reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 04 - MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION › Chapter 14.04.07 - Investment Committee › Section 14.04.07.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations establish the Investment Committee of the
				  Board and prescribe the responsibilities of the Investment Committee and the
				  procedures of the Board to appoint the members of the Investment
				  Committee.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 04 - MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION › Chapter 14.04.07 - Investment Committee › Section 14.04.07.02 - Objective

Current through Register Vol. 51, No. 14, July 12, 2024
The objective of the Investment Committee is to advise on and
				  approve the investments as required under the Act.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 04 - MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION › Chapter 14.04.07 - Investment Committee › Section 14.04.07.03 - Investment Committee Established

Current through Register Vol. 51, No. 14, July 12, 2024
A. Established. There is an Investment
				Committee of the Board.
B.
				Composition. The Investment Committee shall consist of three directors. Each
				member of the Investment Committee shall serve for a term of 1 year and until
				the director's successor is duly appointed and qualifies.
C. Procedures for Appointment. The Board
				shall elect the members of the Investment Committee by the same procedures as
				set forth in the TEDCO Bylaws that the Board uses for the election of officers.
				In considering directors for appointment to the Investment Committee, the Board
				and any nominating committee of the Board shall consider appropriate
				qualifications for serving on the Investment Committee, including:
(1) Relevant professional experience or
				education in economic development, economics, public policy, investment,
				finance, or diverse communities; and
(2) Potential conflicts that may impair the
				director's ability to participate in the matters before the Investment
				Committee.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 04 - MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION › Chapter 14.04.07 - Investment Committee › Section 14.04.07.04 - Standards for Review and Approval of Investments

Current through Register Vol. 51, No. 14, July 12, 2024
A. Responsibilities of the Committee.
(1) Consider and Determine Substantial
				Economic Impact. Upon request by Chief Executive Officer of TEDCO, the
				Investment Committee shall determine whether an investment in a business will
				have a substantial economic impact in the State. If the Investment Committee
				determines that an investment will have a substantial economic impact in the
				State, the Investment Committee shall authorize TEDCO to make the investment.
				If the Investment Committee does not determine that the investment will have a
				substantial economic impact in the State, the Investment Committee may not
				authorize TEDCO to make the investment.
(2) Monitor Investments. In addition to any
				other meeting for the purpose of approving an investment under §A(1) of
				this regulation, the Investment Committee shall meet at least two times per
				year to review:
(a) Investments in businesses
				which TEDCO staff has determined are no longer qualified businesses or no
				longer satisfy § 10-401(g)(1) (i) of the Act; and
(b) Reports issued by TEDCO in accordance
				with § 10-415 of the Act.
(3) Post-Investment Determinations. For the
				first 5 years after making an investment, if TEDCO identifies a business that
				ceases to be a qualified business, TEDCO shall notify the Investment Committee.
				To the extent possible and available, TEDCO shall deliver to the Investment
				Committee information sufficient for the Investment Committee to determine
				whether the business has had a substantial economic impact in the State or is
				reasonably projected to have a substantial economic impact in the
				State.
(4) Information Considered.
				In considering whether an investment has had or will have a substantial
				economic impact in the State, the Investment Committee may rely on information
				provided by TEDCO and may conduct its own investigation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 04 - MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION › Chapter 14.04.08 - Stem Cell Research Commission › Section 14.04.08.02 - Program Objective

Current through Register Vol. 51, No. 14, July 12, 2024
The basic objective of the Program is to provide financial
				  assistance to qualified applicants to advance stem cell research and its
				  therapeutic applications.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 04 - MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION › Chapter 14.04.08 - Stem Cell Research Commission › Section 14.04.08.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) Applicant.
(a) "Applicant" means a person located in
				Maryland who applies for the financial assistance provided pursuant to this
				chapter.
(b) "Applicant" includes a
				public or private institution of higher education and a public or private
				corporation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 04 - MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION › Chapter 14.04.08 - Stem Cell Research Commission › Section 14.04.08.04 - Eligible Applicants

