reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Business Regulation › Title 1 - Definitions; General Provisions › Subtitle 4 - Trademarks, Service Marks, and Trade Names › Section 1-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Applicant” includes:
(1)    the owner of a mark, including an individual, an organization, or a company, who submits an application for registration of the mark under this subtitle; and
(2)    an assignee, a legal representative, or a successor of a person who submits an application for registration of a mark under this subtitle.
(c)    “Mark” means a logo, slogan or tag line, program name, brand name that is different from the business name, name, symbol, word, or combination of 2 or more of these that a person:
(1)    places on goods that the person sells or distributes, a container of the goods, a display associated with the goods, or a label or tag affixed to the goods to identify those goods that the person makes or sells and to distinguish them from goods that another person makes or sells; or
(2)    displays or otherwise uses to advertise or sell services that the person performs to identify those services that the person performs and to distinguish them from services that another person performs.
(d)    “Person” includes a governmental entity or unit or instrumentality of a governmental entity.
(e)    “Registrant” includes an assignee, legal representative, or successor of a person who registers a mark under this subtitle.
(f)    “Trade name” means a name, symbol, word, or combination of 2 or more of these that a person uses to identify the business or occupation of the person and to distinguish it from the business or occupation of another person.
2023 Maryland Statutes › Business Regulation › Title 1 - Definitions; General Provisions › Subtitle 4 - Trademarks, Service Marks, and Trade Names › Section 1-404 - Registration Authorized

(a)    If a person uses a mark in the State, the person may register the mark in accordance with this subtitle.
(b)    A person may not register a mark that:
(1)    is deceptive, immoral, or scandalous;
(2)    may disparage, falsely suggest a connection with, or bring into contempt or disrepute:
(i)    a belief;
(ii)    an individual, living or dead;
(iii)    an institution; or
(iv)    a national symbol;
(3)    is, simulates, or includes a coat of arms, flag, or other insignia of a government;
(4)    is or includes the name, portrait, or signature of a living individual, except with the written consent of the individual; or
(5)    is likely, when applied to the goods or services of the person, to confuse or deceive because the mark resembles:
(i)    another mark registered in the State; or
(ii)    a mark or trade name that another person has used in the State and has not abandoned.
(c)    (1)    Unless the mark has become distinctive of the person’s goods or services, a person may not register a mark that:
(i)    only describes or deceptively misdescribes goods or services;
(ii)    primarily describes or deceptively misdescribes the geographic origin of goods or services; or
(iii)    is primarily an individual’s name or surname.
(2)    As evidence that a mark has become distinctive of the goods or services of a person, the Secretary of State may accept proof that the person has used the mark as a mark in the State or elsewhere continuously for at least 5 years immediately before the day on which the person applies for registration.
(d)    A person may not register a trade name that is not a mark.
2023 Maryland Statutes › Business Regulation › Title 1 - Definitions; General Provisions › Subtitle 4 - Trademarks, Service Marks, and Trade Names › Section 1-406 - Applications for Registration

(a)    An applicant for registration of a mark shall:
(1)    submit to the Secretary of State:
(i)    an application on the form that the Secretary of State provides; and
(ii)    3 different specimens or reproductions of the mark as used; and
(2)    pay to the Secretary of State a fee of $50.
(b)    A specimen or reproduction submitted under subsection (a) of this section may not include a business paper, including letterhead, a business card, or an envelope.
(c)    An application shall be signed, under oath, and the original submitted under subsection (a) of this section:
(1)    for an individual, by the individual;
(2)    for a partnership, by a partner; or
(3)    for a corporation or association, by an officer of the corporation or association.
(d)    In addition to any other information required on an application form, the form shall require:
(1)    the name of the applicant;
(2)    the business address of the applicant;
(3)    for an applicant that is a corporation, limited liability company, or partnership, the state of formation;
(4)    a description of the full mark including words, if applicable;
(5)    a description of the goods or services with which the applicant uses the mark;
(6)    a listing of the ways the mark is being used, including on uniforms, advertising, banners, the Internet, signs, vehicles, and packaging;
(7)    the class under § 1–405 of this subtitle to which the goods or services belong;
(8)    the date when the applicant or the applicant’s predecessor in business:
(i)    first used the mark anywhere; and
(ii)    first used the mark in the State; and
(9)    a statement that:
(i)    the applicant owns the mark;
(ii)    another person does not have the right to use the mark in the State; and
(iii)    the mark is not deceptively similar to a mark that another person has a right to use in the State.
(e)    A single application for registration of a mark:
(1)    may cover use of the mark with any number of goods or services in a single class; but
(2)    may not cover use of the mark with goods or services in different classes.
2023 Maryland Statutes › Business Regulation › Title 1 - Definitions; General Provisions › Subtitle 4 - Trademarks, Service Marks, and Trade Names › Section 1-407 - Hearings

