reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.05 - Petition for Adoption of Regulations › Section 09.01.05.02 - Form of Petition

Current through Register Vol. 51, No. 14, July 12, 2024
The petition shall be submitted in writing to the Secretary,
				  501 St. Paul Place, Baltimore, Maryland 21202 or to the principal office of the
				  officer, commission, or agency to whom the petition is
				  directed.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.05 - Petition for Adoption of Regulations › Section 09.01.05.03 - Content of Petition-Proposed Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
Any request for promulgation of new regulations submitted
				  under these regulations shall include the proposed regulations and the reasons
				  for and effect of the regulations, if adopted.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.05 - Petition for Adoption of Regulations › Section 09.01.05.04 - Content of Petition-Repeal or Amendment

Current through Register Vol. 51, No. 14, July 12, 2024
Any request for amendment or repeal submitted under these
				  regulations shall state what regulation the petitioner requests to be amended
				  or repealed and the reasons for an effect of this request.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.05 - Petition for Adoption of Regulations › Section 09.01.05.05 - Review

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary or the officer, commission, or agency to whom
				  the petition is addressed, within 60 days after the petition is submitted,
				  shall either deny the petition in writing, stating the reasons for the denial,
				  or initiate rule-making proceedings. The petitioner shall be advised in writing
				  of any action taken in response to the petition.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.06 - Correction or Amendment of Personal Records › Section 09.01.06.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations set out procedures for persons in interest
				  to request the correction or amendment of personal records under State
				  Government Article, §10-625, Annotated Code of Maryland, in the Department
				  of Licensing and Regulation.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.06 - Correction or Amendment of Personal Records › Section 09.01.06.02 - Who May Request

Current through Register Vol. 51, No. 14, July 12, 2024
A "person in interest" as defined in State Government
				  Article, §
									10-611(e),
				  Annotated Code of Maryland, may request the Department to correct or amend any
				  personal records pursuant to State Government Article, §10-625, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.06 - Correction or Amendment of Personal Records › Section 09.01.06.03 - Contents of Request

Current through Register Vol. 51, No. 14, July 12, 2024
The person in interest shall request the correction or
				  amendment in writing. Each request shall:
A. Identify the personal records the person
				is seeking to correct or amend;
B.
				State the precise correction or amendment requested;
C. State the reason the correction or
				amendment is sought; and
D. Include
				the statement that the personal records are to the person's belief currently
				inaccurate or incomplete.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.06 - Correction or Amendment of Personal Records › Section 09.01.06.04 - Filing the Request

Current through Register Vol. 51, No. 14, July 12, 2024
A request for correction or amendment of the records shall be
				  filed with the Department by addressing it to the custodian of the record. If
				  the custodian is unknown to the person in interest, the request may be
				  addressed to the Secretary.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.06 - Correction or Amendment of Personal Records › Section 09.01.06.05 - Return of Request

Current through Register Vol. 51, No. 14, July 12, 2024
A request for correction or amendment will be considered
				  filed with the Department when received only to the extent that it reasonably
				  complies with Regulation .03. If a request does not reasonably comply with
				  Regulation .03, it shall be returned to the person with an explanation of the
				  reason for the return and a statement that, upon completion, it may be refiled
				  with the Department.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.06 - Correction or Amendment of Personal Records › Section 09.01.06.06 - Response to Request

Current through Register Vol. 51, No. 14, July 12, 2024
Within 30 days after the completed request for correction or
				  amendment that complies with Regulations . 03 and .04 is received, the
				  custodian of the record shall:
A. Make
				the requested correction or amendment and inform the person of the action;
				or
B. Inform the person in writing
				of the:
(1) Department's refusal to make the
				requested correction or amendment, and
(2) Reason for the refusal; or
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.06 - Correction or Amendment of Personal Records › Section 09.01.06.07 - Refusal of Request

Current through Register Vol. 51, No. 14, July 12, 2024
If the Department's final determination under Regulation . 06
				  is to refuse the requested correction or amendment, as authorized by Regulation
				  .06B, the person in interest may file with the Department a concise statement
				  of the reasons for:
A. The requested
				correction or amendment; and
B.
				Disagreement with the Department's refusal to make the correction or
				amendment.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.06 - Correction or Amendment of Personal Records › Section 09.01.06.08 - Requirements for Statement of Disagreement