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be
				eligible for financial assistance, an applicant shall certify to the Commission
				and the Corporation that the applicant:
(1)
				Will use the financial assistance solely in accordance with the requirements of
				the Program;
(2) Will conduct the
				stem cell research for which financial assistance is requested in
				Maryland;
(3) Has the legal
				capacity and all necessary legal authorization to incur the obligations related
				to the financial assistance; and
(4) Will comply with all applicable State and
				federal laws, including the requirement that stem cell research receiving
				financial assistance be conducted only after the approval of an Institutional
				Review Board.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 04 - MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION › Chapter 14.04.08 - Stem Cell Research Commission › Section 14.04.08.05 - Financial Assistance Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
The Commission shall consider the following factors in
				  determining whether to award financial assistance to an applicant:
A. The scientific merit of the stem cell
				research described in the application, taking into account the evaluation,
				rankings, and recommendations of an independent scientific peer review
				committee pursuant to § 10-435 of the Act,
B. The ethical implications of the stem cell
				research described in the application;
C. The relationship between the stem cell
				research described in the application and the etiology, prevention, diagnosis,
				or treatment of a disease;
D. The
				potential impact of the stem cell research described in the application on
				technological innovation and the advancement of biotechnology in Maryland's
				academic, business, and nonprofit sectors; and
E. The relationship between the stem cell
				research described in the application and other research and sources of
				research funding.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 04 - MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION › Chapter 14.04.08 - Stem Cell Research Commission › Section 14.04.08.06 - Financial Assistance Terms

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				financial assistance may be used for the purposes stated in the application,
				including the cost of facilities, capital leases, and capital equipment at a
				place where stem cell research is conducted.
B. The amount of indirect, unspecified, or
				overhead costs included in an application may not exceed the percentage of the
				total cost of the research identified by the Commission in a request for
				applications.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 04 - MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION › Chapter 14.04.08 - Stem Cell Research Commission › Section 14.04.08.07 - Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. An application
				for financial assistance shall be in the form and with the content identified
				by the Commission in a request for applications.
B. An application shall categorize the stem
				cell research described in the application by reference to the categories of
				research identified by the Commission in a request for applications.
C. An application shall state the intended
				duration of the State-funded stem cell research.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 04 - MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION › Chapter 14.04.08 - Stem Cell Research Commission › Section 14.04.08.08 - Agreement Following Award of Financial Assistance

Current through Register Vol. 51, No. 14, July 12, 2024
A. A grantee shall execute a grant agreement
				or loan agreement with the Corporation, in a form prescribed by the
				Corporation, that:
(1) Makes disbursement of
				financial assistance contingent on evidence of IRB approval of the State-funded
				stem cell research described in the application;
(2) Acknowledges, as appropriate, that an
				award of financial assistance beyond the current fiscal year may be contingent
				on future appropriations to the Fund;
(3) Establishes the scope of the State's
				ownership or other financial interest in the commercialization and other
				benefits of the results, products, inventions, and discoveries of the
				State-funded stem cell research described in the application;
(4) Discusses, as appropriate, other matters
				related to intellectual property; and
(5) Contains other assurances, as determined
				by the Corporation, related to the grantee's compliance with applicable law and
				the terms of the financial assistance.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 04 - MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION › Chapter 14.04.08 - Stem Cell Research Commission › Section 14.04.08.09 - Nondiscrimination

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant shall comply with all applicable federal, State,
				  and local laws regarding discrimination and equal opportunity in
				  employment.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 04 - MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION › Chapter 14.04.08 - Stem Cell Research Commission › Section 14.04.08.10 - Drug-Free and Alcohol-Free Workplace

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant shall comply, and remain in compliance, with the
				  State's policy concerning drug-free and alcohol-free workplaces, as set forth
				  in Executive Order
				  01.01.1989.18G,
				  and shall make a good-faith effort to eliminate illegal drug use and alcohol
				  and drug abuse from places at which work is performed that has been financed in
				  whole or in part with financial assistance.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 04 - MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION › Chapter 14.04.08 - Stem Cell Research Commission › Section 14.04.08.11 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
The Corporation, in consultation with the Commission, may
				  waive or vary particular provisions of these regulations to the extent that the
				  waiver is not inconsistent with the Act if:
A. Conformance to the requirements of any
				federal, State, or local programs in connection with State-funded stem cell
				research necessitates waiver or variance of a regulation; or
B. In the determination of the Corporation,
				the application of a regulation in a specific case or in an emergency situation
				would be inequitable or contrary to the purposes of the Act.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 04 - MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION › Chapter 14.04.09 - Maryland Equity Investment Fund › Section 14.04.09.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations prescribe the objectives and investment
				  policy of the Maryland Equity Investment Fund, and the eligibility
				  requirements, criteria, procedures, and guidelines for investment by the
				  Maryland Equity Investment Fund.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 04 - MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION › Chapter 14.04.09 - Maryland Equity Investment Fund › Section 14.04.09.02 - Objective