(a)    Before denying registration of a mark, the Secretary of State shall give the applicant an opportunity for an informal hearing before the Secretary of State or the Secretary’s designee.
(b)    The denial of registration of a mark is not a contested case under Title 10, Subtitle 2 of the State Government Article.
2023 Maryland Statutes › Business Regulation › Title 1 - Definitions; General Provisions › Subtitle 4 - Trademarks, Service Marks, and Trade Names › Section 1-409 - Issuance and Contents of Certificate of Registration

(a)    The Secretary of State shall register the mark of and issue a certificate of registration to each applicant who meets the requirements of this subtitle.
(b)    The Secretary of State shall include on each certificate of registration:
(1)    the signature of the Secretary of State, under the seal of the Secretary of State;
(2)    the name of the registrant;
(3)    the business of the registrant;
(4)    the address of the registrant;
(5)    for a registrant that is a corporation, the state of incorporation;
(6)    the date that the registrant claims to have first used the mark anywhere;
(7)    the date that the registrant claims to have first used the mark in the State;
(8)    a description of the goods or services with which the registrant uses the mark;
(9)    the class under § 1–405 of this subtitle to which the goods or services belong;
(10)    a full description of the mark;
(11)    the date of registration; and
(12)    the term of registration.
2023 Maryland Statutes › Business Regulation › Title 1 - Definitions; General Provisions › Subtitle 4 - Trademarks, Service Marks, and Trade Names › Section 1-410 - Term and Renewal of Registration

(a)    Unless registration of a mark is renewed for a 10-year term as provided in this section, the registration expires on the tenth anniversary of its effective date.
(b)    Within 1 year before registration of a mark expires, the Secretary of State shall mail to the registrant, at the last known address of the registrant:
(1)    a renewal application form; and
(2)    a notice that states:
(i)    the date on which the current registration expires;
(ii)    the date by which the Secretary of State must receive the renewal application for the renewal to be issued and mailed before the registration expires;
(iii)    the amount of the renewal fee; and
(iv)    instructions on how to access the renewal application form online.
(c)    Before the registration of a mark expires, the registrant periodically may renew it for an additional 10–year term if, within 6 months before the expiration of the term of the registration:
(1)    the registrant submits to the Secretary of State:
(i)    a renewal application on the form that the Secretary of State provides; and
(ii)    3 different specimens or reproductions of the mark being used;
(2)    the registrant states in the renewal application that the mark is still in use in the State;
(3)    the mark otherwise is entitled to be registered; and
(4)    the registrant pays to the Secretary of State a renewal fee of $50.
(d)    The Secretary of State shall renew the registration of and issue a renewal certificate to each registrant who meets the requirements of this section.
(e)    A specimen or reproduction submitted under subsection (c) of this section may not include a business paper, including letterhead, a business card, or an envelope.
2023 Maryland Statutes › Business Regulation › Title 1 - Definitions; General Provisions › Subtitle 4 - Trademarks, Service Marks, and Trade Names › Section 1-411 - Assignment

(a)    A mark and its registration may be assigned with:
(1)    the good will of the business that uses the mark; or
(2)    that part of the good will of the business connected with the mark.
(b)    The assignment shall be by a written, signed instrument.
(c)    A person may record the assignment of registration of a mark by:
(1)    submitting the instrument of assignment by an officer of the assignor to the Secretary of State; and
(2)    paying to the Secretary of State a fee of $10.
(d)    The Secretary of State shall record an assignment of the registration of a mark and issue a new certificate of registration in the name of the assignee to each person who meets the requirements of this section.
(e)    The term of assignment is the rest of the term of registration of the mark.
(f)    An assignment of the registration of a mark under this subtitle is void against a subsequent purchaser for valuable consideration without notice of the assignment unless the assignment is recorded with the Secretary of State:
(1)    within 3 months after the date of the assignment; or
(2)    before the subsequent purchase.
2023 Maryland Statutes › Business Regulation › Title 1 - Definitions; General Provisions › Subtitle 4 - Trademarks, Service Marks, and Trade Names › Section 1-412 - Cancellation of Registration

