license issued by the Board to an individual or entity to perform marine contractor services in the State.
(e)    “Licensed marine contractor” means an individual or entity that has received a license from the Board to perform marine contractor services.
(f)    (1)    “Marine contractor services” means construction, demolition, installation, alteration, repair, or salvage activities located in, on, or under State or private tidal wetlands.
(2)    “Marine contractor services” includes:
(i)    Dredging and filling;
(ii)    The construction, demolition, installation, alteration, repair, or salvage of structures, including boathouses, boat or other personal watercraft lifts or ramps, slips, docks, floating platforms, moorings, piers, pier access structures, pilings, wetland observation platforms, wetland walkways, and wharfs; and
(iii)    The construction, demolition, installation, alteration, repair, or salvage of stabilization and erosion control measures, including revetments, breakwaters, bulkheads, groins, jetties, stone sills, marsh establishments, and beach nourishment or other similar projects.
2023 Maryland Statutes › Environment › Title 17 - Marine Contractors › Subtitle 2 - Marine Contractors Licensing Board › Section 17-202 - Composition; Oath; Term; Removal

(a)    (1)    The Board consists of seven members appointed by the Governor, with the advice of the Secretary, and with the advice and consent of the Senate.
(2)    Of the seven members:
(i)    One shall be employed by the Department;
(ii)    One shall be employed by the Department of Natural Resources;
(iii)    Three shall be licensed marine contractors and shall include:
1.    One from Anne Arundel, Calvert, Charles, Prince George’s, or St. Mary’s counties;
2.    One from Baltimore City, or Baltimore, Cecil, Harford, Kent, or Queen Anne’s counties; and
3.    One from Caroline, Dorchester, Somerset, Talbot, Wicomico, or Worcester counties; and
(iv)    Two shall be private citizens, appointed at large, who represent diverse interests, and shall include:
1.    One from Baltimore City, or Anne Arundel, Baltimore, Calvert, Charles, Harford, Prince George’s, or St. Mary’s counties; and
2.    One from Caroline, Cecil, Dorchester, Kent, Queen Anne’s, Somerset, Talbot, Wicomico, or Worcester counties.
(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 of the Board is 3 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 from the Board for incompetence, misconduct, neglect of duty, or other sufficient cause.
2023 Maryland Statutes › Environment › Title 17 - Marine Contractors › Subtitle 2 - Marine Contractors Licensing Board › Section 17-204 - Meetings; Reimbursement for Expenses; Staff

(a)    The Board shall meet at least twice a year, at the times and places that the Board determines.
(b)    Each member of the Board is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(c)    The Board may employ staff in accordance with the State budget.
2023 Maryland Statutes › Environment › Title 17 - Marine Contractors › Subtitle 2 - Marine Contractors Licensing Board › Section 17-205 - Duties

(a)    The Board may:
(1)    Recommend regulations for adoption by the Secretary to carry out the provisions of this title; and
(2)    Make inquiries and conduct an investigation regarding any applicant for a license.
(b)    The Board shall:
(1)    Carry out the provisions of this title;
(2)    Collect and account for the fees provided for under this title; and
(3)    Keep a current record of all individuals and entities licensed under this title, including:
(i)    The names of individuals and entities that are licensed;
(ii)    The issuance and expiration dates of the licenses; and
(iii)    Any other information that the Board considers appropriate.
2023 Maryland Statutes › Environment › Title 17 - Marine Contractors › Subtitle 2 - Marine Contractors Licensing Board › Section 17-206 - Fees

(a)    (1)    The Board shall set reasonable fees for the issuance and renewal of licenses and other services that the Board provides.
(2)    The fees imposed by the Board shall be set so as to produce funds to approximate the costs of maintaining the Board.
(b)    The Board shall pay all funds collected under this title into the Wetlands and Waterways Program Fund under § 5–203.1 of this article for the administration of the Board.
2023 Maryland Statutes › Environment › Title 17 - Marine Contractors › Subtitle 3 - Licensing › Section 17-301 - License Required; Exceptions

