reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Human Services › Title 11 - Maryland Legal Services Corporation › Subtitle 1 - Definitions; General Provisions › Section 11-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Board” means the Board of Directors of the Maryland Legal Services Corporation.
(c)    “Corporation” means the Maryland Legal Services Corporation.
(d)    “Eligible client” means a person who is unable to afford legal assistance as determined under § 11-603 of this title.
(e)    “Fund” means the Maryland Legal Services Corporation Fund.
(f)    (1)    “Grantee” means a nonprofit organization that:
(i)    is qualified under § 501(c)(3) of the Internal Revenue Code;
(ii)    provides legal assistance to eligible clients; and
(iii)    receives financial assistance under § 11-501 of this title from the Corporation.
(2)    “Grantee” includes:
(i)    the Legal Aid Bureau, Inc.;
(ii)    the Maryland Disability Law Center; and
(iii)    the Maryland Volunteer Lawyers Service, Inc.
(g)    “Internal Revenue Code” means:
(1)    Title 26 of the United States Code; and
(2)    regulations adopted under Title 26 of the United States Code.
(h)    (1)    “Legal assistance” means the legal representation of eligible clients by grantees.
(2)    “Legal assistance” includes:
(i)    training;
(ii)    research;
(iii)    coordination with private attorneys; and
(iv)    other activities necessary to ensure the delivery of quality legal services.
2023 Maryland Statutes › Human Services › Title 11 - Maryland Legal Services Corporation › Subtitle 1 - Definitions; General Provisions › Section 11-102 - Legislative Findings

The General Assembly finds and declares that:
(1)    there is a need to provide equal access to the system of justice for individuals seeking redress of grievances;
(2)    reduction of federal funds has diminished the availability of legal services provided by existing statewide legal services programs;
(3)    there is a need to continue and expand legal assistance to those who would otherwise be unable to afford adequate legal counsel;
(4)    the availability of legal services reaffirms faith in our government of laws;
(5)    the funding of legal assistance programs for those who are unable to afford legal counsel will serve the ends of justice and the general welfare of the public; and
(6)    attorneys providing legal assistance must have full freedom to protect the best interests of their clients in keeping with the Maryland Rules of Professional Conduct and the high standards of the legal profession.
2023 Maryland Statutes › Human Services › Title 11 - Maryland Legal Services Corporation › Subtitle 2 - Organization and Administration of Corporation › Section 11-201 - Established; Purpose

(a)    (1)    There is a Maryland Legal Services Corporation.
(2)    The Corporation is a nonstock corporation.
(b)    The purpose of the Corporation is to receive and distribute funds to grantees that provide legal assistance to eligible clients in civil proceedings or matters.
2023 Maryland Statutes › Human Services › Title 11 - Maryland Legal Services Corporation › Subtitle 2 - Organization and Administration of Corporation › Section 11-202 - Office; Status

(a)    (1)    The Corporation shall maintain:
(i)    its principal office in the State; and
(ii)    a designated agent to accept service of process.
(2)    The Corporation shall file the name and address of the designated agent with the State Department of Assessments and Taxation.
(b)    The Corporation is exempt from any special tax, property tax, recordation tax, or transfer tax imposed by the State or a political subdivision of the State.
(c)    Except as otherwise provided in this title, the Corporation is not a unit or instrumentality of the State.
2023 Maryland Statutes › Human Services › Title 11 - Maryland Legal Services Corporation › Subtitle 2 - Organization and Administration of Corporation › Section 11-203 - Executive Director

(a)    The Board shall appoint an executive director of the Corporation.
(b)    (1)    The executive director is the chief executive officer of the Corporation.
(2)    Subject to this title and policies established by the Board, the executive director has the authority and responsibility for:
(i)    administering the affairs of the Corporation;
(ii)    appointing and removing employees as necessary to carry out the purposes of this title;
(iii)    making grants;
(iv)    entering into contracts;
(v)    exercising powers incident to the office of the executive director; and
(vi)    performing other duties that the Board prescribes.
(c)    The executive director is entitled to a salary as provided in the budget of the Corporation.
(d)    The executive director may be removed by a majority of the Board.
2023 Maryland Statutes › Human Services › Title 11 - Maryland Legal Services Corporation › Subtitle 2 - Organization and Administration of Corporation › Section 11-204 - Employees

(a)    A political test or political qualification may not be used in selecting, appointing, promoting, or taking any other personnel action with respect to an officer, agent, or employee of the Corporation.
(b)    Employees of the Corporation are entitled to salaries as provided in the budget of the Corporation.
(c)    Employees of the Corporation are not employees of the State.
2023 Maryland Statutes › Human Services › Title 11 - Maryland Legal Services Corporation › Subtitle 2 - Organization and Administration of Corporation › Section 11-207 - Annual Report