(a)    The Secretary of State shall cancel a registration of a mark if:
(1)    the registrant asks that it be canceled;
(2)    the registrant fails to renew it;
(3)    a court of competent jurisdiction orders that it be canceled on any ground; or
(4)    a court of competent jurisdiction finds that:
(i)    the mark is abandoned;
(ii)    the registrant does not own the mark;
(iii)    the registration was granted improperly; or
(iv)    the registration was obtained fraudulently.
(b)    (1)    Subject to paragraph (2) of this subsection, the Secretary of State shall cancel the registration of a mark if a court of competent jurisdiction finds the mark to be likely to confuse or deceive because it resembles a mark that:
(i)    was registered by another person in the United States Patent Office before the date the registrant applied for registration under this subtitle; and
(ii)    is not abandoned.
(2)    The Secretary of State may not cancel the registration of a mark if the registrant proves that:
(i)    the registrant holds a concurrent registration of the mark in the United States Patent Office; and
(ii)    the registration in the United States Patent Office covers an area that includes the State.
2023 Maryland Statutes › Business Regulation › Title 1 - Definitions; General Provisions › Subtitle 4 - Trademarks, Service Marks, and Trade Names › Section 1-413 - Fraudulent Registration

A person who, for the person or for another, applies to register or registers a mark under this subtitle by knowingly making a false or fraudulent representation, orally or in writing, or by other fraudulent means is liable for any damages sustained as a result of the application or registration.
2023 Maryland Statutes › Business Regulation › Title 1 - Definitions; General Provisions › Subtitle 4 - Trademarks, Service Marks, and Trade Names › Section 1-414 - Infringement

(a)    Subject to § 1-402 of this subtitle, a person may not:
(1)    use, without the consent of the registrant, a reproduction or colorable imitation of a mark registered under this subtitle in connection with the sale, offering for sale, or advertising of goods or services if the use is likely to confuse or deceive about the origin of the goods or services; or
(2)    reproduce or colorably imitate a mark registered under this subtitle and apply the reproduction or colorable imitation to an advertisement, label, package, print, receptacle, sign, or wrapper that is intended to be used:
(i)    with goods or services; or
(ii)    in conjunction with the sale or other distribution of goods or services in the State.
(b)    (1)    A person who violates this section is liable in a civil action to a registrant for any remedy provided in this section.
(2)    A registrant may recover profits or damages from a person who violates subsection (a)(2) of this section only if the person intended that the mark be used to confuse or deceive.
(c)    A registrant may sue to enjoin the display, manufacture, sale, or use of a reproduction or colorable imitation of a mark of the registrant.
(d)    A court of competent jurisdiction may:
(1)    grant an injunction to restrain the display, manufacture, sale, or use of a reproduction or colorable imitation of a registered mark;
(2)    require the defendant to pay to the registrant for the wrongful display, manufacture, sale, or use of a reproduction or colorable imitation of a mark:
(i)    any profit that the defendant derived;
(ii)    any damages that the registrant suffered; or
(iii)    both; and
(3)    require the defendant to deliver to an officer of the court or to the registrant, for destruction, any reproduction or colorable imitation of the mark that is in the possession or under the control of the defendant.
2023 Maryland Statutes › Business Regulation › Title 1 - Definitions; General Provisions › Subtitle 4 - Trademarks, Service Marks, and Trade Names › Section 1-415 - Fraudulent Use or Imitation of Trade Names

(a)    Except as provided in subsection (b) of this section, a person may not, with intent to defraud, do business in the State under or imitate a name, title, or trade name that is the same as, or similar to, that used by another person already doing business in the State.
(b)    This section does not apply to individuals with similar names.
(c)    A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $100 for each day that the offense is committed.
2023 Maryland Statutes › Business Regulation › Title 1 - Definitions; General Provisions › Subtitle 5 - Currency Transactions in a Trade or Business › Section 1-502 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Currency” means currency and coin of the United States or any other country.
(c)    “Department” means the Maryland Department of Labor.
(d)    “Person engaged in a trade or business” means an individual, partnership, limited liability company, firm, trust, estate, association, corporation, or other entity:
(1)    engaged in vehicle sales, including motor vehicle, airplane, and boat sales;
(2)    that conducts real estate closings and settlements; or
(3)    engaged in the sale or pledging of jewelry.
(e)    “Secretary” means the Secretary of Labor.
2023 Maryland Statutes › Business Regulation › Title 1 - Definitions; General Provisions › Subtitle 5 - Currency Transactions in a Trade or Business › Section 1-503 - Reports

(a)    A person engaged in a trade or business who, in the course of that trade or business, receives more than $10,000 in currency in 1 transaction shall keep a record of the transaction and shall file with the Department within 15 days of the date of the transaction a report of the transaction.
(b)    The reporting requirements of this section are complied with if the person engaged in a trade or business files with the Department a duplicate copy of the report required by 26 U.S.C. § 6050-I.
(c)    The Secretary shall adopt regulations appropriate to carry out the purposes of this subtitle and to provide for exemption of transactions that are clearly of a legitimate nature for which mandatory reporting would serve no useful purpose.
2023 Maryland Statutes › Business Regulation › Title 1 - Definitions; General Provisions › Subtitle 5 - Currency Transactions in a Trade or Business › Section 1-504 - Access to Reports