Current through Register Vol. 51, No. 14, July 12, 2024
The statement specified in Regulation . 07 shall be filed on
				  pages not exceeding 8 x 11 inches in size. Only one side of the page shall
				  contain the statement. More than five pages may not be accepted by the
				  Department in connection with a single request for correction and
				  amendment.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.06 - Correction or Amendment of Personal Records › Section 09.01.06.09 - Information Provided to Third Parties

Current through Register Vol. 51, No. 14, July 12, 2024
When the Department discloses to a third party information
				  from personal records about which a statement in compliance with Regulations .
				  07 and .08 has been filed, the Department shall furnish a copy of the statement
				  to the third party.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.06 - Correction or Amendment of Personal Records › Section 09.01.06.10 - Administrative Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may
				request an administrative review within the Department, by filing a request for
				review with the Secretary, if the person has been denied:
(1) An amendment or correction of a
				record;
(2) The right to file a
				statement; or
(3) The right to have
				a statement to a third party forwarded pursuant to Regulation .09.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.07 - Licensing of Sports Agents › Section 09.01.07.01 - Schedule of Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Original
				License--Individual-----------------$1,000
B. Original
				License--Corporation/Partnership----$1,000
C. Renewal
				License--Individual------------------$1,000
D. Renewal
				License--Corporation/Partnership-----$1,000
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.08 - Currency Transactions › Section 09.01.08.01 - 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) Currency.
(a) "Currency" means currency and coin of the
				United States or any other country including United States silver certificates,
				United States notes, and Federal Reserve notes.
(b) "Currency" does not include bank checks,
				traveler's checks, bank drafts, wire transfers, money orders, or other
				negotiable or monetary instruments not customarily accepted as money.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.08 - Currency Transactions › Section 09.01.08.02 - Reporting by Persons Engaging in a Trade or Business

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each person engaged in a trade or business
				who receives more than $10,000 in currency in one transaction, which takes
				place in this State, shall keep a record of each transaction. Individuals shall
				keep a record of only those transactions occurring during the course of the
				individual's trade or business.
B.
				A single transaction may not be divided into multiple transactions in order to
				avoid reporting under this regulation.
C. Each single transaction in excess of
				$10,000 shall be recorded on Form 8300, as required by
				26 U.S.C. §
										6050 -I.
D. A copy in triplicate of the Form 8300
				shall be filed with the Secretary of Licensing and Regulation, Operations and
				Management Unit, 501 St. Paul Place, Baltimore, Maryland 21202, within 15 days
				of the date of the transaction.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.08 - Currency Transactions › Section 09.01.08.03 - Availability of Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Secretary shall make available to the Office of the Attorney General and the
				Department of Public Safety and Correctional Services a copy of each Form 8300
				filed with the Secretary, on at least a monthly basis.
B. The Secretary shall make available to any
				other criminal justice agency of federal, State, or municipal government, upon
				request, a copy of any Form 8300 filed with the Secretary.
C. The copies of Form 8300 are not public
				records for the purpose of State Government Article, Title 10, Annotated Code
				of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.08 - Currency Transactions › Section 09.01.08.04 - Failure to Report

