reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Business Occupations and Professions › Title 9.5 - Crane Operators › Section 9.5-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Certificate of Competence” means certification obtained by a person through any organization accredited by the American National Standards Institute (ANSI), or the National Commission for Certifying Agencies (NCCA) that states the holder of the certificate demonstrates knowledge of and training in safe crane operating procedures.
(c)    “Commissioner” means the Commissioner of Labor and Industry in the Division of Labor and Industry in the Department.
(d)    (1)    “Crane” means a machine for lifting, lowering, and horizontally moving a load, that has a hoisting mechanism that is an integral part of the machine.
(2)    “Crane” includes tower cranes.
(3)    “Crane” does not include:
(i)    aircraft;
(ii)    a bucket truck;
(iii)    a digger derrick truck;
(iv)    a fork lift;
(v)    a knuckle boom;
(vi)    a trolley boom;
(vii)    a hydraulic crane;
(viii)    a power–operated derrick; or
(ix)    a public utility company line truck used by a public utility company in the construction or maintenance of its transmission and distribution lines.
(e)    “Crane operator” means a person who operates a crane.
(f)    (1)    “Operate a crane” means to use mechanisms inside a crane to guide the machine in:
(i)    the lifting, moving, positioning, and placing of large and heavy objects, earth, or other materials; or
(ii)    the driving of large objects or materials into the ground.
(2)    “Operate a crane” includes:
(i)    the inspection of a crane;
(ii)    assisting in the erection, adding to, or dismantling of a crane; and
(iii)    the performance of routine maintenance on a crane.
(3)    “Operate a crane” does not include the movement of a crane on a State highway from one location to another location.
2023 Maryland Statutes › Business Occupations and Professions › Title 9.5 - Crane Operators › Section 9.5-102 - Certificate of Competence Required

Notwithstanding any other provision of law, a person may not:
(1)    operate a crane in the State for the purpose of construction work or demolition work unless the person holds a Certificate of Competence; or
(2)    authorize a person to operate a crane in the State for the purpose of construction work or demolition work unless the operator holds a Certificate of Competence.
2023 Maryland Statutes › Business Occupations and Professions › Title 9.5 - Crane Operators › Section 9.5-103 - Certificate Must Be Available

(a)    A crane operator who holds a Certificate of Competence shall:
(1)    carry the Certificate of Competence while operating a crane in the State; and
(2)    make the Certificate of Competence available for inspection on request by the Commissioner, an agent of the Commissioner, or by a law enforcement officer.
(b)    The failure of a crane operator to make the Certificate of Competence available for inspection on request as required under paragraph (a)(2) of this subsection shall be presumptive evidence that the crane operator does not hold a Certificate of Competence.
2023 Maryland Statutes › Business Occupations and Professions › Title 9.5 - Crane Operators › Section 9.5-104 - Powers of Commissioner

(a)    In addition to the powers conferred under this title, the Commissioner may use all powers conferred by law to the Commissioner to implement and enforce the provisions of this title.
(b)    (1)    The Commissioner or an agent of the Commissioner who has reason to believe that a person is or has been operating a crane in the State without a valid Certificate of Competence shall require the crane operator to provide proof that the crane operator holds a Certificate of Competence.
(2)    If a crane operator fails to provide proof of a valid Certificate of Competence under paragraph (1) of this subsection, the Commissioner or the agent of the Commissioner shall issue a written notice to the person that:
(i)    states that there has been a violation of this title, or regulations adopted under it, if any; and
(ii)    requires the operation of the crane to cease unless operated by a person holding a valid Certificate of Competence.
(3)    If a person fails to comply with a written notice issued under paragraph (2) of this subsection, the Commissioner may bring an action to enforce the written notice in the county where the crane being operated is located or in the Circuit Court of Baltimore City.
(c)    (1)    A person aggrieved by a decision of the Commissioner under this section may appeal to a court of competent jurisdiction in accordance with the Maryland Rules.
(2)    A decision of the Commissioner may not be stayed by the filing of an appeal under this subsection.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 1 - Definitions; General Provisions › Section 10-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Admission to the Bar” means, unless the context requires otherwise, authorization by the Court of Appeals to practice law in the State.
(c)    “Attorney at law” means a lawyer who, while practicing law, represents another person.
(d)    “Bar” means, unless the context requires otherwise, the Bar of the Court of Appeals of Maryland.
(e)    “Board” means the State Board of Law Examiners.
(f)    (1)    “Court” means, unless the context requires otherwise:
(i)    the Court of Appeals;
(ii)    the Court of Special Appeals;
(iii)    a circuit court; or
(iv)    the District Court of Maryland.
(2)    “Court” does not include:
(i)    an orphans’ court; or
(ii)    the Maryland Tax Court.
(g)    “Lawyer” means an individual who is admitted to the Bar.
(h)    (1)    “Practice law” means to engage in any of the following activities:
(i)    giving legal advice;
(ii)    representing another person before a unit of the State government or of a political subdivision; or
(iii)    performing any other service that the Court of Appeals defines as practicing law.
(2)    “Practice law” includes:
(i)    advising in the administration of probate of estates of decedents in an orphans’ court of the State;
(ii)    preparing an instrument that affects title to real estate;
(iii)    preparing or helping in the preparation of any form or document that is filed in a court or affects a case that is or may be filed in a court; and
(iv)    giving advice about a case that is or may be filed in a court.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 1 - Definitions; General Provisions › Section 10-102 - Scope of Title