Current through Register Vol. 51, No. 14, July 12, 2024
Through the Maryland Equity Investment Fund, TEDCO seeks to
				  invest in qualified businesses with a goal to increase private equity and
				  venture capital in the State that will have the potential to:
A. Generate financial returns to the benefit
				of the participants of the several pension systems managed by the State
				Retirement and Pension System; and
B. Foster economic growth throughout the
				State.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 04 - MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION › Chapter 14.04.09 - Maryland Equity Investment Fund › Section 14.04.09.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Maryland Equity Investment Fund" means
				the investment program established by §10-487 of the Act.
(2) "Qualified business" has the meaning
				stated in §10-487(a)(4) of the Act.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 04 - MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION › Chapter 14.04.09 - Maryland Equity Investment Fund › Section 14.04.09.04 - Investment Philosophy and Types of Qualified Businesses

Current through Register Vol. 51, No. 14, July 12, 2024
TEDCO seeks to invest in businesses that have demonstrated
				  financial success and continued growth potential appropriate for subsequent
				  venture investments or a public offering.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 04 - MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION › Chapter 14.04.09 - Maryland Equity Investment Fund › Section 14.04.09.05 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
TEDCO shall be satisfied that the applicant is a qualified
				  business and meets the requirements under COMAR 14.04.02.04.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 04 - MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION › Chapter 14.04.09 - Maryland Equity Investment Fund › Section 14.04.09.06 - Investment Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
In General. In addition to the investment criteria set forth
				  in COMAR 14.04.02.05, TEDCO shall consider
				  the following investment criteria:
A.
				Whether the market opportunity is appropriate for venture capital;
B. Whether the applicant, at the time it
				submits an application to TEDCO, is raising a minimum investment round of
				$2,000,000;
C. Whether the
				investment has the potential to generate returns of two times the amount of
				TEDCO's invested capital not more than 8 years from the date of the
				investment;
D. Whether the
				applicant presents a plausible exit strategy for investors; and
E. Whether the management team has the skills
				and ability to effectively secure an institutional venture investment
				concurrent with the investment of the Maryland Equity Investment
				Fund.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 04 - MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION › Chapter 14.04.09 - Maryland Equity Investment Fund › Section 14.04.09.07 - Procedures and Guidelines for Investment Decisions

Current through Register Vol. 51, No. 14, July 12, 2024
TEDCO shall select businesses for investment by the Maryland
				  Equity Investment Fund in accordance with the application process set forth in
				  COMAR 14.04.02.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 06 - OFFICE OF THE PUBLIC DEFENDER › Chapter 14.06.01 - Representation › Section 14.06.01.01 - Provisions for Representation

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				The Office of the Public Defender shall provide representation to a person
				cited for contempt for failure to pay court-ordered support payments under the
				following circumstances:
(1) Upon request by
				the Court or upon application by the person cited;
(2) If it is determined that the person cited
				is indigent in accordance with Article 27A, 2(f) and 7(a), Annotated Code of
				Maryland, and the person cited has no private counsel who had previously
				represented him in a divorce or paternity proceedings whose appearance is still
				pending on the cited person's behalf; and
(3) That the person cited is actually facing
				a prison term.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 06 - OFFICE OF THE PUBLIC DEFENDER › Chapter 14.06.02 - Panel Attorneys › Section 14.06.02.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. As used in this
				chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Office" means the Office of the Public
				Defender, including a district office of the Public Defender.
(2) "District public defender" means:
(a) The attorney-at-law appointed by the
				Public Defender to be in charge of a district comprising one or more political
				subdivisions conforming to the geographic boundaries of the District Court
				districts established in Courts and Judicial Proceedings Article, §
											1-602,
				Annotated Code of Maryland; or
(b)
				A division chief of a Statewide division within the office designated by the
				Public Defender.
(3)
				"Federal fee maximum" has the meaning stated in §B(6) of this
				regulation.
(4) "Panel attorney"
				means any attorney licensed to practice law in Maryland and who qualifies and
				is eligible for appointment as counsel to an indigent person as defined by
				Article 27A, Annotated Code of Maryland.
(5) "Public Defender" means the head of the
				Office of the Public Defender.
(6)
				"Rate at which federal panel attorneys are compensated" means those rates of
				compensation for panel attorneys assigned to represent indigent federal
				criminal defendants, promulgated at
				18 U.S.C. §
											3006A (Criminal Justice Act).
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 06 - OFFICE OF THE PUBLIC DEFENDER › Chapter 14.06.02 - Panel Attorneys › Section 14.06.02.02 - Introduction