(a)    (1)    The Corporation shall publish an annual report.
(2)    The Corporation shall submit the annual report to the Governor and, subject to § 2-1257 of the State Government Article, the General Assembly.
(b)    The report shall include a description of services provided.
2023 Maryland Statutes › Human Services › Title 11 - Maryland Legal Services Corporation › Subtitle 2 - Organization and Administration of Corporation › Section 11-208 - Annual Budget

(a)    The executive director shall prepare an annual budget for the Corporation.
(b)    (1)    For informational purposes only, the Corporation shall submit its budget to the General Assembly in conjunction with the budget request of the Judicial Branch of the State government on November 1 of each year.
(2)    The informational budget required under this subsection shall include 3 years of data, including the most recently completed fiscal year, an estimate for the current fiscal year, and an estimate for the next fiscal year, including:
(i)    a summary of total expenditures and the sources of revenue that support that spending;
(ii)    line item expenditure detail for personnel, operating expenses, and grants, including individual grantees;
(iii)    narrative explanation of all revenue and spending changes between the current fiscal year and the next fiscal year;
(iv)    performance measurement data that details the use of funds; and
(v)    detail on the Corporation’s reserve fund, including actual and estimated end of fiscal year balances, transfers to and from the reserve fund, and the policies governing the reserve fund.
2023 Maryland Statutes › Human Services › Title 11 - Maryland Legal Services Corporation › Subtitle 3 - Board of Directors › Section 11-301 - Established; Membership

(a)    There is a Board of Directors of the Corporation.
(b)    (1)    The Board consists of:
(i)    nine voting members appointed by the Governor with the advice and consent of the Senate; and
(ii)    the executive director, who is a nonvoting ex officio member.
(2)    Voting members shall be residents of the State and shall represent the different geographical regions of the State.
(3)    Five voting members shall be lawyers admitted to the Bar in the State and four voting members shall be nonlawyers.
(c)    A voting member of the Board is not an officer or employee of the State.
(d)    (1)    The term of office of a voting member is 3 years.
(2)    At the end of a term a voting member continues to serve until a successor is appointed and qualifies.
(3)    The terms of voting members are staggered as required by the terms provided for members of the Board on October 1, 2007.
(4)    If a vacancy occurs during the term of a voting member, the Governor shall fill the vacancy.
(5)    A voting 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.
(6)    A voting member may not be reappointed for more than 2 consecutive terms immediately following the member’s initial term.
(e)    (1)    A voting member may be removed by a vote of seven members.
(2)    A voting member may only be removed for:
(i)    malfeasance in office;
(ii)    persistent neglect of or inability to discharge duties; or
(iii)    offenses involving moral turpitude.
2023 Maryland Statutes › Human Services › Title 11 - Maryland Legal Services Corporation › Subtitle 4 - Funding › Section 11-402 - Maryland Legal Services Corporation Fund

(a)    There is a Maryland Legal Services Corporation Fund.
(b)    The Administrative Office of the Courts shall administer the Fund.
(c)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(d)    The Fund consists of:
(1)    money deposited to the Fund from the surcharge assessed in civil cases under §§ 7–202 and 7–301 of the Courts Article;
(2)    money distributed to the Fund under § 17–317 of the Commercial Law Article;
(3)    interest on attorney trust accounts paid to the Fund under § 10–303 of the Business Occupations and Professions Article; and
(4)    investment earnings of the Fund.
(e)    The Corporation shall use the Fund to provide funding for civil legal services to indigents under this title.
(f)    The Treasurer shall:
(1)    invest and reinvest the Fund in the same manner as other State funds; and
(2)    credit any investment earnings to the Fund and may not charge interest against the Fund if the average daily net cash balance for the month is less than zero.
(g)    Expenditures from the Fund shall be made in accordance with an appropriation requested by the Judicial Branch of the State government under § 7–108 of the State Finance and Procurement Article and approved by the General Assembly in the State budget or by the budget amendment procedure under § 7–208.1 of the State Finance and Procurement Article.
2023 Maryland Statutes › Human Services › Title 11 - Maryland Legal Services Corporation › Subtitle 4 - Funding › Section 11-405 - Restrictions on Disposition of Corporate Earnings

(a)    (1)    This subsection does not apply to reasonable compensation paid for services rendered to or for the Corporation.
(2)    Net earnings of the Corporation may not inure to the benefit of any individual.
(b)    An individual may not share in the distribution of corporate assets on dissolution of the Corporation.
2023 Maryland Statutes › Human Services › Title 11 - Maryland Legal Services Corporation › Subtitle 4 - Funding › Section 11-406 - Disposition of Assets on Liquidation

On the liquidation, dissolution, or winding up of the Corporation, after payment of the obligations and liabilities of the Corporation, all of the assets of the Corporation shall be transferred to one or more corporations or associations that:
(1)    have a character or purpose similar to the Corporation’s;
(2)    are selected by the Board; and
(3)    qualify under § 501(c)(3) of the Internal Revenue Code.
2023 Maryland Statutes › Human Services › Title 11 - Maryland Legal Services Corporation › Subtitle 4 - Funding › Section 11-407 - Annual Audits