(a)    The Department of Public Safety and Correctional Services, the Department of State Police, and the Office of the Attorney General shall have access to and shall be authorized to inspect and copy any reports filed with the Department under this article.
(b)    The Department may make the contents of a report available to other criminal justice agencies only for purposes of investigation or prosecution of the subject of the report.
2023 Maryland Statutes › Business Regulation › Title 1 - Definitions; General Provisions › Subtitle 5 - Currency Transactions in a Trade or Business › Section 1-505 - Civil Penalties

(a)    (1)    The Secretary may assess a civil penalty against a person engaged in a trade or business for each knowing and willful violation of this subtitle.
(2)    The civil penalty may not exceed $50 for each day the violation continues.
(3)    For purposes of this section, a separate violation occurs at each office, branch, or place of business where a violation occurs or continues.
(4)    The total civil penalty may not exceed $1,000.
(b)    In the event of the failure of a person to pay a penalty assessed under this section, a civil action for recovery of the penalty may be brought by the State against the person.
2023 Maryland Statutes › Business Regulation › Title 2 - Maryland Department of Labor › Section 2-102 - Secretary of Labor

(a)    The head of the Department is the Secretary of Labor, who shall be appointed by the Governor with the advice and consent of the Senate.
(b)    Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution.
(c)    (1)    The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor. The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on those matters.
(2)    The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department. The Secretary may establish, reorganize, or abolish areas of responsibility in the Office of the Secretary as necessary to fulfill the duties assigned to the Secretary.
(3)    The Secretary is responsible for establishing policy to be followed by the units in the Department.
(d)    The Secretary is entitled to the salary provided in the State budget.
2023 Maryland Statutes › Business Regulation › Title 2 - Maryland Department of Labor › Section 2-103 - Deputy Secretary, Consultants, and Other Staff

(a)    (1)    With the approval of the Governor, the Secretary shall appoint a deputy secretary.
(2)    The deputy secretary:
(i)    serves at the pleasure of the Secretary;
(ii)    is entitled to the salary provided in the State budget; and
(iii)    has the duties provided by law or delegated by the Secretary.
(b)    (1)    The Secretary may employ a staff attached to the Office of the Secretary, in accordance with the State budget.
(2)    Each staff assistant in the Office of the Secretary in charge of a particular area of responsibility and each professional consultant is in the executive service, management service, or is a special appointment in the State Personnel Management System and is appointed by and serves at the pleasure of the Secretary.
(3)    Unless otherwise provided by law, the Secretary shall appoint and remove all other staff in the Office of the Secretary in accordance with the provisions of the State Personnel and Pensions Article.
(4)    The Secretary may review any personnel action taken by any unit in the Department. The Secretary may delegate to the head or governing body of any unit in the Department the power to approve any appointment or removal.
(5)    Whenever the Secretary is authorized by law to make an appointment with the approval of the Governor, the Secretary may not remove the appointee without first obtaining the approval of the Governor.
2023 Maryland Statutes › Business Regulation › Title 2 - Maryland Department of Labor › Section 2-104 - General Authority and Duties of Secretary

(a)    The Secretary is responsible for the budget of the Office of the Secretary and for the budget of each unit in the Department.
(b)    The Secretary shall have a seal.
(c)    (1)    The Secretary is responsible for the planning of activities, programs, and services of the Department.
(2)    The Secretary may review and approve, disapprove, or modify the plans and proposals of the units in the Department.
(d)    The Secretary may investigate or hold a hearing on any complaint about the operation of a unit in the Department and may report the findings of the Secretary to the Governor.
(e)    At any time, the Secretary may call a meeting of a board or commission in the Department to consider any subject.
(f)    The Secretary may not exercise or perform any power, duty, responsibility, or function granted to the Board of Appeals in §§ 8–5A–05, 8–5A–07, 8–5A–10, 8–5A–11, 8–5A–12, 8–611(j), 8–629(f), 8–638, 8–639, and 8–808(a) of the Labor and Employment Article.
2023 Maryland Statutes › Business Regulation › Title 2 - Maryland Department of Labor › Section 2-105 - Regulations

(a)    The Secretary may adopt regulations for the Office of the Secretary.
(b)    Before a unit in the Department publishes a proposed regulation under § 10–112 of the State Government Article, the unit shall submit the proposed regulation to the Secretary.
(c)    (1)    The Secretary may approve any proposed regulation.
(2)    Within 30 days after submission of a proposed regulation on a regulatory, supervisory, quasi–judicial, disciplinary, or enforcement function of a unit, the Secretary may disapprove the proposed regulation but only if the Secretary finds that it:
(i)    would discourage competition within a regulated occupation or profession;
(ii)    would unfairly restrict entry of applicants into a regulated occupation or profession; or
(iii)    otherwise is contrary to the public interest.
(3)    The Secretary may disapprove or revise any other proposed regulation.
2023 Maryland Statutes › Business Regulation › Title 2 - Maryland Department of Labor › Section 2-106 - Licensing Testing Fund