Current through Register Vol. 51, No. 14, July 12, 2024
The following regulations established for the operation and
				  administration of the Office for the conduct of professional legal services of
				  panel attorneys under the Public Defender Statute (Article 27A, § 6,
				  Annotated Code of Maryland).
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 06 - OFFICE OF THE PUBLIC DEFENDER › Chapter 14.06.02 - Panel Attorneys › Section 14.06.02.03 - Duty of the Public Defender

Current through Register Vol. 51, No. 14, July 12, 2024
Pursuant to Article 27A, §4, Annotated Code of Maryland,
				  the Public Defender is charged with the primary duty to provide legal
				  representation to any indigent eligible for services under the Article, in the
				  following proceedings:
A. In any
				criminal or juvenile proceeding constitutionally requiring the presence of
				counsel before presentment before a commissioner or judge;
B. Criminal or juvenile proceedings, when the
				defendant is charged with a serious crime, before the District Court of
				Maryland, the various circuit courts within the State, and the Court of Special
				Appeals;
C. Post conviction
				proceedings under Criminal Procedure Article, Annotated Code of Maryland, when
				the defendant has a right to counsel pursuant to Criminal Procedure Article,
				§
									7-108;
D. Any other proceeding when possible
				incarceration pursuant to a judicial commitment of individuals in institutions
				of a public or private nature may result;
E. An eligible party to a Child in Need of
				Assistance (CINA) proceeding who is entitled to the assistance of counsel as
				defined in Courts and Judicial Proceedings Article, §
									3-813,
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 06 - OFFICE OF THE PUBLIC DEFENDER › Chapter 14.06.02 - Panel Attorneys › Section 14.06.02.04 - Assignment of Panel Attorneys

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				When the office determines that an applicant for legal services is, in fact, an
				indigent and qualified for legal services under the Act, the Office may assign
				the applicant to a panel attorney. The Public Defender may relieve a panel
				attorney and substitute a new panel attorney. A panel attorney may not
				circumvent reassignment by entering a notice of appearance as private
				counsel.
B. Primary Duty of Panel
				Attorneys. The primary duty of all panel attorneys appointed by the Office
				shall be to the individual defendant, with like effect and to the same purpose
				as though privately engaged by the indigent person and without regard to the
				use of public funds to provide the service (Article 27A, §
				6(c)).
C. Privileged Communication.
				All communications between the individual defendant and any person in or
				engaged by the Office shall be fully protected by the attorney-client privilege
				to the same extent and degree as though counsel had been privately engaged.
				This does not preclude the use by the Office of material in the defendant's
				files, otherwise privileged, for the preparation and disclosure of statistical,
				case study, and other sociological data, provided always that in this use there
				shall be no disclosure of the identity of particular defendants.
D. Each district public defender, subject to
				the authority and supervision of the Public Defender, shall maintain a
				confidential list of private attorneys who are eligible to provide legal
				representation under Article 27A, Annotated Code of Maryland. The qualification
				criteria for the panel attorneys shall be set forth by the Public
				Defender.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 06 - OFFICE OF THE PUBLIC DEFENDER › Chapter 14.06.02 - Panel Attorneys › Section 14.06.02.05 - Final Report

Current through Register Vol. 51, No. 14, July 12, 2024
At the conclusion of professional services, a panel attorney
				  shall file a final report on forms furnished by the Office. Final petitions for
				  fees will not be honored unless accompanied by a final report
				  form.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 06 - OFFICE OF THE PUBLIC DEFENDER › Chapter 14.06.02 - Panel Attorneys › Section 14.06.02.06 - Fees and Expenses