(a)    (1)    The accounts of the Corporation shall be audited annually.
(2)    The audits shall be conducted in accordance with generally accepted auditing standards by an independent certified public accountant.
(b)    (1)    An audit under this section shall be conducted where the accounts of the Corporation are normally kept.
(2)    If owned or in use by the Corporation and necessary to facilitate the audit, the Corporation shall make available to the auditor all:
(i)    books;
(ii)    accounts;
(iii)    financial records;
(iv)    reports;
(v)    files; and
(vi)    other papers or property.
(3)    Full facilities for verifying transactions with the balances and securities held by depositories, fiscal agents, and custodians shall be available to the auditors.
(c)    The report of the annual audit shall:
(1)    be submitted to the Governor, the Department of Budget and Management and, subject to § 2-1257 of the State Government Article, the General Assembly; and
(2)    be available for public inspection during business hours at the principal office of the Corporation.
2023 Maryland Statutes › Human Services › Title 11 - Maryland Legal Services Corporation › Subtitle 4 - Funding › Section 11-408 - Audits by Legislative Auditor

(a)    (1)    The audit authorized by this section is in addition to the annual audit required by § 11-407 of this subtitle.
(2)    For any fiscal year during which State funds are available to finance any portion of the operations of the Corporation, the Legislative Auditor may audit the financial transactions of the Corporation.
(b)    (1)    An audit under this section shall be conducted where the accounts of the Corporation are normally kept.
(2)    If owned or in use by the Corporation and necessary to facilitate the audit, the Corporation shall make available to the Legislative Auditor all:
(i)    books;
(ii)    accounts;
(iii)    financial records;
(iv)    reports;
(v)    files; and
(vi)    other papers or property.
(3)    Full facilities for verifying transactions with the balances and securities held by depositories, fiscal agents, and custodians shall be available to the Legislative Auditor.
(4)    Unless the Legislative Auditor requires a longer period of retention, the items listed in paragraph (2) of this subsection shall remain in the possession and custody of the Corporation for 4 years.
(c)    The legislative audit shall be submitted to the General Assembly and the Governor, with any recommendations the Legislative Auditor considers advisable.
2023 Maryland Statutes › Human Services › Title 11 - Maryland Legal Services Corporation › Subtitle 5 - Grantees › Section 11-502 - Grants

(a)    The Corporation shall ensure that grants and contracts are made to:
(1)    provide the most stable, economical, and effective delivery of legal assistance; and
(2)    provide access to legal assistance to eligible clients in all areas of the State.
(b)    The Corporation may not use a political test or political qualifications to select or monitor a grantee under this title.
(c)    (1)    This subsection does not apply to a suspension or termination of financial assistance or a denial of an application for refunding because of a lack of available funds.
(2)    The Corporation shall prescribe procedures in accordance with this subsection to govern:
(i)    the suspension or termination of financial assistance; and
(ii)    the denial of an application for refunding.
(3)    The procedures shall ensure that financial assistance committed may not be suspended or terminated and an application for refunding may not be denied unless the grantee has been given:
(i)    reasonable notice; and
(ii)    an opportunity for a timely, full, and fair hearing conducted by an independent hearing examiner.
2023 Maryland Statutes › Human Services › Title 11 - Maryland Legal Services Corporation › Subtitle 5 - Grantees › Section 11-503 - Duties of Grantees

(a)    In applying for and spending grant money from the Corporation, grantees shall consider the relative needs for service of clients, particularly the needs of eligible clients who have special difficulties of access to legal services or who have special legal problems, including elderly individuals and individuals with disabilities.
(b)    Funds provided to grantees under this title may not be used:
(1)    to provide legal assistance for a fee-generating case;
(2)    to provide legal assistance for the defense of a criminal prosecution;
(3)    to provide legal assistance in a civil action to a person who has been convicted of a criminal charge if the civil action:
(i)    arises out of an alleged act or failure to act; and
(ii)    is brought against an official of the court or a law enforcement official to challenge the validity of the criminal conviction;
(4)    to influence the issuance, amendment, or revocation of an executive order or similar promulgation by a federal, State, or local unit, or to influence the passage or defeat of legislation by the United States Congress, or by a State or local legislative body, or a State proposal by referendum or petition;
(5)    to contribute to or be made available to a political party or association or the campaign of a candidate for public or party office; or
(6)    to provide representation in a class action suit.
2023 Maryland Statutes › Human Services › Title 11 - Maryland Legal Services Corporation › Subtitle 5 - Grantees › Section 11-504 - Reports and Records

