reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 05 - GOVERNOR'S DRUG & ALCOHOL ABUSE COMMISSION › Chapter 01.05.01 - Maryland Drug and Alcohol Grants Program Fund › Section 01.05.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Commission" means the Governor's Drug and Alcohol Abuse Commission.
(2) "Fund" means the Maryland Drug and Alcohol Grants Program Fund.
(3) "Private sources" means:
(a) A charitable organization which provides funds to further the purposes of the Commission through the use of contributions solicited from the public;
(b) A foundation or association which provides funds to further the purposes of the Commission;
(c) A business organization which provides funds to further the purpose of the Commission; or
(d) An individual who provides funds to further the purposes of the Commission.
(4) "Public sources" means any administration, agency, association, authority, board, bureau, college, commission, committee, council, foundation, fund, department, institute, institution, public corporation, service, trust, university, or other unit of the Executive Branch of State government and includes any subunit within any of these units.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 05 - GOVERNOR'S DRUG & ALCOHOL ABUSE COMMISSION › Chapter 01.05.01 - Maryland Drug and Alcohol Grants Program Fund › Section 01.05.01.02 - Purpose, Priority, and Source of the Fund

Current through Register Vol. 51, No. 14, July 12, 2024
A. Purpose. These regulations establish procedures for awarding grants in the following areas:
(1) Community and neighborhood mobilization programs which assist citizens in preventing and controlling crime and violence in their communities;
(2) Community-based drug and alcohol abuse education programs or prevention programs, or both;
(3) Community-based drug and alcohol abuse treatment programs which identify and meet the treatment needs of adult and juvenile drug-dependent and alcohol-dependent offenders;
(4) Innovative programs that demonstrate new and different approaches to preventing and controlling crime and violence which are community-based and in partnership with law enforcement, prosecution, or the judiciary.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 05 - GOVERNOR'S DRUG & ALCOHOL ABUSE COMMISSION › Chapter 01.05.01 - Maryland Drug and Alcohol Grants Program Fund › Section 01.05.01.03 - Grant Application Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Grant Eligibility. The following are eligible for grants from the Fund:
(1) State agencies;
(2) Counties;
(3) Municipalities; and
(4) Nonprofit or community-based nonprofit organizations providing:
(a) Drug and alcohol abuse education, prevention, or treatment programs, or
(b) Crime or violence prevention services such as a community patrol.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 05 - GOVERNOR'S DRUG & ALCOHOL ABUSE COMMISSION › Chapter 01.05.01 - Maryland Drug and Alcohol Grants Program Fund › Section 01.05.01.04 - Processing and Approval of Grant Applications