Current through Register Vol. 51, No. 14, July 12, 2024
A. Hourly
				Rate. As the annual budget permits, panel attorneys will be compensated at the
				same hourly rate at which federal panel attorneys are compensated for indigent
				criminal defense representation, effective July 1, 2007. For cases assigned on
				or after July 1, 2006 and before July 1, 2007, panel attorneys will be
				compensated at an hourly rate of $90 per hour. For cases assigned on or after
				July 1, 2005, and before July 1, 2006, panel attorneys will be compensated at
				an hourly rate of $75 per hour. For cases assigned on or after January 1, 2005
				and before July 1, 2005, panel attorneys will be compensated at an hourly rate
				of $50 per hour. Services performed, time spent, and compensation requested
				shall be detailed on petition forms supplied by the Office and certified under
				oath by the panel attorney.
B.
				Maximum Allowable Fees.
(1) A district public
				defender or division chief may allow fees in each case up to the maximum
				established for corresponding federal panel attorney representation effective
				July 1, 2007. The corresponding federal fee maximum is based on the court in
				which representation is provided as follows:
(a) District Court-federal
				misdemeanor;
(b) Circuit
				court-federal felony;
(c) Juvenile
				Court-federal felony;
(d) Court of
				Special Appeals-federal appeal; and
(e) Court of Appeals-federal
				appeal.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 06 - OFFICE OF THE PUBLIC DEFENDER › Chapter 14.06.02 - Panel Attorneys › Section 14.06.02.07 - Time for Submitting Petition for Fee

Current through Register Vol. 51, No. 14, July 12, 2024
Except for unusual or extenuating circumstances causing a
				  delay in submission, each petition and final report shall be forwarded to the
				  district public defender within 60 days of the final court event for the case.
				  Unwarranted delays may cause the petition to be denied.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 06 - OFFICE OF THE PUBLIC DEFENDER › Chapter 14.06.02 - Panel Attorneys › Section 14.06.02.08 - Review of Petition for Fee and Expenses by District Public Defender

Current through Register Vol. 51, No. 14, July 12, 2024
All petitions for fees and expenses are subject to review and
				  approval by the district public defender. District public defenders are
				  authorized to allow fees up to the maximum fee schedule and, in addition, may
				  recommend a fee in excess of the maximum to the Public Defender. The Public
				  Defender will approve fees and expenses as the Public Defender deems reasonable
				  and as necessitated by budget limitations.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 06 - OFFICE OF THE PUBLIC DEFENDER › Chapter 14.06.02 - Panel Attorneys › Section 14.06.02.09 - Review of Petition for Fee and Expenses by District Advisory Board

Current through Register Vol. 51, No. 14, July 12, 2024
Pursuant to Article 27A, §§ 6(d) and 10(c),
				  Annotated Code of Maryland, any panel attorney seeking compensation for legal
				  fees or expenses disapproved by the Public Defender or in excess of those
				  authorized for payment may seek the review of his or her petition by the
				  district advisory board. When this review is sought, the panel attorney shall
				  notify the district public defender who will schedule a review with the board.
				  The decision of the district advisory board is advisory.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 06 - OFFICE OF THE PUBLIC DEFENDER › Chapter 14.06.02 - Panel Attorneys › Section 14.06.02.10 - Accepting Fees from Accused

Current through Register Vol. 51, No. 14, July 12, 2024
Pursuant to Article 27A, § 6(d), Annotated Code of
				  Maryland, a panel attorney may not accept any fee, gratuity, or other valuable
				  consideration from the accused, his family, or his friends. If such an offer is
				  made, the information should be promptly communicated to the district public
				  defender for appropriate action.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 06 - OFFICE OF THE PUBLIC DEFENDER › Chapter 14.06.02 - Panel Attorneys › Section 14.06.02.11 - Redetermination of Indigency

Current through Register Vol. 51, No. 14, July 12, 2024
Before the appointment of a panel attorney to represent an
				  accused, a determination of indigency was made by the Office. After
				  appointment, if a panel attorney discovers that an accused has secreted assets
				  or falsified information regarding his true financial status, the panel
				  attorney should promptly advise the district public defender. The district
				  public defender will make further investigation of the financial status of the
				  accused and, thereafter, advise the panel attorney regarding his continued
				  appearance in the case and as to any other appropriate
				  action.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 06 - OFFICE OF THE PUBLIC DEFENDER › Chapter 14.06.02 - Panel Attorneys › Section 14.06.02.12 - Funding Availability