(a)    Except as otherwise provided in this title, a person shall be licensed by the Board as a marine contractor or be employed by an individual or entity that is licensed as a marine contractor before the person may:
(1)    Perform marine contractor services in the State; or
(2)    Solicit to perform marine contractor services in the State.
(b)    An individual, an entity, or a unit of local government may qualify for a license.
(c)    An individual who is employed by an agency of the federal government or the State may perform marine contractor services while in the performance of the duties of their employment without having to obtain a license from the Board under this title.
(d)    A residential or commercial property owner may perform marine contractor services on the property owner’s own property without having to obtain a license from the Board under this title.
(e)    (1)    This subsection applies to an individual who is employed by a county or municipality in the State.
(2)    An individual who performs marine contractor services while in the performance of the duties of their employment is not required to pay a fee for:
(i)    The issuance or renewal of a license; or
(ii)    A test administered by the Board.
(3)    (i)    Except as provided in subparagraph (ii) of this paragraph, an individual may perform marine contractor services while in the performance of the duties of their employment without having to obtain a license from the Board under this title if the individual is performing marine contractor services that:
1.    Would present a de minimis risk to human health or the environment;
2.    Do not require a federal or State permit; and
3.    If the marine contractor services involve an existing structure, do not increase the footprint of the structure.
(ii)    If an individual is performing marine contractor services for the routine maintenance or repair of an existing shore erosion control structure, the individual shall obtain a license from the Board under this title.
2023 Maryland Statutes › Environment › Title 17 - Marine Contractors › Subtitle 3 - Licensing › Section 17-302 - Qualifications of Applicants

(a)    To qualify for a license, an applicant shall meet the requirements of this section and any regulations adopted under this section.
(b)    If the applicant is an entity, the entity shall appoint a member of the entity as the representative member to make the application on behalf of the entity.
(c)    An individual applicant or, if the applicant is an entity, the representative member shall:
(1)    Have at least 2 years of experience as a full–time marine contractor or demonstrate similar contractor experience;
(2)    Pass a written marine contractor test recognized by the Board;
(3)    Have a federal tax identification number; and
(4)    Carry:
(i)    Commercial general liability insurance with a $300,000 total aggregate minimum; and
(ii)    Workers’ compensation insurance, unless exempt by law.
2023 Maryland Statutes › Environment › Title 17 - Marine Contractors › Subtitle 3 - Licensing › Section 17-303 - Applications for License

(a)    (1)    To apply for a license, an applicant shall:
(i)    Submit to the Board an application on the form that the Board provides;
(ii)    Submit the documents required under this section; and
(iii)    Pay to the Board the required application fee set by the Board.
(2)    If the applicant is an entity, the representative member shall complete the application form and otherwise be responsible for the entity’s compliance with this section.
(b)    (1)    If the applicant is an individual, the application form provided by the Board shall require:
(i)    The name of the applicant;
(ii)    The address of the applicant; and
(iii)    The current and previous employment of the applicant relevant to the field of marine contracting.
(2)    If the applicant is an entity, the application form provided by the Board shall require:
(i)    A list of the entity’s owners; and
(ii)    For each entity owner, the same information required regarding an individual applicant under paragraph (1) of this subsection.
(3)    For all applicants, the application form shall require:
(i)    The address of the applicant’s proposed principal place of business and of each proposed branch office;
(ii)    All trade or fictitious names that the applicant intends to use while performing marine contractor services; and
(iii)    As the Board considers appropriate, any other information to assist in the evaluation of:
1.    An individual applicant; or
2.    If the applicant is an entity, any entity member.
(c)    The application form provided by the Board shall contain a statement advising the applicant of the penalties for violation of this title provided under § 17–403 of this title.
(d)    (1)    If the applicant is an individual, the individual shall sign the application form under oath.
(2)    If the applicant is an entity, the representative member of the entity shall sign the application form under oath, and shall provide proof to the Board that the representative member is a member of the entity.
(e)    An applicant for a license shall submit with the application proof of the insurance required under § 17–302(c)(4) of this subtitle.
2023 Maryland Statutes › Environment › Title 17 - Marine Contractors › Subtitle 3 - Licensing › Section 17-305 - Issuance of License

(a)    The Board shall issue a license that is valid for 2 years to any applicant who meets the requirements of this title and any regulation adopted under this title.
(b)    The Board, by regulation, may establish license categories that specify the marine contractor services each license authorizes a licensee to perform.
(c)    The Board shall include on each license that the Board issues:
(1)    The license category;
(2)    The full name of the licensee;
(3)    The license number;
(4)    The location of the principal office and of each branch office if the licensee is an entity;
(5)    The date of issuance of the license;
(6)    The date on which the license expires; and
(7)    The name of the representative member if the licensee is an entity.
2023 Maryland Statutes › Environment › Title 17 - Marine Contractors › Subtitle 3 - Licensing › Section 17-306 - Scope of License to Entity