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission's Executive Director shall convene a Grant Review Committee composed of representatives from law enforcement, the judiciary, and treatment, prevention, and education communities, in order to make a recommendation for approval of grant applications.
B. Commission staff shall review grant applications and provide recommendations on budgetary and programmatic sufficiency to the Executive Director and the Grant Review Committee.
C. Grant Award.
(1) Notice of a grant award shall be forwarded to the responsible individual authorizing the grant application.
(2) Grants shall be awarded on a fiscal year basis with funding available July 1 of each fiscal year covering a 12-month period.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 06 - GOVERNOR'S OFFICE OF COMMUNITY INITIATIVES › Chapter 01.06.01 - Recognition of Maryland Indian Status › Section 01.06.01.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. State Government Article, § 9.5 -309, Annotated Code of Maryland, permits the Commission on Indian Affairs to establish a process by which a Native American tribe, band, group, or clan indigenous to Maryland can apply to the Commission for formal recognition of Maryland Indian status. State Government Article, § 9.5 -311, Annotated Code of Maryland, requires the Commission to adopt regulations and procedures necessary to carry out the provisions of State Government Article, § 9.5 -309, Annotated Code of Maryland. These regulations set forth procedures to carry out those provisions.
B. Objectives. For the benefit of Native American tribes, bands, groups, and clans indigenous to Maryland, the objectives of these regulations are to:
(1) Clarify their legal status;
(2) Acknowledge the contributions made by them to Maryland;
(3) Recognize and assist them in their efforts to maintain their cultural identity and traditions; and
(4) Provide access for them to federal and State programs available to State-recognized Indian tribes, bands, groups, and clans.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 06 - GOVERNOR'S OFFICE OF COMMUNITY INITIATIVES › Chapter 01.06.01 - Recognition of Maryland Indian Status › Section 01.06.01.02 - 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) "Access to Public Records Act" means State Government Article, §§
										10-611 -10-630, Annotated Code of Maryland.
(2) "Ancestor" means an individual from whom a person is descended.
(3) "Ancestry" means having an ancestor.
(4) "Band" means a sociopolitical division of a tribe, separated from the tribe by historical events or geographical, political, or similar causes.
(5) "Clan" means a group of Native Americans related by blood line descent.
(6) "Commission" means the Commission on Indian Affairs in the Governor's Office of Community Initiatives.
(7) "Community" means a group of persons with common cultural ties and interests which differentiate members from nonmembers.
(8) "County" means the City of Baltimore or any of the 23 counties in the State.
(9) "Derived from a tribe" means a group having members who are descended from a tribe, band, or clan.
(10) "Descendant from a tribe" or "descendants from a tribe" means descended by blood line from a member or members of a tribe, band, or clan who:
(a) Are identified as Native American in historical records;
(b) Have family names identified by anthropologists or ethnohistorians as Native American in historical records; or
(c) Are identified by anthropologists or ethnohistorians in historical records through one or more terms recognized as synonymous with "Indian".
(11) "Historical" or "historically" means before 1790.
(12) "Indigenous to Maryland" means having inhabited one or more specific areas within the State before 1790.
(13) "Inhabit" means to dwell in a location.
(14) "Members" means those individuals who have been determined by a tribe, band, group, or clan to be its members, according to criteria established by the tribe, band, group, or clan.
(15) "Native American", "North American Indian", "American Indian", "Indian", or "aboriginal" means an individual or tribe, band, group, community, or clan that is, or whose members are, descended from a tribe that inhabited North America before European contact.
(16) "Person" means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.
(17) "Recognition" or "formal recognition" means the process by which the Maryland Indian status of a Native American tribe, band, group, or clan is acknowledged under the Act and these regulations.
(18) "Secretary of the Interior" means the United States Secretary of the Interior.
(19) "State" or "Maryland" means the State of Maryland as described by the present physical boundaries of the State.
(20) "Tribe" means a separate and distinct community of Native Americans generally related by blood, marriage, or adoption.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 06 - GOVERNOR'S OFFICE OF COMMUNITY INITIATIVES › Chapter 01.06.01 - Recognition of Maryland Indian Status › Section 01.06.01.03 - Eligible Petitioning Groups