Current through Register Vol. 51, No. 14, July 12, 2024
Implementation of this chapter is contingent upon
				  availability of funds in accordance with State Finance and Procurement Article,
				  §§
									7-234
				  and
				  7-235,
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 06 - OFFICE OF THE PUBLIC DEFENDER › Chapter 14.06.03 - Eligibility for Services › Section 14.06.03.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "District" means an area comprising one
				or more political subdivisions conforming to the geographic boundaries of the
				District Court districts established in the Courts and Judicial Proceedings
				Article, §
										1-602,
				Annotated Code of Maryland.
(2)
				"District public defender" means the district public defender of each of the
				various districts described in §B(1), above.
(3) "Division" means an organization subunit
				through which the Office of the Public Defender provides specialized defense
				services, including representation in appellate, post-conviction, involuntary
				institutionalization, child in need of assistance, termination of parental
				rights, and capital proceedings.
(4) "Division chief" means the
				attorney-at-law appointed by the public defender to be in charge of a
				division.
(5) "Expenses", when used
				with reference to representation under these regulations, means all costs
				incident to investigation, other pretrial preparation, trial, and appeal of a
				person accused of a serious crime.
(6) "Indigent" means any person taken into
				custody or charged with a serious crime as defined under the laws of Maryland
				or the laws and ordinances of any county, municipality, or Baltimore City, who
				under oath or affirmation subscribes and states in writing that he is
				financially unable, without undue hardship, to provide for the full payment of
				an attorney and all other necessary expenses of legal representation.
(7) "Office" means the Office of the Public
				Defender, including district offices of the Public Defender and branch offices
				as are deemed necessary.
(8)
				"Serious crimes" when used in these regulations applies to serious crimes as
				defined under the Public Defender Statute, Article 27A, § 2(h), Annotated
				Code of Maryland, as expanded by Argersinger v. Hamlin, 407 U.S. 31(1972), in
				which the Court stated that, " . . . absent a knowing and intelligent waiver,
				no person may be imprisoned for any offense, whether classified as petty,
				misdemeanor or felony, unless he is represented by counsel at his trial." ( 407
				U.S. 31 at 35).
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 06 - OFFICE OF THE PUBLIC DEFENDER › Chapter 14.06.03 - Eligibility for Services › Section 14.06.03.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				regulations are established for the operation and administration of the office
				for the determination of eligibility for public defender services under the
				Public Defender Statute, Criminal Procedure Article, 16-207 and 16-210,
				Annotated Code of Maryland, and Office of the Public Defender v. State, 413 Md.
				411 (2010).
B. The regulations also
				seek to ensure that eligibility is determined in a manner consistent with the
				obligation of the office to render effective assistance of counsel.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 06 - OFFICE OF THE PUBLIC DEFENDER › Chapter 14.06.03 - Eligibility for Services › Section 14.06.03.03 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				chapter, the following document is incorporated by reference.
B. Document Incorporated. Section 673(2) of
				Omnibus Budget Reconciliation Act (OBRA) of 1981 ( Pub. L. 97-35)
				(42 U.S.C. §
										9902(2)).
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 06 - OFFICE OF THE PUBLIC DEFENDER › Chapter 14.06.03 - Eligibility for Services › Section 14.06.03.04 - Duty to Provide Legal Representation

Current through Register Vol. 51, No. 14, July 12, 2024
Pursuant to Article 27A, §4, Annotated Code of Maryland,
				  the Public Defender is charged with the primary duty to provide legal
				  representation to any indigent eligible for services under the Article, in the
				  following proceedings:
A. In any
				criminal or juvenile proceeding constitutionally requiring the presence of
				counsel before presentment before a commissioner or judge;
B. Juvenile proceedings or criminal
				proceedings when the applicant is charged with a serious crime, before the
				District Court of Maryland, the various circuit courts within the State, and
				the Court of Special Appeals;
C.
				Post-conviction proceedings under Criminal Procedure Article, Annotated Code of
				Maryland, when the defendant has a right to counsel pursuant to Criminal
				Procedure Article, §
									7-108, Annotated
				Code of Maryland;
D. Any other
				proceeding when possible incarceration pursuant to a judicial commitment of
				individuals in institutions of a public or private nature may result;
E. An involuntary termination of parental
				rights proceeding or a hearing under Family Law Article, §
									5-319, Annotated Code of
				Maryland, if the party is entitled to public defender representation under
				Family Law Article, §
									5-323, Annotated Code of
				Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 06 - OFFICE OF THE PUBLIC DEFENDER › Chapter 14.06.03 - Eligibility for Services › Section 14.06.03.05 - Determination of Eligibility for Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to Criminal Procedure Article,
				16-207 and 16-210, Annotated Code of Maryland, and Office of the Public
				Defender v. State, 413 Md. 411 (2010), eligibility for services of the Office
				of the Public Defender shall be determined on the basis of need of the
				individual seeking legal representation. Need shall be measured by the
				financial ability of the applicant to engage and compensate competent private
				counsel and to provide all other necessary expenses of representation without
				undue financial hardship. This ability shall be recognized to be a variable
				depending on:
(1) The nature, extent, and
				liquidity of assets;
(2) The
				disposable net income of the defendant;
(3) The nature of the offense;
(4) The effort and skill required to gather
				pertinent information;
(5) The
				length and complexity of the proceedings; and
(6) Any other foreseeable expenses.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 06 - OFFICE OF THE PUBLIC DEFENDER › Chapter 14.06.03 - Eligibility for Services › Section 14.06.03.06 - Reimbursement of Expenses