(a)    The Corporation may require a grantee to submit any reports the Corporation considers necessary regarding activities carried out under this title.
(b)    (1)    The Corporation may require grantees to keep records regarding funds provided by the Corporation.
(2)    The Corporation shall have access to the records at all reasonable times to ensure compliance with the grant or contract or the terms and conditions on which financial assistance was provided.
2023 Maryland Statutes › Human Services › Title 11 - Maryland Legal Services Corporation › Subtitle 5 - Grantees › Section 11-505 - Financial Audit or Review

(a)    Each year, the Corporation shall require:
(1)    a financial audit by an independent certified public accountant of each grantee whose grant income from the Corporation in the most recently completed fiscal year was $50,000 or more; or
(2)    a financial review by an independent certified public accountant of each grantee whose grant income from the Corporation in the most recently completed fiscal year was less than $50,000.
(b)    The report of each audit or review shall be:
(1)    submitted to the Governor;
(2)    made available to the Legislative Auditor; and
(3)    kept for at least 5 years at the principal office of the Corporation.
2023 Maryland Statutes › Human Services › Title 11 - Maryland Legal Services Corporation › Subtitle 6 - Legal Services › Section 11-601 - Standards for Quality Service

The Corporation shall seek to ensure that a grantee providing legal assistance to eligible clients:
(1)    maintains the highest quality of service and professional standards;
(2)    preserves attorney-client relationships; and
(3)    protects the integrity of the adversary process from any impairment.
2023 Maryland Statutes › Human Services › Title 11 - Maryland Legal Services Corporation › Subtitle 6 - Legal Services › Section 11-603 - Income Eligibility Limits

(a)    (1)    The Corporation shall establish maximum income levels for client eligibility.
(2)    The income levels shall be based on the financial ability of a client to pay for competent private counsel and all other necessary expenses of representation.
(b)    The maximum income levels established under this section and eligibility guidelines established by each grantee to implement this section shall take into consideration:
(1)    the size of the client’s family;
(2)    cost of living variations, including differences between urban and rural areas;
(3)    the assets and income of the client;
(4)    the fixed debts and medical expenses of the client; and
(5)    other factors relevant to the client’s ability to pay for the legal services the client requires.
(c)    The Corporation may not set the maximum income levels for eligibility under this section at a level greater than 50% of the median family income for the State as certified annually by the United States Department of Health and Human Services.
2023 Maryland Statutes › Human Services › Title 11 - Maryland Legal Services Corporation › Subtitle 7 - Prohibited Acts › Section 11-701 - Fraudulently Obtaining Legal Assistance

(a)    A person may not obtain, attempt to obtain, or aid another person in obtaining or attempting to obtain legal assistance to which the person is not entitled by:
(1)    willfully making a false statement or representation;
(2)    willfully failing to disclose a material change in financial condition;
(3)    impersonating another; or
(4)    any other fraudulent means.
(b)    (1)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
(2)    (i)    A person convicted under this section shall make full restitution of the value of the legal assistance unlawfully received.
(ii)    The person shall be given notice and the opportunity for a hearing on the amount and terms of the payment.
2023 Maryland Statutes › Human Services › Title 11 - Maryland Legal Services Corporation › Subtitle 7 - Prohibited Acts › Section 11-702 - Acts of the Corporation

The Corporation may not:
(1)    participate in litigation, unless:
(i)    the Corporation or a grantee is a party; or
(ii)    a grantee is representing an eligible client in litigation in which the interpretation of this title or a guideline established by the Corporation under this title is an issue;
(2)    interfere with a lawyer’s professional responsibilities to clients under the Maryland Rules of Professional Conduct;
(3)    compete directly or indirectly with any grantee;
(4)    contribute or make available the Corporation’s funds or services to a political party or association or the campaign of a candidate for public or party office;
(5)    except as provided in §§ 501(h) and 4911 of the Internal Revenue Code:
(i)    carry on propaganda or otherwise attempt to influence legislation; and
(ii)    participate or intervene in a political campaign on behalf of a candidate for public office, including publishing or distributing statements;
(6)    notwithstanding any other provision of this title, conduct or carry on activities not authorized for an organization:
(i)    qualified under § 501(c)(3) of the Internal Revenue Code; or
(ii)    to which contributions are deductible under § 170(c)(2) of the Internal Revenue Code.
2023 Maryland Statutes › Insurance › Title 1 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 1-203 - Application of Article to Certificates of Guarantee

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Certificate of guarantee” means an instrument that is issued:
(i)    by a nonprofit association of contractors, or its wholly owned subsidiary that is approved to operate by Calvert County, Charles County, Howard County, Prince George’s County, Montgomery County, St. Mary’s County, or Washington County, as appropriate; and
(ii)    on behalf of a contractor for the purpose of satisfying:
1.    county bond requirements for public improvements; or
2.    other county bond requirements.
(3)    “Contractor” means a person that, for a fixed price, commission, fee, or percentage, undertakes to bid on or accepts or offers to accept orders or contracts to perform or supervise the construction, improvement, or maintenance of a building, structure, or road.
(b)    This article does not apply to a certificate of guarantee.
(c)    Calvert County, Charles County, Howard County, Montgomery County, Prince George’s County, St. Mary’s County, and Washington County:
(1)    may honor certificates of guarantee; but
(2)    are not required under this article to honor certificates of guarantee.
2023 Maryland Statutes › Insurance › Title 1 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 1-203.1 - Utility Providers -- Waiver of Customer Liability