Current through Register Vol. 51, No. 14, July 12, 2024
A group may apply to the Commission for formal recognition of its Maryland Indian status if the group is:
A. A Native American tribe, band, group, or clan; and
B. Indigenous to Maryland.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 06 - GOVERNOR'S OFFICE OF COMMUNITY INITIATIVES › Chapter 01.06.01 - Recognition of Maryland Indian Status › Section 01.06.01.04 - Recognition Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
The Commission may recommend that an eligible petitioning group be formally recognized under Regulation .08 of this chapter as a Maryland Indian tribe, band, group, or clan if the petitioning group establishes, taking into account the special circumstances of Native Americans indigenous to Maryland, that:
A. The group has been:
(1) Identified as Native American from before 1790 until the present, and
(2) Part of a continuous Native American community from before 1790 until the present;
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 06 - GOVERNOR'S OFFICE OF COMMUNITY INITIATIVES › Chapter 01.06.01 - Recognition of Maryland Indian Status › Section 01.06.01.05 - Petition Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A petition for formal recognition shall include:
(1) The name and mailing address of the petitioning group and of the individual authorized to act as the petitioning group's agent for petition purposes;
(2) A statement that the petitioning group is a Native American tribe, band, group, or clan indigenous to Maryland;
(3) A statement that the petitioning group has verified with its members that the majority of them are not members of any other tribe, band, group, or clan acknowledged or recognized as American Indian by the Secretary of the Interior or any state;
(4) A copy of the petitioning group's rules governing the conduct of the petitioning group's affairs; and
(5) All documentation required under §B of this regulation.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 06 - GOVERNOR'S OFFICE OF COMMUNITY INITIATIVES › Chapter 01.06.01 - Recognition of Maryland Indian Status › Section 01.06.01.06 - Inspection of Documentation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Documentation submitted in support of or in opposition to a petition may be inspected or copied by a person as provided by the Access to Public Records Act.
B. The Commission shall deny inspection or copying of any part of the documentation that contains sociological information relating to an individual, as provided in the Access to Public Records Act. For purposes of these regulations, sociological information includes:
(1) Social security number;
(2) Personal address;
(3) Personal telephone number;
(4) Medical or psychiatric history;
(5) Educational history;
(6) Work history;
(7) Military service;
(8) Financial information;
(9) Religious preference, membership, and attendance;
(10) Personal relationships, beliefs, and values;
(11) Genealogical charts; and
(12) Family history other than evidence necessary to determine descendancy from a Native American tribe, band, group, or clan indigenous to Maryland.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 06 - GOVERNOR'S OFFICE OF COMMUNITY INITIATIVES › Chapter 01.06.01 - Recognition of Maryland Indian Status › Section 01.06.01.07 - Petition Filing; Notices of Receipt; Final Submissions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Petitions shall be made on standard forms required by the Commission, verified as accurate by the petitioning group's agent, and accompanied by any required petition fee.
B. Within 10 days after receiving a petition, the Commission shall send written acknowledgement of receipt to the petitioning group.
C. Within 45 days after receiving a petition determined to be complete under Regulation .08 of this chapter, the Commission shall publish a notice of receipt in the Maryland Register and in a newspaper of general circulation in each Maryland county in which the petitioning group states in the petitioning group's petition that the petitioning group's members reside, including:
(1) The name and address of the petitioning group;
(2) The date of receipt of the petition;
(3) The time and place that a copy of the petition, and any supporting documentation not prohibited from disclosure under Regulation .06 of this chapter, may be inspected; and
(4) The mailing address and deadline 60 days or more in the future for submitting factual or legal arguments in support of or in opposition to the petition.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 06 - GOVERNOR'S OFFICE OF COMMUNITY INITIATIVES › Chapter 01.06.01 - Recognition of Maryland Indian Status › Section 01.06.01.08 - Processing Petitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission shall accept for review all complete petitions. A petition may not be considered complete until the Commission has received all information requested in the petition form or required by these regulations.
B. Within 30 days after a petition is received, the Commission shall notify the petitioning group in writing that the petition is:
(1) Complete; or
(2) Incomplete and specific additional information is required to complete the petition.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 06 - GOVERNOR'S OFFICE OF COMMUNITY INITIATIVES › Chapter 01.06.01 - Recognition of Maryland Indian Status › Section 01.06.01.09 - Reconsideration of Recognition Recommendations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 30 days after the notice of Commission determinations is mailed under Regulation .08K(2) of this chapter, the petitioning group or any person or group that previously submitted arguments in support of or in opposition to the petition may, in writing, request that the Commission review the determinations.
B. Within 30 days after receiving a request for review, the Commission shall appoint a three-member panel to review the Commission's determinations and all evidence submitted in support of or in opposition to the petition. The panel shall include at least one member of the Commission and one member of the Recognition Advisory Committee, who together shall nominate the third member for the Commission's appointment.
C. The panel shall report its findings and recommendations to the Commission within 60 days after appointment. If the Commission concludes that the Commission adequately considered the evidence submitted, the Commission shall transmit any panel findings and recommendations and any Commission recommendation for formal recognition to the Governor together with the Commission's determinations, and the Commission promptly shall notify the petitioning group and all persons requesting notice.
D. If the panel concludes that the Commission failed to adequately consider any evidence submitted and that the evidence if adequately considered is likely to reverse the Commission's determinations, the Commission shall adequately consider the evidence and reconsider the Commission's determinations.
E. After Commission reconsideration, the Commission shall transmit any Commission recommendation for formal recognition to the Governor. The transmittal shall include the Commission's final determinations. The Commission shall promptly notify the petitioning group, and all persons requesting notice, of the Commission's recommendation and final determinations.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 06 - GOVERNOR'S OFFICE OF COMMUNITY INITIATIVES › Chapter 01.06.01 - Recognition of Maryland Indian Status › Section 01.06.01.10 - Governor's Action on Recognition Recommendations

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Governor concurs with a recommendation for formal recognition by the Commission, the Governor shall propose an executive order to recognize formally the Maryland Indian status of the petitioning group.
B. If the Governor does not concur with a recommendation of the Commission, the Governor shall notify the Commission of the reasons and the Commission shall promptly notify the petitioning group and all persons requesting notice.
C. The Governor shall present the proposed executive order to the Joint Committee on Administrative, Executive, and Legislative Review for the proposed executive order's review. The proposed executive order shall take effect 30 days after submission to the Committee, unless the Governor earlier withdraws the proposed order.
D. The Commission shall promptly notify appropriate governmental agencies and national and state Native American organizations of the executive order.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 06 - GOVERNOR'S OFFICE OF COMMUNITY INITIATIVES › Chapter 01.06.01 - Recognition of Maryland Indian Status › Section 01.06.01.11 - Recognition Advisory Committees