While a license to an entity is in effect, the license authorizes the entity to:
(1)    Employ as marine contractors individuals who are not licensed marine contractors to provide marine contractor services to the public on behalf of the licensee; and
(2)    Represent itself to the public as a licensed marine contractor entity.
2023 Maryland Statutes › Environment › Title 17 - Marine Contractors › Subtitle 3 - Licensing › Section 17-307 - License Number on Advertising and Large Equipment

A licensed marine contractor shall:
(1)    Include the contractor’s marine contractor license number in all advertising related to the provision of marine contractor services; and
(2)    Prominently display the contractor’s marine contractor license number on all large equipment used in the course of the licensee’s work as a marine contractor.
2023 Maryland Statutes › Environment › Title 17 - Marine Contractors › Subtitle 3 - Licensing › Section 17-308 - Term and Renewal of License

(a)    The Secretary shall adopt regulations to stagger the terms of the licenses.
(b)    A license expires on the date the Secretary sets, in accordance with subsection (a) of this section.
(c)    At least 2 months before a license expires, the Board shall send to the licensee, by first–class mail or electronically, to the last known address of the licensee:
(1)    A renewal application form; and
(2)    A notice that states:
(i)    The date on which the current license expires;
(ii)    The date by which the Board must receive the renewal application for the renewal to be issued and mailed before the license expires; and
(iii)    The amount of the renewal fee.
(d)    Before a license expires, the licensee may renew the license for an additional 2–year term if the licensee:
(1)    Is otherwise entitled to be licensed;
(2)    Pays to the Board:
(i)    The required renewal fee set by the Board; and
(ii)    Any outstanding fees; and
(3)    Submits to the Board:
(i)    Satisfactory evidence of compliance with the continuing education requirements established under subsection (e) of this section;
(ii)    Satisfactory evidence of compliance with the insurance requirements established under § 17–302 of this subtitle;
(iii)    Satisfactory evidence of the resolution of any license violations, suspensions, denials, revocations, or other Board actions taken under this title; and
(iv)    A renewal application on the form that the Board provides.
(e)    (1)    A licensee shall complete 12 hours of continuing education instruction covering marine contractor subject matter approved by the Board.
(2)    (i)    The Board shall approve the substance and form of a continuing education course if the course is:
1.    Offered by a qualified instructor; or
2.    Conducted by an educational institution approved by the Board.
(ii)    The licensee is responsible for the cost of any continuing education course.
(f)    The Board shall renew the license of each licensee who meets the requirements of this section.
2023 Maryland Statutes › Environment › Title 17 - Marine Contractors › Subtitle 3 - Licensing › Section 17-309 - Change of Address or Telephone Number; Addition of Branch Office

Within 5 days after the change, a licensee shall submit to the Board written notice of:
(1)    If the licensee is an individual or entity, any change in the address or telephone number of an existing office or principal place of business; and
(2)    If the licensee is an entity, the addition of a branch office.
2023 Maryland Statutes › Environment › Title 17 - Marine Contractors › Subtitle 3 - Licensing › Section 17-310 - Denial, Refusal to Renew, Suspension or Revocation of License