(a)    (1)    In this section the following words have the meanings indicated.
(2)    (i)    “Utility provider” means:
1.    a public or private provider of electricity, gas, water, wastewater, solid waste collection, or similar service; or
2.    a provider of communications services involving the transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals, to a point, or between or among points, by or through an electronic, radio, satellite, cable, optical, microwave, or other medium or method in existence now or in the future, regardless of the protocol used for transmission.
(ii)    “Utility provider” includes cable service, Internet access service, voice over Internet service, telephone or wireless telephone service, and other similar providers.
(3)    “Waiver of customer liability” means an optional agreement:
(i)    between a utility provider and a customer of the utility provider;
(ii)    that is contained in:
1.    the agreement under which the utility provider provides services to the customer; or
2.    a separate agreement between the utility provider and the customer; and
(iii)    under which the utility provider agrees, in return for a specified charge payable by the customer to the utility provider, to waive all or part of the customer’s liability to the utility provider for incurred charges during a defined period in the event of any of the following qualifying events or conditions involving the customer:
1.    call to active military service;
2.    involuntary unemployment;
3.    death;
4.    disability;
5.    hospitalization;
6.    marriage;
7.    divorce;
8.    evacuation;
9.    displacement due to natural disaster or other cause;
10.    qualification for family leave; or
11.    any other similar event or condition.
(b)    Notwithstanding any provision of this article to the contrary, a waiver of customer liability is not considered insurance for purposes of this article.
2023 Maryland Statutes › Insurance › Title 1 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 1-204 - Application of Article to Workers' Compensation Insurance

Except for provisions governing the reporting and investigation of workers’ compensation insurance fraud claims under § 2–201, Title 2, Subtitle 4, and Title 27, Subtitles 4 and 8 of this article, for the purpose of workers’ compensation insurance, this article does not apply to an employer who:
(1)    participates in a governmental self–insurance group under § 9–404 of the Labor and Employment Article; or
(2)    self–insures under § 9–405 of the Labor and Employment Article.
2023 Maryland Statutes › Insurance › Title 1 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 1-205 - Prohibition on Local Certificates, Fees, and Taxes

(a)    A county or municipal corporation of the State may not:
(1)    require an insurer, insurance producer, adjuster, public adjuster, or advisor to obtain a local certificate of authority or certificate of qualification to transact insurance business in that county or municipal corporation; or
(2)    impose a local occupational tax or fee for transacting insurance business.
(b)    This section does not preempt or prevent the taxation and regulation of persons engaged in the bail bond business other than corporate sureties and their insurance producers that are required to be licensed under this article.
2023 Maryland Statutes › Insurance › Title 1 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 1-208 - Oaths

A requirement in this article that a document be under oath means that the document shall be supported by:
(1)    a written statement signed by the individual making it in which the individual solemnly affirms under the penalties of perjury that the contents of the document are true to the best of the individual’s knowledge, information, and belief; or
(2)    a certification of an officer authorized to administer an oath that a named individual made oath that the contents of the document are true to the best of the individual’s knowledge, information, and belief.
2023 Maryland Statutes › Insurance › Title 1 - Definitions; General Provisions › Subtitle 3 - General Criminal Penalty › Section 1-301 - General Criminal Penalty

In addition to any administrative penalty otherwise applicable, a person that willfully violates any provision of this article, with respect to which a greater penalty is not provided by other applicable State law, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100,000.
2023 Maryland Statutes › Insurance › Title 2 - Maryland Insurance Administration › Subtitle 1 - Organization of Administration; General Powers and Duties of Commissioner › Section 2-101 - Insurance Administration

(a)    (1)    There is a Maryland Insurance Administration.
(2)    The Administration is an independent unit of the State government.
(b)    The head of the Administration is the Maryland Insurance Commissioner.
(c)    The Commissioner shall control and supervise the Administration.
2023 Maryland Statutes › Insurance › Title 2 - Maryland Insurance Administration › Subtitle 1 - Organization of Administration; General Powers and Duties of Commissioner › Section 2-102 - Organization of Administration