Current through Register Vol. 51, No. 14, July 12, 2024
A. After notice and
				opportunity for a hearing, as provided in State Government Article, Title 10,
				the Secretary may assess a civil penalty not to exceed $50 for each day that
				the Form 8300 is in arrears.
B. For
				the purpose of determining the civil penalty, the Secretary shall assess a
				separate penalty for each store, division, branch, department, headquarters, or
				office, regardless of physical location.
C. The total civil penalty may not exceed
				$1,000 per violation.
D. In
				determining the amount of the civil penalty for a violation, the Secretary
				shall consider the amount of currency and number of transactions involved, and
				any pattern of compliance or noncompliance by the person engaged in the trade
				or business.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.09 - New Home Warranty Security Plans › Section 09.01.09.01 - Disclosure by Builders Not Participating in New Home Warranty Security Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. The disclosure
				shall be printed in at least 12-point type.
B. The disclosure shall read as follows:
Maryland law requires a builder who does not participate in a
				  new home warranty security plan to make the following disclosure as part of the
				  contract for sale or construction of a new home.
Builders of new homes, in the State of Maryland, are required
				  to be registered with the Consumer Protection Division of the Office of the
				  Attorney General unless they build new homes exclusively in Montgomery County.
				  In that case, they are required to register with the Montgomery County Office
				  of Consumer Affairs.
I do not participate in a new home warranty security plan.
				  Therefore, the buyer may be afforded only certain limited implied warranties as
				  are provided by law.
Maryland law requires me to either disclose any actual
				  knowledge that I have of any hazardous or regulated materials which are present
				  on the site of the new home or to state that I am making no representations or
				  warranties as to whether any hazardous or regulated materials are present on
				  the site of the new home.
I have actual knowledge that the following hazardous or
				  regulated materials are present on the site of the new home.
__ Asbestos __ Lead-Based Paint __ Radon __ Methane __
				  Underground Storage Tanks __ Licensed Landfills __ Unlicensed Landfills __
				  Licensed Rubble Fills __ Unlicensed Rubble Fills
OR
Other Hazardous or Regulated Materials and Other
				  Environmental Hazards Present on the Site:
				  ____________________________________________________________________
OR
__ I have no actual knowledge of any hazardous or regulated
				  material present on the site of the new home.
OR
__ I am making no representations or warranties as to whether
				  there is any hazardous or regulated material on the site of the new
				  home.
The buyer has the right to change the buyer's mind and to
				  rescind this contract. If the buyer decides to discontinue this contract, the
				  buyer must notify the builder in writing, within 5 working days from the date
				  the buyer signs the contract. Upon rescission, the buyer is entitled to a
				  refund of any monies paid to the builder for the new home.
The buyer acknowledges that the builder does not participate
				  in a new home warranty security plan and that the buyer has read and
				  understands the above disclosure.
______________________________ ______________________________
				  Signature of Buyer Date
______________________________ ______________________________
				  Signature of Buyer Date
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.09 - New Home Warranty Security Plans › Section 09.01.09.04 - Notification Required to be Given to Buyer on Warranty Date