Current through Register Vol. 51, No. 14, July 12, 2024
A. A Recognition Advisory Committee shall be appointed by the Commission to review each petition for formal recognition of Maryland Indian status under these regulations.
B. Each Recognition Advisory Committee shall consist of five members who shall:
(1) To the maximum extent possible, be Native Americans; and
(2) Include:
(a) Two Native Americans nominated by the Commission from different tribes, bands, groups, or clans, other than the petitioning group, at least one of whom shall be descended from a tribe, band, group, or clan indigenous to Maryland, if available;
(b) One person with demonstrated expertise in genealogy, and in American Indian genealogy if available; and
(c) Two persons qualified in anthropology, ethnohistory, or related fields.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 06 - GOVERNOR'S OFFICE OF COMMUNITY INITIATIVES › Chapter 01.06.01 - Recognition of Maryland Indian Status › Section 01.06.01.12 - Effect of Recognition

Current through Register Vol. 51, No. 14, July 12, 2024
An executive order issued under these regulations may not:
A. Create any rights of ownership or other rights to land;
B. Create any benefits or entitlements of any kind;
C. Impair valid existing rights, benefits, or entitlements of Native Americans residing in the State; or
D. Impair existing judicial rulings of the State regarding Native Americans indigenous to the State.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 06 - GOVERNOR'S OFFICE OF COMMUNITY INITIATIVES › Chapter 01.06.01 - Recognition of Maryland Indian Status › Section 01.06.01.13 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Administration.
(1) Upon request of the petitioning group, the Commission may extend any time period established by these regulations for processing of the petitioning group's petition.
(2) The Commission from time to time may establish operational handbooks or manuals governing matters relating to the administration of these regulations, including descriptive statements of procedures which do not directly affect the rights of the public or procedures available to the public.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.01 - Unit Pricing › Section 02.01.01.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations are promulgated pursuant to Commercial Law Article, §
									14-105, Annotated Code of Maryland. They are intended to effectuate the provisions of the Unit Pricing Law, §14-101 et seq., Annotated Code of Maryland, and are not intended to extend, modify, or conflict with the Unit Pricing Law or its reasonable implications.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.01 - Unit Pricing › Section 02.01.01.02 - Findings

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Consumer Protection Division of the Office of the Attorney General and the Consumer Council find that some of those sales agencies required to unit price have not done so properly or in conformance with the Unit Pricing Law. The increasing costs of consumer commodities mandates the continued attention of the Division to enforce the Unit Pricing Law, as the disclosure of unit pricing information gives consumers a method of price comparisons for similar or identical consumer commodities. Thus, the availability of properly disclosed unit pricing information will provide an effective tool for informed and economical consumer purchasing.
B. The Division and the Council further find that the General Assembly has authorized the Division to promulgate regulations to effectuate the purpose of the Unit Pricing Law, and has given the Council the role of advising the Division on these regulations. The proposed regulations explain the requirements of the Unit Pricing Law, clarify the method of disclosure, and require meaningful consumer information necessary to effectuate the Law's purpose. Provisions are proposed to set forth the responsibilities of those sales agencies required to unit price to notify the Division if an exemption from compliance is requested or if non-intentional technical errors are discovered.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.01 - Unit Pricing › Section 02.01.01.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Control" means the possession, direct or indirect, of the power to direct, or cause the direction of, the management and policies of a person, whether through ownership of voting securities, by contract, or otherwise.
B. "Inventory facility" means a physical location, separate and apart from the physical location of the sales agency, where consumer commodities are stored and subject to inventory accounting, and which thereafter are distributed to the physical location of the sales agency.
C. "Members of the immediate family" mean the spouse, son, daughter, parent, brother, and sister of the individual owner.
D. "Multi-unit packages" means packages intended for retail sale containing two or more identically packaged or labeled units of an identical commodity in the same quantity.
E. "Non-intentional technical errors" means inaccuracies in the unit pricing information reflected upon stamps, tags, labels, signs, or lists where these defects have resulted from a malfunction of a printing press, electronic data processing equipment, or other mechanical equipment used to produce these stamps, tags, labels, signs, or lists, or from the mistake of a computer programmer or machine operator, when this malfunction or mistake was not within the knowledge or control of the owner, operator, or management personnel of the store and when this owner, operator, or management personnel could not, with reasonable diligence, have detected and corrected these errors.
F. "Preceding calendar year" means the immediately preceding period, January 1 through December 31.
G. "Sales agency" means any proprietorship, partnership, corporation, or other legal or commercial entity which sells or offers for sale at retail, those consumer commodities defined in the Commercial Law Article, §
									14-101(b), Annotated Code of Maryland (hereinafter, the "Unit Pricing Law").
H. "Variety packages" means packages intended for retail sale containing two or more identical packages or units of similar but not identical commodities. Commodities which are generally the same, but which differ in weight, volume, appearance, or quality are considered similar but not identical. Not included within this definition are items under Regulation .07A of this chapter.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.01 - Unit Pricing › Section 02.01.01.04 - Exemptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. To determine whether it is exempt from compliance with the Unit Pricing Law, a sales agency shall refer to the exemptions found in Commercial Law Article, §
									14-102(6)(i)  --(iv), Annotated Code of Maryland.
B. A sales agency shall be given a reasonable time after the close of its fiscal year to calculate gross annual sales to determine whether it is exempt from the provisions of the Unit Pricing Law pursuant to §14-102(6)(i). For purposes of these regulations, any time in excess of 3 months shall be presumed to be unreasonable. If compliance is mandated, the sales agency shall be given 2 months to implement its unit pricing system.
C. If the sales agency is found to be required to unit price, it shall comply with the Unit Pricing Law and these regulations no later than June 1 following the close of its fiscal year, if determined on a calendar year basis. If the sales agency's fiscal year is determined by any other method, compliance shall be required by no later than 150 days after the close of this fiscal year.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.01 - Unit Pricing › Section 02.01.01.05 - Direct Delivery