(a)    (1)    The Commissioner shall establish divisions or sections in the Administration, along the following lines of responsibility:
(i)    life insurance and health insurance;
(ii)    property insurance and casualty insurance;
(iii)    audit and examination;
(iv)    insurance professions;
(v)    consumer affairs; and
(vi)    insurance fraud.
(2)    The Commissioner may:
(i)    establish other areas of responsibility in the Administration; and
(ii)    reorganize or abolish areas of responsibility as necessary to fulfill effectively the duties of the Commissioner.
(b)    The Commissioner shall report to the General Assembly about:
(1)    the initial organizational structure of the Administration; and
(2)    any substantial changes in organizational structure.
(c)    The organization of each division shall be according to functional area and shall be designed for efficiency, service to the public, and effective regulation.
2023 Maryland Statutes › Insurance › Title 2 - Maryland Insurance Administration › Subtitle 1 - Organization of Administration; General Powers and Duties of Commissioner › Section 2-103 - Commissioner

(a)    (1)    The Governor shall appoint the Commissioner with the advice and consent of the Senate.
(2)    The Commissioner shall serve for a term of 4 years.
(3)    The Commissioner is directly responsible to the Governor.
(4)    The Commissioner shall counsel and advise the Governor on all matters assigned to the Administration.
(5)    The Commissioner may be removed by the Governor for:
(i)    malfeasance;
(ii)    incompetence; or
(iii)    failure to carry out the duties of office in a manner consistent with the regulatory purpose and requirements of this article.
(b)    (1)    The Commissioner is responsible for the operation of the Administration.
(2)    The Commissioner shall:
(i)    exercise the powers and perform the duties of the Administration under this article;
(ii)    organize the Administration to function efficiently and to serve the public; and
(iii)    establish, in the Administration, the units necessary for the exercise of the powers and performance of the duties of the Administration.
(c)    The Commissioner shall devote full time to the duties of office.
(d)    The Commissioner is in the executive service of the State Personnel Management System and is entitled to compensation under the Executive Pay Plan in accordance with the State budget.
(e)    The Commissioner shall be covered by a surety bond in the form and amount required by law.
(f)    (1)    The Commissioner shall have a seal of office in the form approved by the Governor.
(2)    The impression and description of the seal shall be filed with the Secretary of State.
2023 Maryland Statutes › Insurance › Title 2 - Maryland Insurance Administration › Subtitle 1 - Organization of Administration; General Powers and Duties of Commissioner › Section 2-105 - Management, Professional, or Technical Employees

(a)    In this section, “Secretary” means the Secretary of Budget and Management.
(b)    All employees of the Administration that serve in a management, professional, or technical capacity are in the executive service, management service, or are special appointments in the State Personnel Management System and serve at the pleasure of the Commissioner.
(c)    In accordance with the State budget, the Commissioner may set the compensation of an employee under subsection (b) of this section in a position that:
(1)    is unique to the Administration;
(2)    requires specific skills or experience to perform the duties of the position; and
(3)    does not require the employee to perform functions that are comparable to functions performed in other units of the Executive Branch of State government.
(d)    The Secretary, in consultation with the Commissioner, shall determine the positions for which the Commissioner may set compensation under subsection (c) of this section.
(e)    (1)    At least 45 days before the effective date of the change, the Commissioner shall submit to the Secretary each change to salary plans that involves increases or decreases in salary ranges other than those associated with routine reclassifications and promotions or general salary increases approved by the General Assembly.
(2)    Reportable changes include creation or abolition of classes, regrading the classes from one established range to another, or creation of new pay schedules or ranges.
(3)    The Secretary shall:
(i)    review the proposed changes; and
(ii)    at least 15 days before the effective date of the proposed changes, advise the Commissioner whether the changes would have an adverse effect on comparable State jobs.
(4)    Failure of the Secretary to respond in a timely manner is not considered a statement of adverse effect.
2023 Maryland Statutes › Insurance › Title 2 - Maryland Insurance Administration › Subtitle 1 - Organization of Administration; General Powers and Duties of Commissioner › Section 2-107 - Conflicts of Interest

(a)    Except as provided in subsection (b) of this section, the Commissioner or a deputy, examiner, assistant, or employee of the Commissioner may not be financially interested in an insurer, insurance agency, or insurance transaction, other than as a policyholder or claimant under a policy.
(b)    The Commissioner may employ or retain an actuary, attorney, or other technician who is similarly employed or retained by insurers or other persons if the individual:
(1)    is independently practicing the profession of the individual; and
(2)    does not have a conflict of interest in the matter for which the individual is employed or retained.
2023 Maryland Statutes › Insurance › Title 2 - Maryland Insurance Administration › Subtitle 1 - Organization of Administration; General Powers and Duties of Commissioner › Section 2-108 - General Powers and Duties of Commissioner. [Effective Until May 18, 2025]

In addition to any powers and duties set forth elsewhere by the laws of the State, the Commissioner:
(1)    has the powers and authority expressly conferred on the Commissioner by or reasonably implied from this article;
(2)    shall enforce this article;
(3)    shall perform the duties imposed on the Commissioner by this article; and
(4)    in addition to examinations and investigations expressly authorized, may conduct examinations and investigations of insurance matters as necessary to fulfill the purposes of this article.
2023 Maryland Statutes › Insurance › Title 2 - Maryland Insurance Administration › Subtitle 1 - Organization of Administration; General Powers and Duties of Commissioner › Section 2-109 - Regulations