Current through Register Vol. 51, No. 14, July 12, 2024
A. On the warranty
				date, if a builder participates in a New Home Warranty Security Plan or if a
				buyer has elected to have the builder participate in a plan, the builder shall
				provide the owner with evidence that the new home is covered by a new home
				warranty that meets the requirements of Maryland law.
B. Evidence of participation is a letter from
				the New Home Warranty Security Plan certifying that the new home is covered by
				the minimum warranty required under Maryland law and specifically setting forth
				any additional express warranties or any exclusions to the warranty
				coverage.
C. The letter in § B
				of this regulation shall include the address and telephone number of the New
				Home Warranty Security Plan. The letter shall contain the following statement
				in bold type:
The buyer should personally contact the new home warranty
				  security plan to verify the existence of the warranty. Further, the buyer
				  should report any warranty problems which are not promptly resolved by the
				  builder to the new home warranty security plan.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.09 - New Home Warranty Security Plans › Section 09.01.09.05 - Notice to Buyer Required by Builders Participating in New Home Warranty Security Plan or Electing to Allow Buyer the Option of Participating in New Home Warranty Security Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				notice shall be printed in at least 12-point type.
B. The notice shall be incorporated into the
				contract in a conspicuous manner and shall read as follows:
Notice to Buyer
Your new home will be covered by a new home warranty that
				  meets the minimum requirements established under Title 10, Subtitle 6 of the
				  Real Property Article of the Annotated Code of Maryland. Before you sign this
				  contract, your builder is required to give you a copy of the warranty coverage
				  you will receive.
The name of the new home warranty security plan in which your
				  builder is currently a participant is ____________ . You are strongly
				  encouraged to call the new home warranty security plan at ______ to verify (1)
				  that your builder is in good standing with this company, and (2) that your new
				  home will be covered by a warranty from this company.
If the builder is not a participant in good standing with
				  this company on the date of this contract, or if the new home has not been
				  registered in the plan on or before the warranty date, then it is a material
				  breach of the contract and you are entitled to whatever remedies are provided
				  by law, including, but not limited to, rescission or cancellation of this
				  contract and, except in the case of a construction contract for a new home
				  built on your own property, a refund of any money paid to the builder for your
				  new home.
On the day that you first occupy the new home, settle on the
				  new home, make the financial payment to the builder on your new home, or obtain
				  an occupancy permit for a new home if the new home is built on your own
				  property, whichever is earlier, you will be provided with evidence that a new
				  home warranty exists for your new home and that coverage begins on that date.
				  You will be provided with a signed new home warranty within 60 days from the
				  date the coverage begins.
The terms used in this notice shall have the same meanings as
				  provided in Title 10, Subtitle 6 of the Real Property Article of the Annotated
				  Code of Maryland.
The buyer has read and understands the above
				  disclosure.
________________________________________________________________
				  Signature of Buyer Date
				  ________________________________________________________________ Acknowledgment
				  of Builder Date
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.09 - New Home Warranty Security Plans › Section 09.01.09.06 - Financial Security Requirements for New Home Warranty Security Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. Approval of a
				new home warranty security plan shall continue only if the operator of the plan
				remains financially able to pay all valid claims.
B. The operator shall demonstrate financial
				responsibility from time to time to the Secretary in the following manner:
(1) The operator shall maintain and file with
				the Secretary a surety bond from an authorized insurer or an irrevocable letter
				of credit from a federally insured financial institution to ensure that the
				operator is able to meet its contractual obligations under the plan to the
				buyers. The amount of the bond or letter of credit is $100,000 unless a greater
				amount is required by the Secretary. The bond or letter of credit is in
				addition to any insurance or risk retention plan coverage the operator
				maintains to meet liability claims.
(2) At such time as it appears to the
				Secretary that a bond or letter of credit in the amount of $100,000 is not
				adequate to meet potential new home warranty security plan claims, the
				Secretary shall require:
(a) A bond or letter
				of credit in a higher amount;
(b)
				The establishment by the operator of a reserve fund; or
(c) Other measures to ensure financial
				responsibility.
(3) The
				operator shall furnish such information and reports, and grant such access to
				its records, as the Secretary from time to time requires.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.09 - New Home Warranty Security Plans › Section 09.01.09.07 - Registration and Effective Date of New Home Warranty Security Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a contract
				for sale or construction of a new home between a buyer and a builder who
				participates in a new home warranty security plan provides, either by its terms
				or by virtue of an option exercised by the buyer, that the home will be
				registered in the plan, the operator of the plan shall register the home and
				shall do so at the cost agreed upon between the operator and the builder and
				disclosed to the buyer at the time the contract for sale or construction of the
				new home is entered into, unless the buyer is not charged directly or
				indirectly for the cost of the warranty.
B. Protection under the new home warranty
				security plan begins on the warranty date.
C. The provisions of Real Property Article,
				Subtitle 6, Annotated Code of Maryland, concerning new home warranties apply to
				each newly constructed private dwelling unit, the contract for sale or
				construction of which is entered into on or after January 1, 1991. The
				provisions of Real Property Article, Subtitle 6, Annotated Code of Maryland, do
				not apply in Montgomery County, except as provided in Real Property Article,
				§
									10-610, Annotated Code
				of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.09 - New Home Warranty Security Plans › Section 09.01.09.08 - Other Warranties

Current through Register Vol. 51, No. 14, July 12, 2024
The warranties provided under a new home warranty security
				  plan are in addition to warranties otherwise provided by law, including those
				  set forth in Real Property Article, §§
									10-202,
				  10-203, and
				  11-131, Annotated Code
				  of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.09 - New Home Warranty Security Plans › Section 09.01.09.09 - Notice Requirements for Denial of Coverage

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice of Denial.
(1) The operator of a plan shall notify the
				buyer in writing of a decision to deny warranty coverage for all or part of a
				claim not later than 90 days after the claim is received by the
				operator.
(2) The notice of denial
				shall include:
(a) Reference to the specific
				terms of the plan on which the denial is based; and
(b) The procedures which the buyer must
				follow to appeal the denial, including all time limitations.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.10 - Criminal Record - Effect on Licensure › Section 09.01.10.01 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
The following standards shall be applied by an officer,
				  commissioner, commission, and board within the Department of Labor, Licensing,
				  and Regulation to the extent the officer, commissioner, commission, or board
				  has authority to consider the effect of a criminal conviction on the grant,
				  denial, renewal, or revocation of a license.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.10 - Criminal Record - Effect on Licensure › Section 09.01.10.02 - Standards