This title does not limit the right of:
(1)    an individual to appear on the individual’s own behalf before a court or other unit of the State government;
(2)    a title insurance company to examine and to insure titles to real property;
(3)    a collection company to engage in the business of collecting or adjusting commercial claims; or
(4)    a lawyer who is employed on a regular salaried basis by a corporation to represent the corporation before a court or other unit of the State government.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 1 - Definitions; General Provisions › Section 10-103 - Rules for Admission to Bar

(a)    Subject to this title, the Court of Appeals shall adopt rules that govern the standards and procedures for admission to the Bar.
(b)    The rules under this section shall include provisions for:
(1)    a uniform system of Bar examination in the State;
(2)    the registration of each applicant for admission to the Bar;
(3)    the qualifications of each applicant for admission to the Bar;
(4)    the examination of the character of each applicant for admission to the Bar; and
(5)    the fees to be paid by an applicant.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 2 - Admission to Bar › Part I - State Board of Law Examiners › Section 10-202 - Membership; Quorum

(a)    (1)    The Board consists of 7 members.
(2)    Each member shall be a lawyer.
(3)    The Court of Appeals shall appoint the members of the Board.
(b)    Each member of the Board shall have been a lawyer for at least 5 years.
(c)    (1)    The term of a member is 5 years and begins on January 1.
(2)    The terms of members are staggered as required by the terms provided for members of the Board on October 1, 1989.
(3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(5)    The Court of Appeals may reappoint a member.
(d)    A majority of the authorized membership of the Board is a quorum.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 2 - Admission to Bar › Part II - Admission to Bar › Section 10-207 - Qualifications of Applicants

(a)    To qualify for admission to the Bar, an applicant shall be an individual who meets the requirements of this section.
(b)    An applicant shall be of good character and reputation.
(c)    An applicant shall be at least 18 years old as of the date of admission.
(d)    An applicant shall:
(1)    have completed the academic work necessary to meet the minimum requirements for admission to an American Bar Association approved law school; and
(2)    have a degree of juris doctor or its equivalent from a law school that the Board recognizes.
(e)    An applicant shall pass a written examination given by the Board under this subtitle.
(f)    An applicant shall meet any other qualification or requirement that the Court of Appeals establishes by rule.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 2 - Admission to Bar › Part II - Admission to Bar › Section 10-208 - Petitions for Admission; Fees

(a)    An applicant for admission to the Bar shall submit to the Board a petition to the Court of Appeals on the form that the Board provides.
(b)    An applicant shall pay to the Board:
(1)    an examination fee, as set by the Court of Appeals, not exceeding:
(i)    $250 for fiscal year 2009; and
(ii)    $400 for fiscal year 2010 and thereafter; and
(2)    any other fee set by the Court of Appeals.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 2 - Admission to Bar › Part II - Admission to Bar › Section 10-209 - Examinations

(a)    (1)    An applicant who otherwise qualifies for admission to the Bar is entitled to be examined as provided under this section.
(2)    Notwithstanding § 10-207(c) of this subtitle, an individual under the age of 18 years may take the examination.
(b)    Subject to the rules adopted by the Court of Appeals, the Board periodically shall give examinations to applicants at the times and places that the Board determines.
(c)    The Board shall give each applicant notice of the time and place of examination.
(d)    Subject to the rules adopted by the Court of Appeals, the Board shall determine the subjects, scope, and form of and the passing score for examinations.
(e)    The Board shall report to the Court of Appeals:
(1)    the results of each examination that the Board gives; and
(2)    recommendations about the character and reputation of each applicant who passes the examination.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 2 - Admission to Bar › Part II - Admission to Bar › Section 10-210 - Admission of Lawyers From Other States