(a)    Except as otherwise provided in § 10–226 of the State Government Article, and subject to the notice and hearing requirements in subsection (c) of this section, the Board may deny, refuse to renew, suspend, or revoke a license if the applicant or licensee:
(1)    Violates any provision of this title or any regulation adopted under this title;
(2)    Fraudulently or deceptively obtains or attempts to obtain a license for the licensee or for another person;
(3)    Fraudulently or deceptively uses a license;
(4)    Commits any gross negligence, incompetence, or misconduct while practicing marine contractor services;
(5)    Fails to comply with the terms of a tidal wetlands authorization issued under § 16–202 or § 16–307 of this article;
(6)    Violates any provision of, or regulations adopted under, § 16–202 or § 16–307 of this article; or
(7)    In the Chesapeake and Atlantic Coastal Bays Critical Area, as defined under § 8–1802 of the Natural Resources Article, fails to comply with:
(i)    The terms of a State or local permit, license, or approval; or
(ii)    Any State or local law, an approved plan, or other legal requirement.
(b)    The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, established under Title 8, Subtitle 18 of the Natural Resources Article, shall notify the Board of any licensed marine contractor or applicant for a license that fails to comply with any requirement under subsection (a)(7) of this section.
(c)    (1)    Before the Board takes any final action under subsection (a) of this section, the Board shall give the applicant or licensee against whom the action is contemplated notice and the opportunity for a hearing before the Board.
(2)    The Board shall provide notice and hold a hearing in accordance with the Administrative Procedure Act.
(3)    At least 30 days before the hearing, the hearing notice shall be:
(i)    Served personally on the individual; or
(ii)    Sent by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of the individual or entity.
(4)    If, after due notice, the applicant or licensee against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.
(d)    Except as provided under subsection (c) of this section, any person aggrieved by a final decision of the Board may take an appeal as authorized under §§ 10–222 and 10–223 of the State Government Article.
(e)    For purposes of this section, an act or omission of any principal, agent, or employee of an applicant or licensee may be construed to be the act or omission of the applicant or licensee, as well as of the principal, agent, or employee.
2023 Maryland Statutes › Environment › Title 17 - Marine Contractors › Subtitle 4 - Prohibited Acts; Penalties › Section 17-402 - Misrepresentation as Authorized Practitioner

Unless authorized to perform marine contractor services under this title, an individual or entity may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the individual or entity is authorized to perform marine contractor services in the State.
2023 Maryland Statutes › Environment › Title 17 - Marine Contractors › Subtitle 4 - Prohibited Acts; Penalties › Section 17-403 - Penalties

(a)    (1)    A person who violates any provision of this title or any regulation adopted under this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both.
(2)    Each day that a person conducts marine contractor services without a license constitutes a separate offense.
(b)    (1)    In addition to any other sanction under this subtitle, a civil action may be brought against a person for a violation of this title, or any regulation adopted under this title.
(2)    A person may be liable for a civil penalty under this subsection not to exceed $10,000 for each violation.
(c)    Any penalties collected under this section shall be paid into the Wetlands and Waterways Program Fund, established under § 5–203.1 of this article, to be used for the administration of the Board.
2023 Maryland Statutes › Estates and Trusts › Title 1 - Estates of Decedents -- General Provisions › Subtitle 1 - Definitions and Use of Terms; Purposes of Titles 1-12 › Section 1-102 - Verification

(a)    When a writing is required to be verified by this article, verification is sufficient if the writing is signed by the person required to make the verification, and if it contains the representation contained in subsection (b) of this section.
(b)    The form of verification is:
I do solemnly declare and affirm under the penalties of perjury that the contents of the foregoing document are true and correct to the best of my knowledge, information, and belief.
(c)    Every inventory, account, and other document containing recitations of fact must be verified.
2023 Maryland Statutes › Estates and Trusts › Title 1 - Estates of Decedents -- General Provisions › Subtitle 1 - Definitions and Use of Terms; Purposes of Titles 1-12 › Section 1-103 - Notice

(a)    (1)    Unless personal service or some other method of notice is expressly required in this article or by the Maryland Rules, the first notice required to be given a person is sufficient if deposited as first-class mail, postage prepaid, addressed to the addressee at the address last known to the sender.
(2)    At the expense of the estate, the orphans’ court may require or the personal representative may elect to have the first notice given by restricted delivery mail, postage prepaid, return receipt requested, addressed to the addressee at the address last known to the sender, with delivery restricted to the addressee.
(b)    A subsequent notice is sufficient if deposited as first-class mail, postage prepaid, addressed to the same address at which the first notice was received or, after notice in writing from the addressee of a change of address, to his new address.
(c)    If no return receipt is received apparently signed by the addressee, and there is no proof of actual notice, no action taken in a proceeding may prejudice the rights of the person entitled to notice unless proof is made by verified writing to the satisfaction of the court or register that reasonable efforts to locate the addressee and warn him of the pendency of the action have been made.
(d)    If the person to whom notice is sent is a minor or disabled person, and the minority or disability was not known to the sender at the time of the first notice, but was later discovered, any subsequent notice shall be sent to the judicially appointed guardian, if any, or, if none, the parent of the minor or disabled person, or other person who has assumed responsibility for the minor or disabled person.
(e)    (1)    A person, including a guardian or a guardian ad litem, may waive notice by a writing signed by the person or the person’s attorney and filed in the proceeding.
(2)    A personal representative is not required to give notice to himself or herself.
2023 Maryland Statutes › Estates and Trusts › Title 1 - Estates of Decedents -- General Provisions › Subtitle 1 - Definitions and Use of Terms; Purposes of Titles 1-12 › Section 1-105 - Purpose of Titles 1-12; Liberal Construction; Presumptions Rebuttable