(a)    The Commissioner may adopt regulations to:
(1)    carry out this article;
(2)    establish, maintain, and administer reserves under Title 3, Subtitle 2A of the Courts Article; and
(3)    regulate the solicitation by a domestic stock insurer or other person of proxies, consents, and authorizations with respect to equity securities of the domestic stock insurer.
(b)    (1)    The Commissioner shall:
(i)    compile and keep in the office of the Commissioner a set of current regulations adopted under this article; and
(ii)    make a copy of the regulations for anyone who asks for one.
(2)    The Commissioner may set a fee to cover the cost of making and mailing a copy of the current regulations.
(c)    (1)    By regulation, the Commissioner shall establish or direct the establishment of a toll-free telephone number to help consumers with and educate consumers about the purchase of private passenger automobile insurance.
(2)    The Commissioner:
(i)    may not recommend specific insurers or insurance producers; but
(ii)    may provide to callers educational material, including a rate guide and a list of insurers and insurance producers.
(d)    (1)    By regulation, the Commissioner shall establish standards governing the privacy of consumer financial and health information pursuant to Title V of the Federal Financial Services Modernization Act of 1999 (Public Law 106-102).
(2)    The regulations shall be consistent with the provisions of the model regulation adopted by the National Association of Insurance Commissioners entitled “Privacy of Consumer Financial and Health Information Regulation”.
(e)    By regulation, the Commissioner shall establish criteria and a process to allow an individual who is otherwise prohibited from engaging in or participating in the business of insurance under the Federal Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322) to obtain written consent from the Commissioner to engage in or participate in the business of insurance under the federal Act.
(f)    In addition to any other penalty provided, a person that willfully violates a regulation adopted under this article is subject to any applicable penalty under this article for violation of the provision to which the regulation relates.
2023 Maryland Statutes › Insurance › Title 2 - Maryland Insurance Administration › Subtitle 1 - Organization of Administration; General Powers and Duties of Commissioner › Section 2-111 - Records

(a)    The Commissioner shall keep records of official transactions, examinations, investigations, and proceedings of the Commissioner.
(b)    Except as otherwise provided in this article for particular records or insurance filings, the records of the Commissioner and insurance filings in the office of the Commissioner are open to public inspection.
(c)    (1)    On request, the Commissioner shall provide a certificate under seal as to the authority of any person to transact insurance business.
(2)    The certificate of the Commissioner under seal is evidence of the facts contained in it.
2023 Maryland Statutes › Insurance › Title 2 - Maryland Insurance Administration › Subtitle 1 - Organization of Administration; General Powers and Duties of Commissioner › Section 2-112.2 - Health Care Regulatory Assessment

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Carrier” means a person that offers a health benefit plan and is:
(i)    an authorized insurer that provides health insurance in the State;
(ii)    a nonprofit health service plan;
(iii)    a health maintenance organization;
(iv)    a dental plan organization; or
(v)    except for a managed care organization as defined in Title 15, Subtitle 1 of the Health - General Article, any other person that provides health benefit plans subject to regulation by the State.
(3)    (i)    “Health benefit plan” means:
1.    a hospital or medical policy, contract, or certificate, including those issued under multiple employer trusts or associations;
2.    a hospital or medical policy, contract, or certificate issued by a nonprofit health service plan;
3.    a health maintenance organization contract; or
4.    a dental plan.
(ii)    “Health benefit plan” does not include one or more, or any combination of the following:
1.    long-term care insurance;
2.    disability insurance;
3.    accidental travel and accidental death and dismemberment insurance;
4.    credit health insurance;
5.    any insurance, medical policy, or certificate for which payment of benefits is conditioned on a determination of medical necessity made solely by the treating health care provider not acting on behalf of the carrier;
6.    any other insurance, medical policy, or certificate for which payment of benefits is not conditioned on a determination of medical necessity; or
7.    a health benefit plan issued by a managed care organization, as defined in Title 15, Subtitle 1 of the Health - General Article.
(4)    (i)    “Premium” has the meaning stated in § 1-101 of this article to the extent it is allocable to health insurance policies or contracts issued or delivered in this State.
(ii)    “Premium” includes any amounts paid to a health maintenance organization as compensation for providing to members and subscribers the services specified in Title 19, Subtitle 7 of the Health - General Article to the extent the amounts are allocable to this State.
(b)    The Commissioner shall:
(1)    collect a health care regulatory assessment from each carrier for the costs attributable to the implementation of § 2-303.1 of this title and Title 15, Subtitles 10A, 10B, and 10C of this article; and
(2)    deposit the amounts collected under paragraph (1) of this subsection into the Health Care Regulatory Fund established in § 2-112.3 of this subtitle.
(c)    The health care regulatory assessment that is payable by each carrier shall be calculated by taking the total costs under subsection (b)(1) of this section multiplied by the percentage of gross direct health insurance premiums written in the State attributable to that carrier in the prior calendar year.
2023 Maryland Statutes › Insurance › Title 2 - Maryland Insurance Administration › Subtitle 1 - Organization of Administration; General Powers and Duties of Commissioner › Section 2-112.3 - Health Care Regulatory Fund