(a)    An applicant who is a member of the bar of another state may become a member of the Bar of this State if the applicant:
(1)    is of good character and reputation;
(2)    provides adequate evidence that, for at least 5 of the 7 years immediately before applying for admission to the Bar, the applicant was practicing law or teaching law or was a judge;
(3)    pays the application fee set by the Court of Appeals; and
(4)    passes an examination given by the Board.
(b)    The Court of Appeals may adopt rules to govern:
(1)    the content and administration of an examination given under this section;
(2)    the determination of the character and reputation of applicants; and
(3)    any other matter necessary to provide for the admission to the Bar of applicants under this section.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 2 - Admission to Bar › Part II - Admission to Bar › Section 10-212 - Oath or Affirmation for Admission

On admission to the Bar, a lawyer shall take the following oath or affirmation in open court:
“I do solemnly (swear) (affirm) that I will at all times demean myself fairly and honorably as an attorney and practitioner at law; that I will bear true allegiance to the State of Maryland, and support the laws and Constitution thereof, and that I will bear true allegiance to the United States, and that I will support, protect and defend the Constitution, laws and government thereof as the supreme law of the land; any law, or ordinance of this or any state to the contrary notwithstanding.”
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 2 - Admission to Bar › Part II - Admission to Bar › Section 10-213 - Scope of Admission

(a)    Subject to subsection (b) of this section and while an admission to the Bar is in effect, the admission authorizes a lawyer to practice law in any court.
(b)    Before a lawyer may practice law, the lawyer shall satisfy any additional requirement set by rule of the Court of Appeals.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 2 - Admission to Bar › Part II - Admission to Bar › Section 10-215 - Special Admission

(a)    Subject to subsections (b) and (c) of this section, on a motion filed as required by rules adopted by the Court of Appeals, a court may grant special admission to practice law in a particular case to an individual who is:
(1)    admitted to the bar of another state; and
(2)    employed by a party in the case before:
(i)    a court or other unit of the State government; or
(ii)    a unit of a political subdivision of the State.
(b)    A special admission to practice law may be granted only:
(1)    by the court hearing the case for which an individual requests the special admission; or
(2)    if the case is before a unit other than a court, by:
(i)    the circuit court for the county where the unit has its principal office; or
(ii)    any circuit court to which the case may be appealed.
(c)    An individual may practice law under this section only in connection with the case for which the special admission is granted.
(d)    An individual who practices law under this section is subject to disciplinary proceedings as the Maryland Rules provide.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 3 - Trust Money › Part I - Attorney Trust Accounts › Section 10-301 - Definitions

(a)    In this Part I of this subtitle the following words have the meanings indicated.
(b)    (1)    “Attorney trust account” means an account that a lawyer or law firm maintains at a financial institution for the deposit of trust money.
(2)    “Attorney trust account” includes an escrow account.
(c)    “Beneficial owner” means a person, other than the client of a lawyer, for whose benefit a lawyer is entrusted to hold trust money.
(d)    “Trust money” means a deposit, payment, or other money that a person entrusts to a lawyer to hold for the benefit of a client or a beneficial owner.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 3 - Trust Money › Part I - Attorney Trust Accounts › Section 10-302 - Attorney Trust Account

(a)    Unless a lawyer or the firm of the lawyer maintains an attorney trust account in accordance with this subtitle and the Maryland Rules, the lawyer may not accept trust money.
(b)    Each attorney trust account shall be maintained at an approved financial institution, as provided in the Maryland Rules.
(c)    (1)    An attorney trust account may be an interest bearing or noninterest bearing account.
(2)    An attorney trust account may be:
(i)    a savings account;
(ii)    a checking account;
(iii)    an account that is subject to negotiable orders of withdrawal; or
(iv)    any combination of these accounts.
(3)    A lawyer who deposits trust money in a noninterest bearing account is not liable for damages that relate to the loss of interest on the trust money if the deposit is made in compliance with:
(i)    the provisions of this Part I of this subtitle; and
(ii)    the applicable provisions of the Maryland Rules of Professional Conduct.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 3 - Trust Money › Part I - Attorney Trust Accounts › Section 10-303 - Accounts Earning Interest for Maryland Legal Services Corporation

(a)    Subject to this section a lawyer shall deposit trust money in an attorney trust account, all interest on which is payable to the Maryland Legal Services Corporation Fund established under § 11–402 of the Human Services Article.
(b)    A lawyer shall deposit trust money in an interest bearing account under this section whenever the lawyer reasonably expects that, for the period that the lawyer expects to hold the trust money, the interest that it would earn:
(1)    would not exceed $50; or
(2)    (i)    would exceed $50; but
(ii)    would not cover the cost of administering an interest bearing account on which interest is payable to the client or beneficial owner.
(c)    The Administrative Office of the Courts, in consultation with the Maryland Legal Services Corporation, may waive the provisions of subsection (b) of this section with respect to a lawyer or law firm that demonstrates that it will cost the Maryland Legal Services Corporation Fund more in service charges to open and maintain an attorney trust account with the interest payable to the Maryland Legal Services Corporation Fund than will be generated in interest by the attorney trust account.
(d)    (1)    At least quarterly, each financial institution that has an account described under this section shall:
(i)    deduct from the total interest accumulated in the account any service charge due on the account; and
(ii)    pay the net interest to the Maryland Legal Services Corporation Fund.
(2)    A financial institution:
(i)    may not charge against the individual accounts of a lawyer any service charges for trust money in an account under this section; and
(ii)    may charge the Maryland Legal Services Corporation Fund.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 3 - Trust Money › Part I - Attorney Trust Accounts › Section 10-304 - Deposit of Trust Money