Current through Register Vol. 51, No. 14, July 12, 2024
The following standards shall be considered in the grant,
				  denial, renewal, or revocation of a license, when an applicant or licensee has
				  been convicted of a crime:
A. The
				nature of the crime;
B. The
				relationship of the crime to the activities authorized by the
				license;
C. The relevance of the
				conviction to the fitness and qualification of the applicant or licensee to
				perform the occupation authorized by the license;
D. Other crimes of which the applicant or
				licensee has been convicted;
E. The
				length of time since the conviction;
F. The behavior and activities of the
				applicant or licensee before, and subsequent to, the conviction.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.11 - Open Meetings Act › Section 09.01.11.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter contains procedures regarding:
A. The attendance by members of general
				public of open sessions of the units in the Department of Labor, Licensing, and
				Regulation; and
B. The recording
				and broadcasting of open sessions of the units within the Department of Labor,
				Licensing, and Regulation.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.11 - Open Meetings Act › Section 09.01.11.02 - 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) "Department" means the Department of
				Labor, Licensing, and Regulation.
(2) "Open meeting" means a public meeting of
				the unit within the Department required to be open to the public pursuant to
				the Open Meetings Act, General Provisions Article, Title 3, Annotated Code of
				Maryland.
(3) "Unit" means an
				entity defined in Business Regulation Article, §
										2-108, Annotated
				Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.11 - Open Meetings Act › Section 09.01.11.03 - Public Attendance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				public is invited to attend and observe any open session of the unit within the
				Department.
B. Except in instances
				when the unit expressly invites public testimony, questions, comments, or other
				forms of public participation, or when public participation is otherwise
				authorized by law, a member of the public attending an open session may not
				actively participate in the session.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.11 - Open Meetings Act › Section 09.01.11.04 - Prohibited Conduct or Activity

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				individual attending an open session of the unit may not engage in conduct that
				disrupts the session or interferes with the right or opportunity of members of
				the public to attend and observe the session.
B. The presiding officer may:
(1) Order an individual who engages in
				conduct prohibited in §A of this regulation or who violates any other
				regulation concerning the conduct of the open session to be removed from the
				session;
(2) Request police or
				other assistance to restore order; or
(3) Recess the session while order is
				restored.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.11 - Open Meetings Act › Section 09.01.11.05 - Recording, Photographing, and Broadcasting of Open Sessions

Current through Register Vol. 51, No. 14, July 12, 2024
A. During a public
				session, a member of the public, including a representative of the news media,
				may record discussions of the unit using a recording device, if the device:
(1) Does not create an excessive noise that
				disturbs members of the unit or any other individuals attending the
				session;
(2) Does not otherwise
				interfere with an individual's observation of or participation in the session;
				and
(3) Is operated openly so that
				it is obvious to those in attendance that the session is being
				recorded.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.11 - Open Meetings Act › Section 09.01.11.06 - Recordings Not Part of Record

Current through Register Vol. 51, No. 14, July 12, 2024
A recording of an open session made by a member of the
				  public, or any transcript derived from such a recording, may not be deemed
				  apart of the record or any proceeding of the unit.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.13 - Regulation of Units to Prevent Anticompetitive Actions › Section 09.01.13.01 - Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The procedures
				described in this regulation shall apply to a proposed decision or action of a
				board or commission within the Department of Labor, Licensing, and Regulation
				composed in whole or in part of individuals participating in the occupation or
				profession regulated by the board or commission if the proposed decision or
				action:
(1) May result in an unreasonable
				anti-competitive action; and
(2)
				Does not further a clearly articulated State policy to displace competition in
				a regulated market in order to protect the health, safety, and welfare of the
				citizens of the State.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 03 - COMMISSIONER OF FINANCIAL REGULATION › Chapter 09.03.01 - Credit Unions › Section 09.03.01.10 - Investments

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				regulation, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Adjusted trading" means any method or
				transaction used to defer a loss whereby a credit union sells a security to a
				vendor at a price above its current market price, and simultaneously purchases
				or commits to purchase from the vendor another security at a price above its
				current market price.
(2) Options
				or Futures Contracts.
(a) "Option or futures
				contracts" means commitment to either buy or sell a security, on or before a
				future date, at a predetermined price.
(b) "Option or future contract" does not
				include the subscription for the purchase of initial offering of an investment
				permitted by Financial Institutions Article §
											6-705,
				Annotated Code of Maryland.
(3) "Short sale" means the sale of a security
				not owned by the seller.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 03 - COMMISSIONER OF FINANCIAL REGULATION › Chapter 09.03.01 - Credit Unions › Section 09.03.01.11 - Accounting Procedures and Records Retention