Current through Register Vol. 51, No. 14, July 12, 2024
For purposes of §EN>14-102(a)(5), of the Unit Pricing Law, items shall be considered to have been directly delivered when the items have not passed through any warehouse or inventory facility which is owned or controlled directly or indirectly by the sales agency.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.01 - Unit Pricing › Section 02.01.01.06 - Consumer Commodities to be Unit Priced

Current through Register Vol. 51, No. 14, July 12, 2024
A. Section 14-103(a)(2)(ii) of the Unit Pricing Law defines the categories of consumer commodities required to be unit priced. Any of these commodities which are priced for multi-unit or variety package purchase shall be unit priced on the basis of the total contents.
B. The unit price of any consumer commodity sold with a deposit for the container's return, shall be based on the price of the item's contents without regard to the amount of the deposit. The fact that there is a deposit, however, shall be clearly and conspicuously displayed on the product or its package or near the product.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.01 - Unit Pricing › Section 02.01.01.07 - Consumer Commodities not Required to be Unit Priced

Current through Register Vol. 51, No. 14, July 12, 2024
The seller is not required to unit price the following:
A. Those items specifically exempted by §14-102(a)(1) -(5) of the Unit Pricing Law;
B. Items displayed in a non-packaged manner such as loose produce, fresh seafood, meats, and cheeses cut to order;
C. Durable items, including any item which wears or deteriorates from usage, for example, kitchen utensils, pots and pans, and any other type of cooking or kitchen aids and household goods, such as brooms, fabric cleaning towels, and other durable goods.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.01 - Unit Pricing › Section 02.01.01.08 - Repricing Policy and Discounts from Regular Price

Current through Register Vol. 51, No. 14, July 12, 2024
A. When the sales agency has established and clearly disclosed a no- repricing policy, whereby items on display are not repriced to reflect a higher price, the applicable unit price stamps, tags, labels, signs, or lists shall display the unit price of the higher price.
B. When the manufacturer of a consumer commodity has offered a discount or cents off the price of items offered for sale by a sales agency, the unit price stamps, tags, labels, signs, or lists shall display the higher price.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.01 - Unit Pricing › Section 02.01.01.09 - Uniformity

Current through Register Vol. 51, No. 14, July 12, 2024
A. If different brands of the same consumer commodity are expressed in more than one measuring unit, the sales agency, if it is possible to do so, shall unit price the items consistently within the same product category. The more familiar measuring unit found in the product group is to be used if conversion and uniformity are possible.
B. When metric units appear on the consumer commodity, in addition to the other units of measure, the sales agency may use both units of measure on any stamps, tags, labels, signs, or lists.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.01 - Unit Pricing › Section 02.01.01.10 - Unit Pricing Information to be Disclosed on Items Conspicuous to the Consumer