(a)    (1)    The purpose of the estates of decedents law is to simplify the administration of estates, to reduce the expenses of administration, to clarify the law governing estates of decedents, and to eliminate any provisions of prior law which are archaic, often meaningless under modern procedure and no longer useful.
(2)    This article shall be liberally construed and applied to promote its underlying purpose.
(b)    Unless otherwise expressly provided, whenever the estates of decedents law states that a fact is presumed, the presumption is rebuttable.
2023 Maryland Statutes › Estates and Trusts › Title 1 - Estates of Decedents -- General Provisions › Subtitle 2 - Determining Relationship › Section 1-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Assisted reproduction” has the meaning stated in § 5–1001 of the Family Law Article.
(c)    “Father” has the meaning stated in § 5–1001 of the Family Law Article.
(d)    “Mother” has the meaning stated in § 5–1001 of the Family Law Article.
2023 Maryland Statutes › Estates and Trusts › Title 1 - Estates of Decedents -- General Provisions › Subtitle 2 - Determining Relationship › Section 1-202 - Surviving Spouse

(a)    A surviving spouse is not:
(1)    A person who has received an absolute divorce from the decedent or whose marriage to the decedent has been validly annulled;
(2)    Except as provided in subsection (b) of this section, a person who has voluntarily appeared in a proceeding in which an absolute divorce between the decedent and the survivor, or an annulment of their marriage was obtained, even though not recognized as valid in this State;
(3)    A person who participates in a marriage ceremony with a third person, after a decree or judgment of divorce or annulment obtained by the decedent; or
(4)    A person who has been convicted of bigamy while married to the decedent.
(b)    Subsection (a)(2) of this section does not apply if the parties to the divorce or annulment subsequently remarry each other.
2023 Maryland Statutes › Estates and Trusts › Title 1 - Estates of Decedents -- General Provisions › Subtitle 2 - Determining Relationship › Section 1-203 - Degree of Relationship -- Civil Law

(a)    Degrees of relationship shall be reckoned according to the method of the civil law by beginning with either of the persons in question, ascending to the common ancestor, and then descending to the other person.
(b)    One degree shall be counted for each step both ascending and descending.
2023 Maryland Statutes › Estates and Trusts › Title 1 - Estates of Decedents -- General Provisions › Subtitle 2 - Determining Relationship › Section 1-205 - Child

(a)    A child includes:
(1)    A legitimate child, an adopted child, and an illegitimate child to the extent provided in §§ 1–206 through 1–208 of this subtitle; and
(2)    A child conceived from the genetic material of a person after the death of the person if:
(i)    The person consented in a written record to use of the person’s genetic material for posthumous conception in accordance with the requirements of § 20–111 of the Health – General Article;
(ii)    The person consented in a written record to be the parent of a child posthumously conceived using the person’s genetic material;
(iii)    The child is born within 2 years of the person’s death; and
(iv)    With respect to any trust, the person was the creator of the trust and the trust became irrevocable on or after October 1, 2012.
(b)    A child does not include a stepchild, a foster child, or a grandchild or more remote descendant.
2023 Maryland Statutes › Estates and Trusts › Title 1 - Estates of Decedents -- General Provisions › Subtitle 2 - Determining Relationship › Section 1-206 - Child of Both Parents

(a)    (1)    A child born or conceived during a marriage is presumed to be the legitimate child of both spouses.
(2)    Except as provided in § 1–207 of this subtitle, a child born at any time after the child’s parents have participated in a marriage ceremony with each other, even if the marriage is invalid, is presumed to be the legitimate child of both parents.
(b)    (1)    A child conceived by means of assisted reproduction during the marriage of the child’s mother with the consent of the mother’s spouse is the legitimate child of both spouses for all purposes.
(2)    Consent of the mother’s spouse is presumed.
(3)    A child conceived by means of assisted reproduction after the death of the mother’s spouse and using the genetic material of the mother’s spouse is the legitimate child of both spouses if the child qualifies as a child of the mother’s spouse under § 1–205(a)(2) of this subtitle.
2023 Maryland Statutes › Estates and Trusts › Title 1 - Estates of Decedents -- General Provisions › Subtitle 2 - Determining Relationship › Section 1-207 - Adopted Child