Current through Register Vol. 51, No. 14, July 12, 2024
A. In the
				event a determination of eligibility cannot be made before the time when the
				first services are to be rendered and services are provisionally rendered
				pursuant to COMAR
				14.06.03.05E, and
				it is subsequently determined that the person is ineligible pursuant to such
				section, the person shall be obligated to reimburse the Office for the cost of
				the services rendered to that time.
B. The attorney shall review with the client
				any change in the client's circumstances which would affect the client's
				financial ability to reimburse the State for services rendered by the office
				before the final disposition of the case. The attorney shall be prepared to
				present those circumstances for consideration by the judge at sentencing in
				conjunction with the Court's determination of the ability of the client to make
				reimbursements for the services rendered by the office in accordance with
				Article 27A, § 7(g) and (h), Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 06 - OFFICE OF THE PUBLIC DEFENDER › Chapter 14.06.03 - Eligibility for Services › Section 14.06.03.07 - Application for Public Defender Services

Current through Register Vol. 51, No. 14, July 12, 2024
(A) An applicant shall submit to a
				confidential eligibility interview at least 10 working days before any service
				is required to be rendered.
(B) An
				applicant applying for services more than 10 working days, but less than 16
				working days, before any service is required to be rendered, will be
				interviewed and have eligibility determined at the time of the
				interview.
(C) An applicant
				applying for services more than 16 working days before the service is required
				to be rendered may:
(1) Be interviewed at an
				office other than one where representation would be provided, with the
				eligibility decision deferred to the district public defender rendering the
				service; or
(2) Visit an Office of
				the Public Defender district providing the service and have eligibility
				determined at the time of the interview.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 07 - MARYLAND AUTOMOBILE INSURANCE FUND › Chapter 14.07.04 - Uninsured Persons' Claims for Compensation from the Maryland Automobile Insurance Fund › Section 14.07.04.01 - Authority

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter is promulgated by the Executive Director of the
				  Fund pursuant to the authority vested in the Executive Director under Insurance
				  Article, §
									20-201(d)(3)(iii),
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 07 - MARYLAND AUTOMOBILE INSURANCE FUND › Chapter 14.07.04 - Uninsured Persons' Claims for Compensation from the Maryland Automobile Insurance Fund › Section 14.07.04.02 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purpose of
				these regulations is to let a qualified claimant know how to file a claim in
				order to receive compensation for bodily injuries or property damages from the
				Fund if the claimant has been injured by a negligent uninsured owner or
				operator in an accident on or after July 1, 1987.
B. To be eligible to claim against the Fund,
				the claimant may not have been covered on the accident date by any automobile
				liability insurance, either personally or by an immediate family member, nor
				will the claimant be eligible if the claimant was an operator or passenger in
				an insured automobile.
C. These
				regulations also set forth how the Fund can proceed in negotiating and paying
				claims.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 07 - MARYLAND AUTOMOBILE INSURANCE FUND › Chapter 14.07.04 - Uninsured Persons' Claims for Compensation from the Maryland Automobile Insurance Fund › Section 14.07.04.05 - Settlement of Claims Involving a Disappearing Motorist or Unidentified Motorist