Current through Register Vol. 51, No. 14, July 12, 2024
A. A credit union shall maintain books and
				financial records that:
(1) Accurately and
				fully reflect the fiscal affairs of the credit union; and
(2) Are sufficient to enable an independent
				certified public accountant to perform a complete audit of the credit
				union.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 03 - COMMISSIONER OF FINANCIAL REGULATION › Chapter 09.03.01 - Credit Unions › Section 09.03.01.14 - Member Business Loans

Current through Register Vol. 51, No. 14, July 12, 2024
A. In
				this regulation, the following terms have the meanings indicated:
(1) "Associated member" means a member with
				shared ownership, investment, or other pecuniary interest in a business or
				commercial endeavor with the borrower.
(2) "Development or construction loan" or
				both means a financing arrangement for acquiring property or rights to
				property, including land or structures, with the intent to convert it to
				income-producing property such as residential housing for rental, sale,
				commercial use, industrial use, or a similar use.
(2-1) "Family member" means a spouse or other family member
				  living in the same household.
(3) "Loan-to-value ratio or LTV" means the
				aggregate amount of all sums borrowed including outstanding balances plus any
				unfunded commitment or line of credit from all sources on an item of collateral
				divided by the market value of the collateral used to secure the
				loan.
(4) "Member business loan"
				means a loan, line of credit, or letter of credit (including an unfunded
				commitment), the proceeds of which will be used for a commercial, corporate,
				other business investment property or venture, or agricultural
				purpose.
(5) "Member business loan"
				does not include a loan or loans:
(a) That is
				fully secured by a lien on a one-to-four-family dwelling that is the member's
				primary residence;
(b) That is
				fully secured by shares or deposits in credit unions, or savings and deposits
				in other financial institutions;
(c) For which a federal, state, or local
				political subdivision fully insures repayment, guarantees repayment, or
				provides an advance commitment to purchase in full;
(d) To a member or associated member which is
				equal to or less than $50,000; or
(e) Granted to a credit union by a corporate
				credit union.
(6) "Net
				worth" means retained earnings as defined under Generally accepted accounting
				principles. Retained earnings include, but are not limited to, undivided
				earnings, regular reserves, and any other appropriations designated by
				management or the Commissioner.
(7)
				"Senior management employee" means the chief executive officer (typically the
				president or treasurer/manager), the assistant chief executive officer
				(typically the assistant president, vice president, or assistant
				treasurer/manager), or the chief financial officer (typically the
				comptroller).
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 03 - COMMISSIONER OF FINANCIAL REGULATION › Chapter 09.03.01 - Credit Unions › Section 09.03.01.15 - Maximum Loans to a Single Member

Current through Register Vol. 51, No. 14, July 12, 2024
The term "indirectly to any one member", as used in Financial
				  Institutions Article, §
									6-604,
				  Annotated Code of Maryland, includes a loan or extension of credit made to any
				  member who, acting directly or indirectly, individually or in concert with one
				  or more other persons or entities, or through one or more subsidiaries:
A. Acts in a common enterprise;
B. Owns or controls any entity, or holds
				proxies for, or otherwise has power to vote, 10 percent or more of the voting
				shares, rights, or interests of any association or corporation; or
C. Controls in any manner the election or
				appointment of a majority of the directors of that association or
				corporation.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 03 - COMMISSIONER OF FINANCIAL REGULATION › Chapter 09.03.01 - Credit Unions › Section 09.03.01.16 - Reports to the Commissioner of Financial Regulation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner of Financial Regulation
				shall require, as additional reports pursuant to Financial Institutions
				Article, §
									6-404(b),
				Annotated Code of Maryland, that a Report of Condition be received by the
				Commissioner on or before:
(1) July 30th of
				each year, reporting the financial condition of the credit union as of June
				30th of that year; and
(2) February
				1st of each year, reporting the financial condition of the credit union as of
				December 31st of that year.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 03 - COMMISSIONER OF FINANCIAL REGULATION › Chapter 09.03.01 - Credit Unions › Section 09.03.01.17 - Boards of Directors - Electronically Conducted Elections