(a)    There is a Licensing Testing Fund for the Department.
(b)    The Secretary shall ensure that each unit in the Department that collects fees for a licensing examination given by a national testing association pays all of the fees into the Licensing Testing Fund.
(c)    (1)    The Licensing Testing Fund shall be used to pay the money that the Department owes to a national testing association.
(2)    At the end of each fiscal year, any money in the Licensing Testing Fund that is not needed under paragraph (1) of this subsection reverts to the General Fund of the State.
2023 Maryland Statutes › Business Regulation › Title 2 - Maryland Department of Labor › Section 2-106.1 - State Occupational and Professional Licensing Design Board's Fund

(a)    This section applies to the following occupational and professional licensing boards:
(1)    the State Board of Architects established under Title 3 of the Business Occupations and Professions Article;
(2)    the State Board of Certified Interior Designers established under Title 8 of the Business Occupations and Professions Article;
(3)    the State Board of Examiners of Landscape Architects established under Title 9 of the Business Occupations and Professions Article;
(4)    the State Board for Professional Engineers established under Title 14 of the Business Occupations and Professions Article; and
(5)    the State Board for Professional Land Surveyors established under Title 15 of the Business Occupations and Professions Article.
(b)    There is a State Occupational and Professional Licensing Design Boards’ Fund in the Department, which shall be a continuing, nonlapsing special fund.
(c)    (1)    Except as otherwise provided by law, each occupational and professional licensing board described in subsection (a) of this section shall pay all fees collected to the Comptroller of the State.
(2)    The Comptroller shall distribute the fees to the Fund.
(d)    The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of each occupational and professional licensing board described in subsection (a) of this section.
(e)    The Secretary or a designee of the Secretary shall administer the Fund.
(f)    The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.
2023 Maryland Statutes › Business Regulation › Title 2 - Maryland Department of Labor › Section 2-106.2 - State Occupational and Professional Licensing Design Board's Fund -- Calculation of Costs; Establishment of Fees

(a)    (1)    In consultation with each board described in § 2–106.1 of this subtitle, the Secretary shall annually calculate the direct and indirect costs attributable to each board.
(2)    Each board shall establish fees based on the calculations provided by the Secretary under this section.
(3)    Each fee established by an individual board may not be increased annually by more than 12.5% of the existing and corresponding fee of the board.
(b)    In order to establish fees that more equitably distribute the costs associated with the operation of each board among similar boards, the Secretary may average the direct and indirect costs of one or more boards provided that the boards consent to having their direct and indirect costs averaged together.
2023 Maryland Statutes › Business Regulation › Title 2 - Maryland Department of Labor › Section 2-106.3 - Real Estate Commission Fund

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Commission” means the State Real Estate Commission.
(3)    “Fund” means the State Real Estate Commission Fund.
(b)    (1)    There is a State Real Estate Commission Fund in the Department.
(2)    The Fund is a special, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.
(c)    The Fund consists of fees collected by the Commission and distributed to the Fund under § 17-213 of the Business Occupations and Professions Article.
(d)    The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Commission.
(e)    The Secretary or a designee of the Secretary shall administer the Fund.
(f)    The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
2023 Maryland Statutes › Business Regulation › Title 2 - Maryland Department of Labor › Section 2-106.4 - Calculation of Fees

(a)    In this section, “Commission” means the State Real Estate Commission.
(b)    In consultation with the Commission, the Secretary shall annually calculate the direct and indirect costs attributable to the Commission.
(c)    Beginning on July 1, 2007, the Commission shall establish fees based on the calculations provided by the Secretary under this section.
(d)    Each fee established by the Commission may not be increased annually by more than 12.5% of the existing and corresponding fee of the Commission.
2023 Maryland Statutes › Business Regulation › Title 2 - Maryland Department of Labor › Section 2-106.5 - State Board of Public Accountancy Fund

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Board” means the State Board of Public Accountancy.
(3)    “Fund” means the State Board of Public Accountancy Fund.
(b)    (1)    There is a State Board of Public Accountancy Fund in the Department.
(2)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(c)    The Fund consists of fees collected by the Board and distributed to the Fund under § 2–209 of the Business Occupations and Professions Article.
(d)    The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board.
(e)    The Secretary or a designee of the Secretary shall administer the Fund.
(f)    The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.
2023 Maryland Statutes › Business Regulation › Title 2 - Maryland Department of Labor › Section 2-106.6 - Calculation of Fees for Board of Public Accountancy