(a)    Except as provided in subsection (b) of this section, a lawyer expeditiously shall deposit trust money into an attorney trust account.
(b)    Subsection (a) of this section does not apply if there is a court order to the contrary.
(c)    Notwithstanding subsection (a) of this section or any other law, a lawyer may disburse, at settlement in a real estate transaction, trust money that the lawyer receives in the transaction.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 3 - Trust Money › Part I - Attorney Trust Accounts › Section 10-305 - Investment on Direction of Client or Beneficial Owner

Except for trust money that a lawyer is required to deposit in an attorney trust account that earns interest payable to the Maryland Legal Services Corporation, a lawyer may withdraw trust money from an attorney trust account and invest it:
(1)    as the client or beneficial owner of the trust money instructs; or
(2)    as the lawyer and the client or beneficial owner of the trust money agree.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 3 - Trust Money › Part I - Attorney Trust Accounts › Section 10-307 - Disciplinary Action

A lawyer who willfully violates any provision of this Part I of this subtitle, except for the requirement that a lawyer deposit trust money in an attorney trust account for charitable purposes under § 10–303 of this subtitle, is subject to disciplinary proceedings as the Maryland Rules provide.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 3 - Trust Money › Part II - Client Protection Fund › Section 10-311 - Establishment of Fund; Trustees

(a)    The Court of Appeals may adopt rules that:
(1)    establish a Client Protection Fund of the Bar of Maryland;
(2)    provide for the appointment of trustees to administer the Fund; and
(3)    provide for the operation of the Fund.
(b)    The purpose of the Fund is to maintain the integrity of the legal profession by paying money to reimburse losses caused by defalcations of lawyers.
(c)    By rule, the Court of Appeals may:
(1)    require a lawyer to pay an annual fee, not exceeding $20, to the Fund; and
(2)    specify the penalties, including suspension and disbarment, for practicing law without having paid the annual fee.
(d)    The Fund may raise and collect money through voluntary contributions or other means.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 3 - Trust Money › Part II - Client Protection Fund › Section 10-312 - Powers and Duties of Trustees

(a)    The trustees appointed under § 10-311 of this subtitle shall:
(1)    receive contributions to the Fund; and
(2)    manage the assets of the Fund.
(b)    To the extent the trustees consider reimbursement proper and reasonable, the trustees may use the Fund to reimburse a person for a loss that was caused by a defalcation of a lawyer if:
(1)    the lawyer caused the loss while acting for the person as an attorney at law or a fiduciary; and
(2)    the person cannot recover the money under a bond.
(c)    The trustees may enforce a claim for restitution arising by subrogation, assignment, or otherwise against any person whose actions gave rise to a claim that the Fund pays.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 3 - Trust Money › Part II - Client Protection Fund › Section 10-313 - List of Lawyers Paying Fees to Fund

(a)    By August 31 of each year, the Fund shall provide a list of lawyers who have paid an annual fee to the Fund during the previous fiscal year to:
(1)    the Department of Assessments and Taxation, to assist the Department in identifying new businesses within the State; and
(2)    the Comptroller, to assist the Comptroller in determining whether each lawyer on the list has paid all undisputed taxes and unemployment insurance contributions payable to the Comptroller or the Secretary of Labor.
(b)    The list provided under this section shall:
(1)    be provided free of charge; and
(2)    include, for each person on the list:
(i)    the name and mailing address of the person; and
(ii)    the federal tax identification number of the person or, if the person does not have a federal tax identification number, the Social Security number of the person.
(c)    If the Comptroller determines that a lawyer has not paid all undisputed taxes and unemployment insurance contributions payable to the Comptroller or the Secretary of Labor and the lawyer does not make payment or provide for payment in a manner satisfactory to the unit responsible for collection within 60 days after receiving notice of the delinquency from the Comptroller, or within any longer period authorized for good cause by the unit responsible for collection, the Comptroller may refer the matter to Bar Counsel under Maryland Rule 16–731.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 4 - Investigation of Unauthorized Practice; Injunctive Action › Section 10-402 - Investigation by Attorney General -- Confidential