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) "Electronically" means the use of one or
				more electronic devices.
(2)
				"Electronic device" means a device having electrical, digital, magnetic,
				wireless, optical, electromagnetic or similar capabilities and may include, but
				is not limited to, telephones, voice response units, computer systems, and
				electronic mail systems.
(3)
				"Electronic notice members" means members of the credit union who have opted to
				receive notices or statements electronically.
(4) "Electronic voting instruction sheet"
				means the specific instructions for the electronically conducted election
				procedure, including, but not limited to:
(a)
				How to access and use the electronic voting system;
(b) The period of time in which votes will be
				taken; and
(c) A description of the
				opt-out method.
(5)
				"Envelope" means a postage prepaid and preaddressed envelope conforming to
				Financial Institutions Article, §
										6-329(d)(2)(ii),
				Annotated Code of Maryland.
(6)
				"Identification form" means an identification form conforming to Financial
				Institutions Article, §
										6-329(d)(2)(iii),
				Annotated Code of Maryland.
(7)
				"Notice of ballot" means a notice that includes all information that is on the
				printed ballot.
(8) "Printed
				ballot" means a printed ballot conforming to Financial Institutions Article,
				§
										6-329(d)(2)(i),
				Annotated Code of Maryland.
(9)
				"Secretary" means the secretary of the credit union.
(10) "Tellers" means the tellers of election
				appointed by the board of directors pursuant to Financial Institutions Article,
				§
										6-329(e),
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 03 - COMMISSIONER OF FINANCIAL REGULATION › Chapter 09.03.02 - General Regulations › Section 09.03.02.01 - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following term has the meaning indicated.
B. Term Defined. "Commissioner" has the
				meaning stated in Financial Institutions Article, §
									1-101(g),
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 03 - COMMISSIONER OF FINANCIAL REGULATION › Chapter 09.03.02 - General Regulations › Section 09.03.02.04 - Books and Records

Current through Register Vol. 51, No. 14, July 12, 2024
Each licensed office shall maintain the following
				  records:
A. Loan Register. All loans
				shall be listed in a register in numerical order showing, in addition to the
				loan number, the date of loan, name of principal borrower, and amount of
				loan.
B. Individual Ledger Record.
				A separate ledger record shall be maintained for each borrower, showing the
				loan number, borrower's name and address, names of endorsers, comakers,
				guarantors or sureties, the amount of loan, the schedule of payments, and the
				type of security. In addition, the record shall show the date and amount of all
				payments of interest and principal as well as the principal balance
				due.
C. File of Original Papers.
				For each borrower or loan account, a separate file shall be maintained
				containing all papers relating to the borrower or the loan, except that
				promissory notes and security instruments may be kept in a separate legal paper
				file bearing the same account number. If notes have been hypothecated, the file
				shall reveal where and to whom these notes are hypothecated.
D. Receipts and Disbursement Record. All
				receipts from or for the account of borrowers and all disbursements to or for
				the account of borrowers shall be clearly recorded in a manner that makes the
				transactions readily identifiable.
E. Index of Obligors. An alphabetical index
				of all borrowers, endorsers, guarantors, or comakers shall be maintained,
				showing the related loan numbers.
F. Litigation and Repossession Records. The
				records of the licensee (individual ledger record or similar record) shall show
				all essential details with respect to litigation or repossession, or both. This
				detail with respect to litigation shall include the amount and date of
				judgments and any costs charged to the borrowers. With respect to repossession,
				the record shall include the date, amount then due, type of security
				repossessed, and the amount realized from sale of the security.
G. Acceptance of Equivalent Records. Records
				and accounting systems maintained in whole or in part by mechanical or
				electronic data processing methods may be used instead of the books and records
				required by this regulation if they contain equivalent information.
H. Credit Life Claim Register. Each licensee
				shall maintain a register of death claims showing the following minimum
				information:
(1) Loan or account
				number;
(2) Name of insured
				borrower;
(3) Date of death of
				insured;
(4) Date of official
				notification to licensee;
(5) Date
				claim submitted to insurer;
(6)
				Date settlement received from insurer;
(7) Amount of settlement received by
				principal beneficiary;
(8) Amount
				of settlement, if any, received by second beneficiary;
(9) Amount of refund of unearned accident and
				health premium, if any.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 03 - COMMISSIONER OF FINANCIAL REGULATION › Chapter 09.03.02 - General Regulations › Section 09.03.02.05 - Unfair and Deceptive Trade Practices