(a)    (1)    An adopted child shall be treated as a natural child of the child’s adopting parent or parents.
(2)    Except as provided in paragraph (3) of this subsection, on adoption a child may not be considered a child of either natural parent.
(3)    On adoption by the spouse of a natural parent, the child shall still be considered the child of that natural parent.
(b)    A child who has been adopted more than once shall be considered to be a child of the parent or parents who have adopted the child most recently and shall cease to be considered a child of the child’s previous parents.
2023 Maryland Statutes › Estates and Trusts › Title 1 - Estates of Decedents -- General Provisions › Subtitle 2 - Determining Relationship › Section 1-208 - Child of One Parent

(a)    A child born to parents who have not participated in a marriage ceremony with each other is the child of the child’s mother.
(b)    A child born to parents who have not participated in a marriage ceremony with each other is the child of the parent who did not give birth to the child if:
(1)    The parent has been judicially determined to be the child’s father in an action brought under Title 5, Subtitle 10 of the Family Law Article, and that determination has not been modified or set aside; or
(2)    The parent and the child’s mother consented to the conception of the child by means of assisted reproduction with the shared express intent to be the parents of the child, subject to the conditions under § 1–205(a)(2) of this subtitle if the child is conceived after the death of the parent.
(c)    There is a rebuttable presumption that a child born to parents who have not participated in a marriage ceremony with each other is the child of an individual who did not give birth to the child if the individual:
(1)    Has acknowledged himself or herself, in writing, to be a parent of the child;
(2)    Has openly and notoriously recognized the child to be the individual’s child; or
(3)    Has subsequently married the mother and has acknowledged himself or herself, orally or in writing, to be a parent of the child.
2023 Maryland Statutes › Estates and Trusts › Title 1 - Estates of Decedents -- General Provisions › Subtitle 2 - Determining Relationship › Section 1-208.1 - Effect of Presumed Parentage; Rebutting Presumption

(a)    An individual who is the presumed parent of a child under this subtitle shall be considered to be the child’s parent for all purposes, including inheritance, custody and visitation, support obligations, and Child in Need of Assistance proceedings, unless the presumption of parentage is rebutted in accordance with this section.
(b)    (1)    Except as provided in subsection (c) of this section, a presumption of parentage under this subtitle may be rebutted only if a court of competent jurisdiction determines in a written order that it is in the best interest of the child to receive and consider evidence that could rebut the presumption.
(2)    A written order that it is not in the best interest of the child to rebut a presumption of parentage:
(i)    Conclusively establishes that the presumed parent is a parent of the child for all purposes; and
(ii)    May be modified or set aside only on the basis of fraud, mistake, or irregularity.
(c)    An individual who is the putative father of a child in a proceeding under Title 5, Subtitle 10 of the Family Law Article may obtain and use evidence of blood or genetic testing in the proceeding to the extent authorized under Title 5, Subtitle 10 of the Family Law Article to rebut a presumption of parentage under § 1–208(c)(1) or (2) of this subtitle, regardless of whether it is in the best interest of the child.
(d)    Subject to subsections (b) and (c) of this section, a presumption of parentage under this subtitle may be rebutted by:
(1)    Evidence of blood or genetic testing;
(2)    Testimony of the mother, the presumed parent, or another individual, that the presumed parent did not have access to the mother at the time of conception; or
(3)    Any other competent evidence that the presumed parent is not the father of the child.
2023 Maryland Statutes › Estates and Trusts › Title 1 - Estates of Decedents -- General Provisions › Subtitle 2 - Determining Relationship › Section 1-209 - Issue

(a)    In construing all provisions of the estates of decedents law and, unless a contrary intention is indicated, in construing the terms of a will, issue means every living lineal descendant except a lineal descendant of a living lineal descendant.
(b)    A person who is treated as a child of a person pursuant to §§ 1–205 through 1–208 of this subtitle shall be considered for all purposes as:
(1)    A lineal descendant of the person; and
(2)    Except as provided in subsection (a) of this section, a lineal descendant of all persons of whom the person is a lineal descendant.
2023 Maryland Statutes › Estates and Trusts › Title 1 - Estates of Decedents -- General Provisions › Subtitle 2 - Determining Relationship › Section 1-210 - Representation per Stirpes