(a)    (1)    Each investigation conducted under this subtitle is confidential.
(2)    Except as otherwise provided in this section, a person who participates in an investigation may not disclose the name of a person under investigation, the name of a witness, or any other information obtained in the investigation.
(b)    A person who participates in an investigation may disclose information to:
(1)    the person under investigation; and
(2)    a person to whom disclosure is required in the discharge of an official duty.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 4 - Investigation of Unauthorized Practice; Injunctive Action › Section 10-403 - Investigation by Attorney General -- Rights of Person Under Investigation

Whenever the Attorney General conducts an investigation under this subtitle, the Attorney General shall provide to the person under investigation:
(1)    a written statement that specifies the conduct under investigation; and
(2)    an opportunity to be heard and to present evidence on the conduct under investigation.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 4 - Investigation of Unauthorized Practice; Injunctive Action › Section 10-404 - Investigation by Attorney General -- Investigative and Enforcement Powers

(a)    In an investigation under this subtitle, the Attorney General, a deputy attorney general, or any assistant attorney general whom the Attorney General designates may:
(1)    issue a subpoena for the attendance of a witness to testify or the production of evidence;
(2)    administer oaths; and
(3)    examine witnesses.
(b)    The laws that relate to civil actions govern the attendance and compensation of witnesses in an investigation under this subtitle.
(c)    If a person fails to comply with a subpoena or refuses to testify about a material matter, on petition of the Attorney General, a circuit court may compel compliance with the subpoena.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 4 - Investigation of Unauthorized Practice; Injunctive Action › Section 10-405 - Investigation by Attorney General -- Duty of Public Officers and Staff

In an investigation under this subtitle, an officer of the State or of a political subdivision of the State or a deputy, clerk, or employee of the officer shall provide the information and help requested by the Attorney General, a deputy attorney general, or any assistant attorney general whom the Attorney General designates.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 4 - Investigation of Unauthorized Practice; Injunctive Action › Section 10-406 - Action for Injunction

(a)    The Attorney General or Bar Counsel appointed under Maryland Rule 16-712 may sue to enjoin an unauthorized person from practicing, attempting to practice, or offering to practice law.
(b)    (1)    If the Attorney General brings an action under this section, Bar Counsel may intervene for good cause at any stage of the proceeding.
(2)    If Bar Counsel brings an action under this section, the Attorney General may intervene for good cause at any stage of the proceeding.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 5 - Miscellaneous Provisions › Section 10-501 - Attorney's Lien

(a)    Subject to subsection (b) of this section, an attorney at law has a lien on:
(1)    a cause of action or proceeding of a client of the attorney at law from the time the cause of action arises or the proceeding begins; and
(2)    a settlement, judgment, or award that a client receives as a result of legal services that the attorney at law performs.
(b)    A lien under this section attaches only if, and to the extent that, under a specific agreement between an attorney at law and a client, the client owes the attorney at law a fee or other compensation for legal services that produced the settlement, judgment, or award.
(c)    A lien under this section is subordinate only to:
(1)    a prior lien for wages due to an employee of the client for work related to the settlement, judgment, or award; or
(2)    a lien for taxes that the client owes the State.
(d)    An attorney at law may retain property subject to a lien under this section and bring an action for execution under the lien only in accordance with rules that the Court of Appeals adopts.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 5 - Miscellaneous Provisions › Section 10-502 - Matters Before Lawyer Counseling Committees; Immunity of Members

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Lawyer counseling committee” means a group of individuals that:
(i)    is recognized by the Court of Appeals;
(ii)    is a standing committee of the Maryland State Bar Association or of a local bar association;
(iii)    consists of lawyers and other individuals necessary to carry out the functions of the committee; and
(iv)    evaluates and helps a lawyer in need of treatment and rehabilitation for:
1.    substance abuse; or
2.    any other physical, emotional, or mental condition that adversely affects the ability of the lawyer to practice law in accordance with the rules adopted by the Court of Appeals.
(3)    “Local bar association” means:
(i)    in Baltimore City, the Bar Association of Baltimore City; or
(ii)    in each county, the bar association with the greatest number of members who are residents of the county and who maintain their principal office for the practice of law in that county.
(b)    (1)    This subsection does not apply to a proceeding before the Attorney Grievance Commission or a disciplinary proceeding against a lawyer before a circuit court or the Court of Appeals.
(2)    The proceedings, records, and files of a lawyer counseling committee are not admissible into evidence or discoverable in an action that arises out of a matter that the lawyer counseling committee is or has been reviewing.
(c)    Notwithstanding any other law, a member of a lawyer counseling committee shall have the immunity from liability and may not be subject to any disciplinary proceeding as described in § 5-416 of the Courts and Judicial Proceedings Article.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 6 - Prohibited Acts; Penalties › Section 10-601 - Practicing Without Admission to Bar