Current through Register Vol. 51, No. 14, July 12, 2024
A. Advertising.
(1) Each consumer loan licensee shall comply
				with all provisions of Regulation Z, promulgated under the Federal Consumer
				Credit Protection Act, Truth-in-Lending, that relate to the advertising of
				credit terms.
(2) A consumer loan
				licensee may not use blind advertisements, such as giving only telephone
				numbers or box number addresses. A licensee may not advertise that any loan
				business will be conducted at any place other than the licensed
				address.
(3) A consumer loan
				licensee may not advertise or otherwise communicate to any borrower that
				payments will be waived for any contingency without also advising the borrower
				that daily interest charges will continue during the waiver period, if this is
				the fact.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 03 - COMMISSIONER OF FINANCIAL REGULATION › Chapter 09.03.02 - General Regulations › Section 09.03.02.06 - Contested Case Hearings Before the Commissioner

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as otherwise provided in
				§§C, D, and E of this regulation, all contested case hearings before
				the Commissioner are governed by COMAR 09.01.02.
B. For a hearing under Financial Institutions
				Article, §
									11-415,
				Annotated Code of Maryland, the Commissioner shall send the hearing notice
				described in COMAR
				09.01.02.07B:
(1) At least 10 days before the hearing;
				or
(2) If the parties have agreed
				to a date for which 10 days notice cannot be given, at the earliest time
				possible.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 03 - COMMISSIONER OF FINANCIAL REGULATION › Chapter 09.03.02 - General Regulations › Section 09.03.02.07 - Contested Case Hearings Delegated to the Office of Administrative Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
All contested case hearings delegated to the Office of
				  Administrative Hearings are governed by COMAR 09.01.03.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 03 - COMMISSIONER OF FINANCIAL REGULATION › Chapter 09.03.02 - General Regulations › Section 09.03.02.08 - Remote Work for Employees of Licensees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope.
(1) This regulation governs the conduct of
				any employee operating from a location other than that which appears on the
				employer's license or licenses.
(2)
				Notwithstanding §A(1) of this regulation, this regulation does not apply
				to the conduct of an employee if:
(a) The
				employer is licensed under Financial Institutions Article, Title 11, Subtitle
				5, Annotated Code of Maryland;
(b)
				The employee is licensed under Financial Institutions Article, Title 11,
				Subtitle 6, Annotated Code of Maryland; and
(c) The employee is taking a loan application
				or offering or negotiating the terms of a loan in compliance with COMAR
				09.03.09.07.
(3)
				Nothing contained in this regulation shall be deemed to prohibit an employee of
				a licensee from conducting any business for which a license is required at a
				location other than the locations set forth on the employer's license or
				licenses if applicable law or regulation does not limit that conduct to the
				location shown on the license.
(4)
				A licensee may not use this regulation to evade the requirements of any
				applicable law or regulation.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 03 - COMMISSIONER OF FINANCIAL REGULATION › Chapter 09.03.03 - Procedure for Handling Applications › Section 09.03.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
Regulations under this chapter contain procedures by which
				  the Commissioner of Financial Regulation of the State of Maryland may reach
				  informed decisions with respect to:
A.
				Applications to charter state banking institutions and credit unions pursuant
				to Financial Institutions Article, Title 3, Subtitle 2, and Title 6, Subtitle
				2, Annotated Code of Maryland;
B.
				Applications by banks for merger or consolidation pursuant to Financial
				Institutions Article, Title 3, Subtitle 7, Annotated Code of
				Maryland;
C. All other applications
				where the Presiding Officer deems it desirable to employ the procedures
				established here in determining legislative-type facts.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 03 - COMMISSIONER OF FINANCIAL REGULATION › Chapter 09.03.03 - Procedure for Handling Applications › Section 09.03.03.02 - 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) "Hearing panel" means the Presiding
				Officer and other individuals designated by him to hear the case; however, the
				decision shall be made by the Presiding Officer.
(2) "Presiding Officer" means the
				Commissioner of Financial Regulation or the Deputy Commissioner when acting
				pursuant to Financial Institutions Article, §
										2-103(e),
				Annotated Code of Maryland (Deputy Commissioner to act in case of
				vacancy).
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 03 - COMMISSIONER OF FINANCIAL REGULATION › Chapter 09.03.03 - Procedure for Handling Applications › Section 09.03.03.03 - Publication

Current through Register Vol. 51, No. 14, July 12, 2024
Within 30 calendar days after an application is filed with
				  the Commissioner of Financial Regulation, he shall publish in the Maryland
				  Register a notice containing the name of the applicant, its proposed location,
				  the subject matter of the application, and the date upon which the application
				  was filed.