Current through Register Vol. 51, No. 14, July 12, 2024
A. Section 14-104(1) of the Unit Pricing Law provides for the method of disclosing the required unit pricing information.
B. The unit pricing tags, stamps, or labels shall contain in easily readable and understandable print the price of the item, the unit price, the unit of measure, the name and size of the item, and the brand name if there is one.
C. The tags, stamps, or labels need not be any special size, but shall be conspicuously visible to the consumer.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.01 - Unit Pricing › Section 02.01.01.11 - Unit Pricing Information to be Disclosed on Items Inconspicuous to the Consumer

Current through Register Vol. 51, No. 14, July 12, 2024
A. Section 14-104(2) of the Unit Pricing Law provides for the method of disclosing the required unit pricing information on items inconspicuous to the consumer.
B. The signs or lists shall contain in easily readable and understandable print the price of the item, the unit price, the unit of measure, the name and size of the item, and the brand name if there is one.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.01 - Unit Pricing › Section 02.01.01.12 - Additional Methods of Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
If the consumer commodities are refrigerated, and attachment of stamps, tags, or labels is not practical, the sales agency shall disclose the required unit pricing information by signs or lists. These signs or lists shall be clear, conspicuous, and near the consumer commodities, and the information readily available to the consumer without need for the consumer to inquire of, or otherwise contact store personnel.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.01 - Unit Pricing › Section 02.01.01.13 - Additional Pricing Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The unit price may be shown in type which is at least the size of "elite" type. However, this price shall be identified as the "unit price" or "price per (unit of measure)."
B. The designation of the unit price per measure of 1 dollar or more shall be expressed in terms of dollars and cents.
C. If the unit price is under 1 dollar, it shall be listed:
(1) To the tenth of a cent (i.e., an item priced at 25.54 cents may read 25.5 cents or 25.5); or
(2) To the whole cent. The sales agency shall accurately and consistently use the same method of rounding up or down to compute the price to the whole cent.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.01 - Unit Pricing › Section 02.01.01.14 - Non-intentional Technical Errors

Current through Register Vol. 51, No. 14, July 12, 2024
A. If any errors are alleged by the Division which would subject the sales agency to the enforcement provisions of the Unit Pricing Law, the sales agency shall submit data which shows by the preponderance of the evidence that the errors are non-intentional technical errors.
B. The data submitted to the Division may contain the following information:
(1) Any specific malfunction of the printing press, electronic data processing equipment, or other mechanical equipment used to produce the stamps, tags, labels, signs, or lists;
(2) Any specific mistake made by the computer programmer or machine operator;
(3) Specific reasons why the malfunction or mistake was not within the knowledge or control of the owner, operator, or management personnel of the store;
(4) Specific reasons why the owner, operator, or management personnel could not, within reasonable diligence, have detected or corrected these errors;
(5) The name, address, and telephone number of the person or persons responsible for the alleged error;
(6) Whether the sales agency had prior similar problems with the printing press, electronic data processing equipment, or other mechanical equipment responsible for the alleged error, and what action was taken by the sales agency to correct the malfunction;
(7) Whether the sales agency had prior similar problems with the computer programmer or machine operator responsible for the alleged mistake and what action was taken by the sales agency to correct the mistake.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.01 - Unit Pricing › Section 02.01.01.15 - Exemptions from the Operation of the Unit Pricing Law

Current through Register Vol. 51, No. 14, July 12, 2024
A. Under Commercial Law Article, §
									14-105(a)(2), Annotated Code of Maryland, the Attorney General may exempt any sales agency which is using a program of unit pricing which is approximately as or more comprehensive than the program required by the Unit Pricing Law. The following procedures are to be followed by any sales agency requesting an exemption under Maryland law and these regulations:
(1) A request shall be made in writing;
(2) A request shall be supported by a detailed description of the plan being used;
(3) An exemption requested shall be conditioned upon the sales agency agreeing to continue the plan without change, unless prior approval of the Consumer Protection Division is obtained;
(4) A request shall be signed by the owner, partners, or corporate officers of the sales agency making the request.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.01 - Unit Pricing › Section 02.01.01.16 - Compliance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Unit Pricing Law requires 90 percent compliance, which may be based on either of the following, at the option of the sales agency:
(1) Dollar volume of items required to be unit priced;
(2) Number of items which the store carried which are required to be unit priced.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.02 - Rules of Practice and Procedure-Cease and Desist Order Hearings › Section 02.01.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs cease and desist order proceedings held under the authority of Commercial Law Article, §
									13-403, Annotated Code of Maryland.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.02 - Rules of Practice and Procedure-Cease and Desist Order Hearings › Section 02.01.02.02 - 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) Agency.
(a) "Agency" means the Consumer Protection Division in its role as an administrative agency authorized to adjudicate contested cases under Commercial Law Article, §
											13-403, and State Government Article, §
											10-202(b), Annotated Code of Maryland.
(b) "Agency" includes the Chief of the Consumer Protection Division, and any person to whom the Chief of the Consumer Protection Division has delegated the authority to issue the final administrative decision of the Agency in a contested case.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.02 - Rules of Practice and Procedure-Cease and Desist Order Hearings › Section 02.01.02.03 - Petition for Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Filing a Petition.
(1) Any person may file a petition with the Agency.
(2) The petition shall:
(a) Be accompanied by a statement of charges; and
(b) Show cause why a hearing on the matters raised should be granted.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.02 - Rules of Practice and Procedure-Cease and Desist Order Hearings › Section 02.01.02.04 - Delegation of Authority