(a)    Except as otherwise provided by law, a person may not practice, attempt to practice, or offer to practice law in the State unless admitted to the Bar.
(b)    While an individual is on inactive status or disbarred or while the individual’s right to practice law is suspended or revoked, the individual may:
(1)    discharge existing obligations;
(2)    collect and distribute accounts receivable; or
(3)    perform any other act that is necessary to conclude the affairs of a law practice but that does not constitute practicing law.
(c)    It is not a defense to a charge of a violation of this section that the defendant acted through an officer, director, partner, trustee, agent, or employee who is a lawyer.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 6 - Prohibited Acts; Penalties › Section 10-602 - Misrepresentation as Authorized Practitioner

Unless authorized by law to practice law in the State, a person may not represent to the public, by use of a title, including “lawyer”, “attorney at law”, or “counselor at law”, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice law in the State.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 6 - Prohibited Acts; Penalties › Section 10-603 - Court and Correctional Employees

(a)    This section does not apply to:
(1)    a lawyer while employed as a part–time magistrate for juvenile cases; or
(2)    an individual while:
(i)    performing an affirmative duty required by law; or
(ii)    engaging in an activity related to a case in which the individual is a party or has a property interest.
(b)    Even if an individual has been admitted to the Bar, the individual may not practice law while employed:
(1)    except as provided in subsection (c) of this section, as a sheriff or deputy sheriff;
(2)    in a jail or penitentiary, as:
(i)    a warden or deputy warden; or
(ii)    a superintendent or deputy superintendent;
(3)    as a bailiff;
(4)    as a clerk or deputy clerk of any court or an employee of a clerk;
(5)    as a register or deputy register of wills or an employee of a register of wills; or
(6)    as an officer or employee in a juvenile court.
(c)    An individual employed as a sheriff or deputy sheriff in Washington County who has been admitted to the Bar may practice law in a county other than Washington County.
(d)    (1)    This subsection does not apply to the settlement of small estates as set forth in Title 5, Subtitle 6 of the Estates and Trusts Article.
(2)    In Prince George’s County, a sheriff, deputy sheriff, warden, deputy warden, clerk, or employee of any court may not prepare or help in the preparation of any form or document that is filed in a court in that county or that affects a case that is or may be filed in a court in that county.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 6 - Prohibited Acts; Penalties › Section 10-604 - Barratry

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Law enforcement agency” means an agency that is listed in § 3–101(e) of the Public Safety Article.
(3)    “Motor vehicle accident” has the meaning stated in § 27–401 of the Insurance Article.
(4)    “Report” means a report completed by a police officer of a law enforcement agency that:
(i)    indicates that a motor vehicle accident occurred; and
(ii)    includes information about a person involved in the motor vehicle accident, including the person’s name, telephone number, and address.
(b)    Without an existing relationship or interest in an issue:
(1)    a person may not, for personal gain, solicit another person to sue or to retain a lawyer to represent the other person in a lawsuit;
(2)    a person who is not a lawyer may not, for personal gain, access a report for the purpose of soliciting another person to sue or to retain a lawyer to represent the other person; and
(3)    a lawyer, except as provided in the Rules of Professional Conduct, may not:
(i)    for personal gain, solicit another person to sue or to retain the lawyer to represent the person in a lawsuit;
(ii)    directly or indirectly employ or in any way compensate or agree to employ or compensate any person as an expert witness or otherwise for the purpose of having that person solicit or attempt to solicit clients for the lawyer;
(iii)    knowingly represent a person who retained the lawyer as a result of solicitation prohibited under this section; or
(iv)    cause a case to be instituted without the authority of a client.
(c)    Any solicitation involving acts described in this section is prima facie evidence that the person soliciting is acting for gain.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 6 - Prohibited Acts; Penalties › Section 10-605.1 - Prohibited Written Communications

(a)    This section applies only to the following forms of communication:
(1)    an audio recording;
(2)    a computer on-line transmission;
(3)    a facsimile transmission;
(4)    a letter or other form of written communication;
(5)    a telegraphic transmission;
(6)    a telephonic transmission; and
(7)    a video recording.
(b)    A lawyer may not send a communication, directly or through an agent, to a prospective client for the purpose of obtaining professional employment if the communication concerns an action for personal injury or wrongful death, or otherwise relates to an accident or disaster involving the person to whom the communication is sent or the person’s relative, unless the accident or disaster occurred more than 30 days before the date the communication is sent.
(c)    This section does not apply to a communication sent by a lawyer to a prospective client at the request of the prospective client.
2023 Maryland Statutes › Business Occupations and Professions › Title 10 - Lawyers › Subtitle 6 - Prohibited Acts; Penalties › Section 10-606 - Penalties