(a)    In this section, “Board” means the State Board of Public Accountancy.
(b)    In consultation with the Board, the Secretary shall annually calculate the direct and indirect costs attributable to the Board.
(c)    Beginning on July 1, 2008, the Board shall establish fees based on the calculations provided by the Secretary under this section.
(d)    Each fee established by the Board may not be increased annually by more than 12.5% of the existing and corresponding fee of the Board.
2023 Maryland Statutes › Business Regulation › Title 2 - Maryland Department of Labor › Section 2-106.7 - State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors Fund

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Commission” means the State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors.
(3)    “Fund” means the State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors Fund.
(b)    (1)    There is a State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors Fund in the Department.
(2)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(c)    The Fund consists of fees collected by the Commission and distributed to the Fund under Title 16 of the Business Occupations and Professions Article.
(d)    The Fund shall be used to cover the Commission’s actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Commission.
(e)    The Secretary or a designee of the Secretary shall administer the Fund.
(f)    The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.
(g)    At the end of each fiscal year, any unspent and unencumbered portion of the Fund in excess of $100,000 shall revert to the General Fund of the State.
(h)    Any investment earnings of the Fund shall be credited to the General Fund.
2023 Maryland Statutes › Business Regulation › Title 2 - Maryland Department of Labor › Section 2-106.8 - Calculation of Fees for State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors

(a)    In this section, “Commission” means the State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors.
(b)    In consultation with the Commission, the Secretary shall calculate annually the direct and indirect costs attributable to the Commission.
(c)    Beginning on July 1, 2011, the Commission shall establish fees based on the calculations provided by the Secretary under this section.
(d)    Each fee established by the Commission may not be increased annually by more than 12.5% of the existing and corresponding fee of the Commission.
(e)    The fees established for each profession regulated under Title 16 of the Business Occupations and Professions Article shall be set so as to produce funds to approximate the cost of regulating each profession.
2023 Maryland Statutes › Business Regulation › Title 2 - Maryland Department of Labor › Section 2-106.9 - State Occupational Mechanical Licensing Boards' Fund

(a)    In this section, “Fund” means the State Occupational Mechanical Licensing Boards’ Fund.
(b)    This section applies to the following occupational licensing boards:
(1)    the State Board of Master Electricians established under Title 6 of the Business Occupations and Professions Article;
(2)    the State Board of Stationary Engineers established under Title 6.5 of the Business Occupations and Professions Article;
(3)    the State Board of Plumbing established under Title 12 of the Business Occupations and Professions Article; and
(4)    the State Board of Heating, Ventilation, Air–Conditioning, and Refrigeration Contractors established under Title 9A of this article.
(c)    (1)    There is a State Occupational Mechanical Licensing Boards’ Fund in the Department.
(2)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(d)    (1)    Except as otherwise provided by law, each occupational licensing board described in subsection (b) of this section shall pay all fees collected to the Comptroller.
(2)    The Comptroller shall distribute the fees to the Fund.
(e)    The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of each occupational licensing board described in subsection (b) of this section.
(f)    The Secretary or a designee of the Secretary shall administer the Fund.
(g)    The legislative auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.
(h)    At the end of each fiscal year, any unspent and unencumbered portion of the Fund in excess of $100,000 shall revert to the General Fund of the State.
(i)    Any investment earnings of the Fund shall be credited to the General Fund of the State.
2023 Maryland Statutes › Business Regulation › Title 2 - Maryland Department of Labor › Section 2-106.10 - State Occupational Mechanical Licensing Boards' Fund -- Calculation of Fees

(a)    (1)    In consultation with each board specified under § 2–106.9 of this subtitle, the Secretary shall annually calculate the direct and indirect costs attributable to each board.
(2)    Each board shall establish fees based on the calculations provided by the Secretary under this section.
(3)    Except for the examination fees under § 12–303(2)(i) of the Business Occupations and Professions Article, each fee established by an individual board may not be increased annually by more than 12.5% of the existing and corresponding fee of the board.
(b)    In order to establish fees that more equitably distribute the costs associated with the operation of each board among similar boards, the Secretary may average the direct and indirect costs of one or more boards provided that the boards consent to having their direct and indirect costs averaged together.
2023 Maryland Statutes › Business Regulation › Title 2 - Maryland Department of Labor › Section 2-106.11 - Maryland Home Improvement Commission Special Fund

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Commission” means the Maryland Home Improvement Commission.
(3)    “Special Fund” means the Maryland Home Improvement Commission Special Fund.
(b)    (1)    There is a Maryland Home Improvement Commission Special Fund in the Department.
(2)    The Special Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(c)    The Special Fund consists of fees collected by the Commission and distributed to the Special Fund under Title 8 of this article.
(d)    The Special Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Commission.
(e)    The Secretary or a designee of the Secretary shall administer the Special Fund.
(f)    The legislative auditor shall audit the accounts and transactions of the Special Fund as provided in § 2–1220 of the State Government Article.
(g)    At the end of each fiscal year, any unspent and unencumbered portion of the Special Fund in excess of $100,000 shall revert to the General Fund of the State.
(h)    Any investment earnings of the Special Fund shall be credited to the General Fund of the State.
2023 Maryland Statutes › Business Regulation › Title 2 - Maryland Department of Labor › Section 2-106.12 - Maryland Home Improvement Commission Special Fund -- Calculation of Fees