Current through Register Vol. 51, No. 14, July 12, 2024
A. To Whom Delegated. The Chief of the Consumer Protection Division shall:
(1) Conduct the hearing; or
(2) Delegate the hearing authority to:
(a) The Office; or
(b) With the prior approval of the Chief Administrative Law Judge, a person not employed by the Office.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.02 - Rules of Practice and Procedure-Cease and Desist Order Hearings › Section 02.01.02.05 - Responsibility of Party Proponent

Current through Register Vol. 51, No. 14, July 12, 2024
The party designated as the party proponent has the burden of proving the allegations by a preponderance of the evidence.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.02 - Rules of Practice and Procedure-Cease and Desist Order Hearings › Section 02.01.02.06 - Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. Type of Notice.
(1) The Agency shall issue notice in compliance with State Government Article, §§
										10-207 and  10-208, Annotated Code of Maryland.
(2) If a hearing date is required and has not been set, notice under State Government Article, §
										10-208(b)(1), Annotated Code of Maryland, shall be given once the hearing date has been set by the Agency or the Office, whichever is conducting the hearing.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.02 - Rules of Practice and Procedure-Cease and Desist Order Hearings › Section 02.01.02.07 - Response

Current through Register Vol. 51, No. 14, July 12, 2024
A. A respondent shall file a written response to the statement of charges.
B. Time for Filing.
(1) Unless the Agency has issued a cease and desist order under Commercial Law Article, §
										13-403(d)  or 14-12 B-08(a), Annotated Code of Maryland, without first conducting a hearing, the respondent shall file the response:
(a) Within 20 days of service of the statement of charges; and
(b) Within 20 days of service of an amended statement of charges if a respondent wishes to contest new facts or allegations introduced in the amended statement of charges.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.02 - Rules of Practice and Procedure-Cease and Desist Order Hearings › Section 02.01.02.08 - Filing of Pleadings and Papers

Current through Register Vol. 51, No. 14, July 12, 2024
After service on a respondent of notice issued pursuant to Regulation .06 of this chapter, a party shall file pleadings and papers with:
A. The Agency, if the hearing is before the Chief; or
B. The Office, if the hearing authority is delegated to the Office.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.02 - Rules of Practice and Procedure-Cease and Desist Order Hearings › Section 02.01.02.09 - Service of Pleadings and Papers After Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party shall serve pleadings and papers filed after notice issued pursuant to Regulation .06 of this chapter:
(1) Upon each party's attorney; or
(2) Upon the party if a party is not represented by counsel.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.02 - Rules of Practice and Procedure-Cease and Desist Order Hearings › Section 02.01.02.10 - Notice to Public

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Division shall prepare and send to at least six newspapers of general circulation in Maryland notice of every cease and desist action filed.
B. The Division shall include in the notice:
(1) A summary of the allegations;
(2) The date and time the case is scheduled for hearing, if a hearing has been scheduled; and
(3) A statement that hearings are open to the public.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.02 - Rules of Practice and Procedure-Cease and Desist Order Hearings › Section 02.01.02.11 - Discovery

Current through Register Vol. 51, No. 14, July 12, 2024
A. In hearings before the Chief, the parties are entitled to the following discovery:
(1) By written request filed not later than 30 days before the scheduled hearing, a party may require any other party to produce within 15 days, for inspection or copying, any file, memorandum, correspondence, document, object, or tangible thing:
(a) Relevant to the subject matter of the case; and
(b) Not privileged; and
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.02 - Rules of Practice and Procedure-Cease and Desist Order Hearings › Section 02.01.02.12 - Hearing Subpoenas