(a)    (1)    A corporation, partnership, or any other association that violates § 10–601 or § 10–602 of this subtitle is subject to a fine not exceeding $5,000.
(2)    An officer, director, partner, trustee, agent, or employee who acts to enable a corporation, partnership, or association to violate § 10–601 or § 10–602 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.
(3)    Except as provided in paragraphs (1) and (2) of this subsection, a person who violates § 10–601 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.
(b)    A person who willfully violates any provision of Subtitle 3, Part I of this title, except for the requirement that a lawyer deposit trust money in an attorney trust account for charitable purposes under § 10–303 of this title, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 5 years or both.
(c)    Except as provided in subsections (a) and (b) of this section, a person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
2023 Maryland Statutes › Business Occupations and Professions › Title 10.5 - Oil and Gas Land Professionals › Section 10.5-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    (1)    “Land professional” means a person that, acting on the person’s own behalf or on behalf of a prospective lessee or buyer, negotiates with a property owner for the acquisition of mineral rights in oil or gas in the State.
(2)    “Land professional” does not include a person that negotiates for the acquisition or divestiture of a lessee’s interest in an existing lease for mineral rights in oil or gas.
(c)    (1)    “Mineral rights in oil or gas” means property rights that allow the holder of the rights to enter onto or under the property of another person for the extraction of crude oil, natural gas, or the constituents of crude oil or natural gas.
(2)    “Mineral rights in oil or gas” includes an oil or gas lease.
2023 Maryland Statutes › Business Occupations and Professions › Title 10.5 - Oil and Gas Land Professionals › Section 10.5-103 - Registration

(a)    A person shall register as a land professional by submitting to the Department:
(1)    an initial registration application on the form required by the Department; and
(2)    an initial registration fee set by the Department.
(b)    The Department shall assign a registration number and issue a registration certificate to each person that meets the requirements of subsection (a) of this section.
(c)    A registration under this title is valid for 2 years from the effective date of the registration and may be renewed by submitting to the Department:
(1)    a registration renewal application on the form required by the Department; and
(2)    a registration renewal fee set by the Department.
2023 Maryland Statutes › Business Occupations and Professions › Title 10.5 - Oil and Gas Land Professionals › Section 10.5-105 - Regulations

The Department shall adopt regulations that:
(1)    establish a registration form for the initial and renewal registration of a land professional;
(2)    set fees for the issuance of an initial registration and for a registration renewal;
(3)    provide for the assignment of a registration number and the issuance of a registration certificate to each registered land professional; and
(4)    establish any other requirements and procedures necessary to implement this title.
2023 Maryland Statutes › Business Occupations and Professions › Title 10.5 - Oil and Gas Land Professionals › Section 10.5-107 - Penalties

(a)    A person that violates any provision of this title or any regulation adopted under this title is guilty of a misdemeanor and on conviction is subject to:
(1)    for a first violation, a fine of not less than $500 but not exceeding $1,000; and
(2)    for a second or subsequent violation, a fine of not less than $1,000 but not exceeding $2,000.
(b)    Any fines collected under this section shall be paid into the General Fund of the State.
2023 Maryland Statutes › Business Occupations and Professions › Title 11 - Pilots › Subtitle 1 - Definitions › Section 11-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Association” means the Association of Maryland Pilots.
(c)    “Board” means the State Board of Pilots.
(d)    (1)    “License” means, unless the context requires otherwise, a license issued by the Board to provide pilotage.
(2)    “License” includes, unless the context requires otherwise, a limited license.
(e)    (1)    “Licensed pilot” means a pilot who is licensed by the Board to provide pilotage.
(2)    “Licensed pilot” includes the holder of a limited license.
(f)    (1)    “Limited license” means a license issued by the Board to provide pilotage as limited by § 11–407 of this title.
(2)    “Limited license” includes a 40–foot–draft limited license, a 36–foot–draft limited license, and a 32–foot–draft  limited license.
(g)    “Pilot” means an individual who provides pilotage.
(h)    “Pilot-in-training” means an individual who is engaged in training, under the supervision of a licensed pilot, to provide pilotage.
(i)    (1)    “Provide pilotage” means to pilot a vessel under the provisions of this title when the vessel is underway on the navigable waters of the State, including when the vessel is towing or being towed by another vessel.
(2)    “Provide pilotage” includes:
(i)    maneuvering a vessel during berthing or unberthing operations; and
(ii)    shifting a vessel within a port with tug assistance.
2023 Maryland Statutes › Business Occupations and Professions › Title 11 - Pilots › Subtitle 2 - State Board of Pilots › Section 11-204 - Quorum; Meetings; Compensation; Staff