(a)    In this section, “Fund” means the Health Care Regulatory Fund.
(b)    There is a Health Care Regulatory Fund.
(c)    The purpose of the Fund is to pay all costs and expenses incurred by the Administration related to the implementation of § 2-303.1 of this title and Title 15, Subtitles 10A, 10B, and 10C of this article.
(d)    The Fund shall consist of:
(1)    all revenue deposited into the Fund that is received through the imposition and collection of the health care regulatory assessment under § 2-112.2 of this subtitle; and
(2)    income from investments that the State Treasurer makes for the Fund.
(e)    (1)    Expenditures from the Fund to cover the costs and expenses for the implementation of § 2-303.1 of this title and Title 15, Subtitles 10A, 10B, and 10C of this article may only be made:
(i)    with an appropriation from the Fund approved by the General Assembly in the annual State budget; or
(ii)    by the budget amendment procedure provided for in § 7-209 of the State Finance and Procurement Article.
(2)    (i)    If, in any given fiscal year, the amount of the health care regulatory assessment revenue collected by the Commissioner and deposited into the Fund exceeds the actual expenditures incurred by the Administration for the implementation of § 2-303.1 of this title and Title 15, Subtitles 10A, 10B, and 10C of this article, the excess amount shall be carried forward within the Fund for the purpose of reducing the assessment imposed by the Administration for the following fiscal year.
(ii)    If, in any given fiscal year, the amount of the health care regulatory assessment revenue collected by the Commissioner and deposited into the Fund is insufficient to cover the actual expenditures incurred by the Administration to implement § 2-303.1 of this title and Title 15, Subtitles 10A, 10B, and 10C of this article because of an unforeseen emergency and expenditures are made in accordance with the budget amendment procedure provided for in § 7-209 of the State Finance and Procurement Article, an additional health care regulatory assessment may be made.
(f)    (1)    The State Treasurer is the custodian of the Fund.
(2)    The Fund shall be invested and reinvested in the same manner as State funds.
(3)    The State Treasurer shall deposit payments received from the Commissioner into the Fund.
(g)    (1)    The Fund is a continuing, nonlapsing fund and is not subject to § 7-302 of the State Finance and Procurement Article, and may not be deemed a part of the General Fund of the State.
(2)    No part of the Fund may revert or be credited to:
(i)    the General Fund of the State; or
(ii)    a special fund of the State, unless otherwise provided by law.
2023 Maryland Statutes › Insurance › Title 2 - Maryland Insurance Administration › Subtitle 1 - Organization of Administration; General Powers and Duties of Commissioner › Section 2-113 - Payment of Taxes or Fees in Immediately Available Funds

(a)    Subject to the approval of the Treasurer, the Commissioner may provide by regulation for the payment of unpaid premium taxes or fees owed by an insurer in funds that are immediately available to the State on the date that the payment is due if the total of the unpaid premium taxes or fees is at least $20,000.
(b)    Any regulations adopted under this section shall establish a suitable means for payment in immediately available funds to ensure the availability of those funds to the State on the date that payment is due.
2023 Maryland Statutes › Insurance › Title 2 - Maryland Insurance Administration › Subtitle 1 - Organization of Administration; General Powers and Duties of Commissioner › Section 2-114 - Disposition of Money

(a)    The following money shall be considered general funds of the State:
(1)    except as provided under § 6–107 of this article, revenue received under Title 6, Subtitle 1 of this article;
(2)    all revenue received under §§ 3–324, 4–209, 6–303, and 6–304 of this article; and
(3)    all penalties imposed by the Commissioner, including the following penalties imposed under:
(i)    §§ 4–113(d), 4–212, 10–126(c), 11–232, 14–140, 23–208, 23–506, 26–502, 27–305, and 27–408 of this article; and
(ii)    § 19–730 of the Health – General Article.
(b)    The following money may not be considered general funds of the State and shall be deposited into the Insurance Regulation Fund established under Subtitle 5 of this title:
(1)    all revenue received through the imposition and collection of the assessment fee under Subtitle 5 of this title;
(2)    all revenue received through the imposition and collection of the fees set forth in § 2–112 of this subtitle;
(3)    all revenue received through the imposition and collection of the fraud prevention fee under Title 6, Subtitle 2 of this article;
(4)    all revenue received through the collection of examination expenses under § 2–208 of this title;
(5)    except as provided under subsection (a) of this section, all other fees received through the imposition and collection of fees set forth in this article; and
(6)    income from investments that the State Treasurer makes for the Insurance Regulation Fund.