(a)    When provision is made for representation in this article, the shares shall be determined in accordance with subsections (b) and (c) of this section.
(b)    (1)    In the case of issue of the decedent, the property shall be divided into as many equal shares as there are children of the decedent who survive the decedent and children of the decedent who did not survive the decedent but of whom issue did survive the decedent.
(2)    Each child of the decedent who did survive the decedent shall receive one share and the issue of each child of the decedent who did not survive the decedent but of whom issue did survive the decedent shall receive one share apportioned by applying to the children and other issue of each nonsurviving child of the decedent the pattern of representation provided for in this subsection for the children and other issue of the decedent and repeating that pattern with respect to succeeding generations until all shares are determined.
(c)    (1)    In the case of issue of a parent, grandparent, or great–grandparent of the decedent, the property shall be divided into as many equal shares as there are lineal descendants of either, or of both, of the pair of parents, grandparents, or great–grandparents, as the case may be, of the nearest degree of relationship to the decedent of whom any survived the decedent and who did so survive, and lineal descendants of the same degree who did not survive the decedent but of whom issue did survive the decedent.
(2)    Each lineal descendant of the nearest degree surviving the decedent shall receive one share and the issue of each deceased lineal descendant of that degree who left issue surviving the decedent shall receive one share apportioned in the manner of representation set forth for issue of the decedent in subsection (b) of this section.
2023 Maryland Statutes › Estates and Trusts › Title 1 - Estates of Decedents -- General Provisions › Subtitle 3 - Property Subject to Article › Section 1-301 - All Property of Decedent; Devolution at Death

(a)    All property of a decedent shall be subject to the estates of decedents law, and upon the person’s death shall pass directly to the personal representative, who shall hold the legal title for administration and distribution, without any distinction, preference, or priority as between real and personal property.
(b)    The court may determine questions of title to personal property not exceeding $50,000 in value for the purpose of determining what personal property is properly includable in an estate that is the subject of a proceeding before the court.
2023 Maryland Statutes › Estates and Trusts › Title 1 - Estates of Decedents -- General Provisions › Subtitle 4 - Multiple-Party Accounts › Section 1-401 - Nontestamentary Transfers

(a)    A provision in an account agreement, as defined in § 1–204(b)(2) of the Financial Institutions Article, for a transfer on death is nontestamentary and shall be effective according to the provisions of § 1–204 of the Financial Institutions Article.
(b)    Transfers pursuant to § 1–204 of the Financial Institutions Article are effective in the form and manner prescribed by that section and are not to be considered testamentary.
(c)    Transfers on death pursuant to an operating agreement of a limited liability company or a partnership agreement of a general or limited partnership are effective according to the operating agreement or partnership agreement and are not to be considered testamentary.
2023 Maryland Statutes › Estates and Trusts › Title 2 - The Court › Subtitle 1 - The Probate Court › Section 2-102 - Jurisdiction of Court

(a)    (1)    The court may:
(i)    Conduct judicial probate;
(ii)    Direct the conduct of a personal representative;
(iii)    Summon witnesses; and
(iv)    Issue orders that may be:
1.    Required in the course of the administration of an estate of a decedent; or
2.    Necessary to determine the value or sources of payment of an elective share under § 3–413 of this article.
(2)    The court may not, under pretext of incidental power or constructive authority, exercise any jurisdiction not expressly conferred.
(b)    The court may not establish rules of practice and procedure inconsistent with the Maryland Rules or with any statute.
(c)    An interested person may petition the court to resolve any question concerning an estate or its administration.
(d)    This section may not be construed to limit the court’s authority under § 1–301(b) of this article.
2023 Maryland Statutes › Estates and Trusts › Title 2 - The Court › Subtitle 1 - The Probate Court › Section 2-105 - Plenary Proceeding

(a)    In a controversy in the court, an issue of fact may be determined by the court.
(b)    (1)    At the request of an interested person made within the time determined by the court, the issue of fact may be determined by a court of law.
(2)    When the request is made before the court has determined the issue of fact, the court shall transmit the issue to a court of law.
(c)    After the determination of the issue, whether by the court or after transmission to a court of law, the court shall enter an appropriate judgment or decree.
(d)    This section does not apply where the estate is administered under the jurisdiction of a court having general equity jurisdiction.