(a)    In this section, “Commission” means the Maryland Home Improvement Commission.
(b)    In consultation with the Commission, the Secretary annually shall calculate the direct and indirect costs attributable to the Commission.
(c)    The Commission shall establish fees based on the calculations provided by the Secretary under this section.
(d)    Except for the examination fees, each fee established by the Commission may not be increased annually by more than 12.5% of the existing and corresponding fee of the Commission.
2023 Maryland Statutes › Business Regulation › Title 2 - Maryland Department of Labor › Section 2-106.13 - State Barbers and Cosmetologists Boards' Fund

(a)    In this section, “Fund” means the State Barbers and Cosmetologists Boards’ Fund.
(b)    This section applies to the following occupational licensing boards:
(1)    the State Board of Barbers established under Title 4 of the Business Occupations and Professions Article; and
(2)    the State Board of Cosmetologists established under Title 5 of the Business Occupations and Professions Article.
(c)    (1)    There is a State Barbers and Cosmetologists Boards’ Fund in the Department.
(2)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(d)    (1)    Except as otherwise provided by law, each occupational licensing board described in subsection (b) of this section shall pay all fees collected to the Comptroller.
(2)    The Comptroller shall distribute the fees to the Fund.
(e)    The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of each occupational licensing board described in subsection (b) of this section.
(f)    The Secretary or a designee of the Secretary shall administer the Fund.
(g)    The legislative auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.
(h)    At the end of each fiscal year, any unspent and unencumbered portion of the Fund in excess of $100,000 shall revert to the General Fund of the State.
(i)    Any investment earnings of the Fund shall be credited to the General Fund of the State.
2023 Maryland Statutes › Business Regulation › Title 2 - Maryland Department of Labor › Section 2-106.14 - State Barbers and Cosmetologists Boards' Fund -- Calculation of Fees

(a)    (1)    In consultation with each board specified under § 2–106.9 of this subtitle, the Secretary shall annually calculate the direct and indirect costs attributable to each board.
(2)    Each board shall establish fees based on the calculations provided by the Secretary under this section.
(3)    Except for examination fees under §§ 4–303 and 5–306 of the Business Occupations and Professions Article, each fee established by an individual board may not be increased annually by more than 12.5% of the existing and corresponding fee of the board.
(b)    In order to establish fees that more equitably distribute the costs associated with the operation of each board among similar boards, the Secretary may average the direct and indirect costs of the boards provided that the boards consent to having their direct and indirect costs averaged together.
2023 Maryland Statutes › Business Regulation › Title 2 - Maryland Department of Labor › Section 2-107 - Counsel to Department

(a)    This section does not apply to a unit in the Department to the extent that the unit is authorized by law to employ its own legal adviser or counsel.
(b)    The Attorney General is legal adviser to the Department.
(c)    The Attorney General shall assign to the Department the number of assistant attorneys general authorized by law for the Department and its units.
(d)    (1)    The Attorney General shall designate 1 of the assistant attorneys general assigned to the Department as counsel to the Department. After the Attorney General designates the counsel to the Department, the Attorney General may not reassign the counsel without consulting the Secretary.
(2)    The counsel may have no duty other than to give the legal aid, advice, and counsel required by the Secretary or any other official of the Department, to supervise the other assistant attorneys general assigned to the Department, and to perform for the Department the duties that the Attorney General assigns. The counsel shall perform these duties subject to the control and supervision of the Attorney General.
2023 Maryland Statutes › Business Regulation › Title 2 - Maryland Department of Labor › Section 2-108 - Units in Department