Current through Register Vol. 51, No. 14, July 12, 2024
A. It is the
				policy of the Fund to settle uninsured persons' claims as promptly as possible
				once the Notice of Claim is completed and filed with all appropriate documents,
				and without court involvement whenever possible. However, in some cases a
				claimant may be required to file suit. The Fund has the right to deny any
				claim, in whole or in part, in accordance with applicable law.
B. Whenever a disappearing motorist has
				injured a claimant or damaged the claimant's property, the claimant shall show,
				before any payment can be made, that all reasonable efforts have been made to
				learn the whereabouts of the owner and operator of the uninsured vehicle, for
				the purpose of filing a legal action against the owner and operator and
				obtaining personal service of process on them as required by the Maryland Rules
				of Procedure, but that they cannot be located.
C. Whenever an unidentified motorist has
				injured a claimant or damaged a claimant's property, the claimant shall show,
				before any payment can be made, that:
(1) The
				claimant has made all reasonable efforts to identify the motor vehicle, and its
				owner and operator, but cannot do so; or
(2) The motor vehicle was being operated
				without the owner's consent and that the unauthorized operator cannot be
				located.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 08 - BLIND INDUSTRIES AND SERVICES OF MARYLAND › Chapter 14.08.01 - Licensing for the Sale of Products Made by the Blind › Section 14.08.01.01 - Intent of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Pursuant to the intent of the Annotated Code of Maryland, these regulations are
				to assure that persons, associations, or corporations engaged in the business
				of selling products made by the blind conduct themselves in the highest ethical
				fashion and in no way impose a negative influence on the quality of lives lived
				by blind persons in the State.
B.
				These regulations are applicable to all persons, associations, or corporations
				selling products made by the blind, whether for profit or charitable
				purposes.
C. A person, association,
				or corporation may not include in its sales presentation the information that
				the products being sold were made by blind persons unless this information is
				used to demonstrate the quality of the product being sold.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 08 - BLIND INDUSTRIES AND SERVICES OF MARYLAND › Chapter 14.08.01 - Licensing for the Sale of Products Made by the Blind › Section 14.08.01.02 - Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person,
				association, or corporation desiring to sell products made by blind persons
				shall apply to the Blind Industries and Services of Maryland and use a form
				provided by the Blind Industries and Services of Maryland, which form, as
				amended from time to time, is incorporated herein and made a part of these
				regulations.
B. A person,
				association, or corporation may not commence the sale of products made by the
				blind before being issued a license by Blind Industries and Services of
				Maryland ("BISM").
C. All
				applicants shall be required to submit at least the following information as
				part of the application:
(1) Type of business
				organization and names and addresses of all persons investing monies and the
				amount of each investment;
(2) The
				names and addresses of all persons who will be entitled to participate in the
				profits or receive dividends derived from the sale of products made by blind
				persons, or both, and the percentage each will receive;
(3) The names and addresses and relationship
				to any other corporations, associations, or businesses that the applicant may
				have;
(4) The location of the
				business and any leases that have been or will be entered into for this
				location;
(5) Information to show
				compliance with laws governing employer-employee relations, including Equal
				Employment Opportunity regulations when applicable;
(6) Information filed with the Maryland
				Department of Assessments and Taxation and the Internal Revenue
				Service;
(7) The names, home
				addresses, ages, and compensation of all persons engaged in the sale or
				solicitation of sales of products made by blind persons;
(8) The form and content of the sales
				approach to be used, including type of approach (that is, door-to-door,
				telephone), written sales presentation to be used, areas of the State to be
				canvassed, types of and dates of canvassing and solicitation, and names,
				addresses, and ages of persons to be used in particular areas of the
				State;
(9) A list of products to be
				sold, purchase price, sale price, profit margin, and sources of
				products;
(10) A projected profit
				and loss statement of the business and a current balance sheet and profit and
				loss statement.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 08 - BLIND INDUSTRIES AND SERVICES OF MARYLAND › Chapter 14.08.01 - Licensing for the Sale of Products Made by the Blind › Section 14.08.01.03 - Renewal Application

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Annually, 30 days before the close of a calendar year subsequent to the
				original date of issuance of a license to sell products made by the blind, the
				license holder shall submit a renewal application. Renewal applications shall
				be obtained by written request to the Blind Industries and Services of
				Maryland.
B. Financial Statements.
				A license holder shall submit with the renewal application an annual financial
				statement covering its operations for the preceding fiscal year.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 08 - BLIND INDUSTRIES AND SERVICES OF MARYLAND › Chapter 14.08.01 - Licensing for the Sale of Products Made by the Blind › Section 14.08.01.04 - Violations, Rejections, and evocations

Current through Register Vol. 51, No. 14, July 12, 2024
Violation of any of the following requirements shall subject
				  an applicant or license holder, as the case may be, to rejection of an
				  application, reprimand, suspension, or revocation of a license:
A. Incorrect or incomplete information in an
				original or renewal application;
B.
				Failure to inform Blind Industries and Services of Maryland of changes in
				personnel, sales approach, or area of operations as set forth in Items 6, 7,
				17(a), 17(b), and 17(c) of the application;
C. Any misrepresentation with respect to a
				product being sold;
D. Any failure
				to conform to the provisions of Article 30, § 30A, Annotated Code of
				Maryland, or these regulations.