(a)    A majority of the authorized membership of the Board is a quorum.
(b)    The Board shall determine the times and places of its meetings.
(c)    (1)    Subject to paragraph (2) of this subsection and to the State budget, each member of the Board is entitled to:
(i)    compensation of $500 per year, to be paid out of money that the Board collects; and
(ii)    reimbursement for expenses under the Standard State Travel Regulations.
(2)    The Secretary or designee of the Secretary is not entitled to compensation under this subsection.
(d)    The Board may employ a staff in accordance with the State budget.
2023 Maryland Statutes › Business Occupations and Professions › Title 11 - Pilots › Subtitle 2 - State Board of Pilots › Section 11-205 - Miscellaneous Powers and Duties

(a)    In addition to any powers set forth elsewhere, the Board may adopt regulations and pass orders to govern and regulate licensed pilots.
(b)    In addition to any duties set forth elsewhere, the Board shall:
(1)    adopt a seal; and
(2)    be responsible for safety in providing pilotage.
2023 Maryland Statutes › Business Occupations and Professions › Title 11 - Pilots › Subtitle 2 - State Board of Pilots › Section 11-206 - Financial Operations

(a)    The Board shall receive all fees and other charges collectible under §§ 11–406 and 11–408 of this title.
(b)    Except as otherwise provided by law, the Board shall pay all money collected under this title into the General Fund of the State.
(c)    The compensation of the Board and reimbursement for expenses under the Standard State Travel Regulations shall be as provided in the State budget.
2023 Maryland Statutes › Business Occupations and Professions › Title 11 - Pilots › Subtitle 2 - State Board of Pilots › Section 11-208 - Incident Committee

(a)    There is an incident committee within the Board.
(b)    The chairperson of the Board shall appoint one pilot member of the Board and one steamship industry member of the Board to the incident committee.
(c)    The incident committee shall:
(1)    review all complaints filed with the Board and all reports of incidents filed by a licensed pilot; and
(2)    make a recommendation to the full Board on the disposition of each matter.
(d)    Before making a recommendation, the incident committee may request the Department to appoint an individual with experience in the investigation of maritime casualties to prepare a report on the underlying facts of a complaint or incident arising under § 11-409(a)(5) of this title.
2023 Maryland Statutes › Business Occupations and Professions › Title 11 - Pilots › Subtitle 3 - Apprentice Pilots › Section 11-303 - Qualifications of Applicants

To be included on the list of applicants who qualify to be pilots-in-training, an applicant shall:
(1)    be at least 21 years old;
(2)    provide the Board with proof of recent satisfactory completion of the physical requirements for a first-class pilot license, as determined by the U.S. Coast Guard;
(3)    agree to participate in a U.S. Coast Guard approved random drug testing program;
(4)    have one or more of the following maritime credentials:
(i)    a degree from a 4-year course of study at an accredited maritime institution acceptable to the Board, and a current license as third mate, or greater grade, of steam and motor vessels, any gross tons upon oceans;
(ii)    a current license as a master of steam and motor vessels, any gross tons upon oceans, that is issued by the U.S. Coast Guard and that contains an appropriate radar endorsement; or
(iii)    a minimum of 5 years’ experience in the maritime industry working on vessels in the deck department as a licensed master or mate on tugs or inspected vessels, of which at least 2 years’ experience shall be as the master of a ship-assist harbor tug; and
(5)    pass any mental or physical examination that the Board requires to verify that the applicant is mentally and physically capable of providing pilotage.
2023 Maryland Statutes › Business Occupations and Professions › Title 11 - Pilots › Subtitle 3 - Apprentice Pilots › Section 11-305 - Placement on List of Qualified Applicants; Appointment

(a)    The Board shall place the name of each applicant who meets the requirements of this subtitle on the list of qualified applicants.
(b)    From the list of qualified applicants, the Board may choose and appoint the number of pilots-in-training that the Board considers necessary to protect the commercial interests of the State.
2023 Maryland Statutes › Business Occupations and Professions › Title 11 - Pilots › Subtitle 4 - Licensing › Section 11-401 - License Required

(a)    Except as otherwise provided in this subtitle, an individual shall be licensed by the Board before the individual may provide pilotage in the State.
(b)    An individual may provide pilotage to a vessel in distress until a licensed pilot comes on board and offers to provide pilotage.
(c)    A person who provides pilotage without a license is liable for any damages that result.
2023 Maryland Statutes › Business Occupations and Professions › Title 11 - Pilots › Subtitle 4 - Licensing › Section 11-402 - Licenses Enumerated

Subject to the provisions of this subtitle, the Board may issue:
(1)    a license;
(2)    a 40–foot–draft  limited license;
(3)    a 36–foot–draft  limited license; and
(4)    a 32–foot–draft  limited license.