(a)    The following units are in the Department:
(1)    the Division of Labor and Industry.
(2)    the Division of Employment and Training.
(3)    the Commissioner of Financial Regulation.
(4)    the State Board of Architects.
(5)    the State Athletic Commission.
(6)    the State Board of Barbers.
(7)    the Board of Boiler Rules.
(8)    the State Collection Agency Licensing Board.
(9)    the State Board of Cosmetologists.
(10)    the State Board of Master Electricians.
(11)    the State Board of Stationary Engineers.
(12)    the State Board for Professional Engineers.
(13)    the State Board of Foresters.
(14)    the State Board of Heating, Ventilation, Air Conditioning and Refrigeration Contractors.
(15)    the Maryland Home Improvement Commission.
(16)    the State Board of Certified Interior Designers.
(17)    the State Board of Examiners of Landscape Architects.
(18)    the State Board for Professional Land Surveyors.
(19)    the State Board of Pilots.
(20)    the State Board of Plumbing.
(21)    the State Board of Public Accountancy.
(22)    the State Board of Individual Tax Preparers.
(23)    the State Racing Commission.
(24)    the State Real Estate Commission.
(25)    the State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors.
(26)    the Real Estate Hearing Board.
(27)    the State of Maryland Deposit Insurance Fund Corporation.
(28)    the Maryland Jockey Injury Compensation Fund, Inc.
(29)    the State Amusement Ride Safety Advisory Board.
(30)    the Occupational Safety and Health Advisory Board.
(31)    the Maryland–Bred Race Fund Advisory Committee.
(32)    the Maryland Standardbred Race Fund Advisory Committee.
(33)    the Advisory Council on Prevailing Wage Rates.
(b)    The Department also includes each other unit that is assigned to the Department.
(c)    (1)    Each unit created within the Department shall include at least 1 consumer member.
(2)    Each consumer member of the unit:
(i)    shall be a member of the general public;
(ii)    may not be a licensee or otherwise be subject to regulation by the unit;
(iii)    may not be required to meet the qualifications for the professional members of the unit; and
(iv)    may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the unit.
(3)    While a member of the unit, a consumer member may not:
(i)    have a financial interest in or receive compensation from a person regulated by the unit; or
(ii)    grade any examination given by or for the unit.
2023 Maryland Statutes › Business Regulation › Title 2 - Maryland Department of Labor › Section 2-109 - Advisory Units

(a)    With the approval of the Governor, the Secretary may create advisory units.
(b)    (1)    Each advisory unit created under this section shall include at least 1 consumer member.
(2)    Each consumer member of an advisory unit created under this section shall be a member of the general public.
(3)    A consumer member of an advisory unit created under this section may not be required to meet the qualifications for the professional members of the unit.
2023 Maryland Statutes › Business Regulation › Title 2 - Maryland Department of Labor › Section 2-110 - Advisory Units -- Language Requirements; Interpreters

(a)    In this section, “license”:
(1)    means any grant of authority to conduct a business or to practice an occupation; and
(2)    includes a certificate, permit, or registration.
(b)    A unit in the Department may not require as a condition for a license an ability to communicate in English, except to the extent that the unit expressly determines that the ability is needed to engage in the business or occupation for which the license is sought.
(c)    (1)    If a unit in the Department determines that the use of an interpreter of a foreign language or sign language will not compromise the integrity of a testing procedure for a license, then, on request, the unit may allow an applicant to use an interpreter during that procedure.
(2)    An applicant who uses an interpreter shall pay the cost of the interpreter.
2023 Maryland Statutes › Business Regulation › Title 2.5 - Service Members, Veterans, and Military Spouses -- Licensing › Section 2.5-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    (1)    “License” means any grant of authority to an individual to practice an occupation or profession.
(2)    “License” includes a certificate, permit, or registration.
(c)    (1)    “Military spouse” means the spouse of a service member or veteran.
(2)    “Military spouse” includes a surviving spouse of:
(i)    a veteran; or
(ii)    a service member who died before the date on which the application for a license is submitted.
(d)    “Service member” means an individual who is an active duty member of:
(1)    the armed forces of the United States;
(2)    a reserve component of the armed forces of the United States; or
(3)    the National Guard of any state.
(e)    “Unit” means a unit in the Department that is authorized to issue a license.
(f)    “Veteran” means a former service member who was discharged from active duty under circumstances other than dishonorable before the date on which the application for a license is submitted.
2023 Maryland Statutes › Business Regulation › Title 2.5 - Service Members, Veterans, and Military Spouses -- Licensing › Section 2.5-103 - Renewal of Licenses; Completion of Continuing Education or Competency Requirements

A unit may allow an individual licensee who is a member of an armed force deployed outside the State to:
(1)    renew the license after the expiration of the renewal period without payment of a penalty or reinstatement fee if the late renewal is a direct result of the deployment; and
(2)    complete any continuing education or continuing competency requirements for renewal within a reasonable time after renewing the license.
2023 Maryland Statutes › Business Regulation › Title 2.5 - Service Members, Veterans, and Military Spouses -- Licensing › Section 2.5-104 - Credit for Experience and Training or Education as Service Member

(a)    In calculating an individual’s years of practice in an occupation or a profession, each unit shall give credit to the individual for all relevant experience as a service member.
(b)    Each unit shall credit any training and education provided by the military and completed by a service member toward any training or education requirements for licensure if the training or education is determined by the unit to be:
(1)    substantially equivalent to the training or education required by the unit; and
(2)    not otherwise contrary to any other licensing requirement.