Current through Register Vol. 51, No. 14, July 12, 2024
A. Issuance of Hearing Subpoenas. On the request of a party in hearings before the Chief, or at the direction of the Chief, the Agency may issue subpoenas requiring the attendance and testimony of witnesses and the production at the hearing of any tangible items in the possession or under the control of the witness.
B. Requests for Hearing Subpoenas.
(1) A party requesting a subpoena shall make the request, in writing, to the Agency.
(2) Unless cause is shown, a party shall file subpoena requests with the Agency at least 10 calendar days before the hearing.
(3) A request for a subpoena shall specify the:
(a) Name and full address of the person to be subpoenaed; and
(b) Name, full address, and telephone number of the party requesting the subpoena.
(4) A party requesting a subpoena for the production of tangible items, books, papers, or other documents shall describe those items with particularity.
(5) A party need not serve a subpoena request on all parties.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.02 - Rules of Practice and Procedure-Cease and Desist Order Hearings › Section 02.01.02.13 - Prehearing Conferences

Current through Register Vol. 51, No. 14, July 12, 2024
A. Hearings Before the Chief.
(1) In hearings before the Chief, any prehearing conferences shall be conducted as provided in §A(2)-(7) of this regulation.
(2) If appropriate, the Agency may hold a prehearing conference to resolve matters preliminary to the hearing.
(3) The Agency may require the parties to submit information before the prehearing conference.
(4) A prehearing conference may be convened to address the following matters:
(a) Issuance of subpoenas;
(b) Factual and legal issues;
(c) Stipulations;
(d) Requests for official notice;
(e) Identification and exchange of documentary evidence;
(f) Admissibility of evidence;
(g) Identification and qualification of witnesses;
(h) Motions;
(i) Discovery disputes;
(j) Order of presentation;
(k) Scheduling;
(l) Alternate dispute resolution; and
(m) Any other matters that will promote the orderly and prompt conduct of the hearing.
(5) Except as otherwise indicated in this chapter, at the discretion of the Agency, all or part of a prehearing conference may be recorded.
(6) Prehearing Orders.
(a) Unless otherwise stated in this chapter, when a prehearing conference has been held, the Agency shall issue a prehearing order.
(b) The Agency shall set forth in the prehearing order the actions taken or to be taken with regard to any matter addressed at the prehearing conference.
(c) If a prehearing conference is not held, the Agency may issue a prehearing order to regulate the conduct of the proceedings.
(d) The prehearing order shall be a part of the case record.
(7) If, after notice is given, a party fails to attend a prehearing conference, that party is bound by the Agency's prehearing order.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.02 - Rules of Practice and Procedure-Cease and Desist Order Hearings › Section 02.01.02.14 - Conduct of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Hearings Before the Chief.
(1) In hearings before the Chief, the provisions of §A(2) and (3) of this regulation apply.
(2) Each party is entitled, on a genuine issue in a contested case, to:
(a) Call witnesses;
(b) Offer evidence; and
(c) Cross-examine any witness who testifies.
(3) Exclusion of Witnesses.
(a) Upon request by a party, the Chief shall exclude witnesses other than parties from the hearing room, except when testifying.
(b) A party that is not an individual may designate an employee or officer as its representative to remain in the hearing room, even though the employee or officer may be a witness.
(c) An expert witness who is to render an opinion based on testimony given at the hearing may remain during that testimony.
(d) A party, representative, witness, or spectator may not disclose to a witness excluded under §A(3) of this regulation the nature, substance, or purpose of testimony, or other evidence introduced during that witness's absence.
(e) The Chief may:
(i) Exclude the testimony of a witness who receives information in violation of §A(3) of this regulation; or
(ii) Take other appropriate action.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.02 - Rules of Practice and Procedure-Cease and Desist Order Hearings › Section 02.01.02.15 - Powers and Duties of the Individual Conducting Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Duties of the Chief. In hearings before the Chief, the Chief shall:
(1) Conduct a full, fair, and impartial hearing;
(2) Take action to avoid unnecessary delay in the disposition of the proceeding; and
(3) Maintain order.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.02 - Rules of Practice and Procedure-Cease and Desist Order Hearings › Section 02.01.02.16 - Evidence

Current through Register Vol. 51, No. 14, July 12, 2024
Evidence is admissible in accordance with State Government Article, §
									10-213, Annotated Code of Maryland, and other pertinent law.