reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 01 - EXECUTIVE ORDERS › Chapter 01.01 - Executive Orders › Section 01.01.2019.01 - Maryland Opportunity Zone Leadership Task Force

Current through Register Vol. 51, No. 14, July 12, 2024
A. There is a Maryland Opportunity Zone Leadership Task Force (the Task Force).
B. Membership.
1) The Task Force shall consist of the following voting members:
a) The Lieutenant Governor;
b) The Secretary of the Department of Housing and Community Development, or the Secretary's designee;
c) The Secretary of the Department of Commerce, or the Secretary's designee;
d) The Secretary of the Department of Labor, Licensing, and Regulation, or the Secretary's designee;
e) The Secretary of the Department of Planning, or the Secretary's designee;
f) The Secretary of the Maryland Department of Transportation, or the Secretary's designee; and
g) The Secretary of the Maryland Department of Human Resources, or the Secretary's designee.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 01 - EXECUTIVE ORDERS › Chapter 01.01 - Executive Orders › Section 01.01.2019.05 - (Rescinds Executive Order 01.01.2015.09) Judicial Nominating Commissions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this Executive Order, the following words have the meanings indicated:
(1) Appellate Court means the Court of Appeals of Maryland or the Court of Special Appeals of Maryland.
(2) County means a county of the State or Baltimore City.
(3) Immediate family includes a spouse, child, sibling, parent, grandparent, grandchild, stepparent, stepchild, step-sibling, or any adopted relative.
(4) Trial Court means the District Court of Maryland or the Circuit Court for a county.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 01 - EXECUTIVE ORDERS › Chapter 01.01 - Executive Orders › Section 01.01.2019.06 - (Amends Executive Order 01.01.2019.02) Commission to Study Mental and Behavioral Health in Maryland

Current through Register Vol. 51, No. 14, July 12, 2024
A. Establishment. There is a Governor's Commission to Study Mental and Behavioral Health in Maryland (the Commission).
B. Membership.
(1) The Commission shall consist of the following members:
(a) The Lieutenant Governor;
(b) Two appointees of the President of the Maryland Senate;
(c) Two appointees of the Speaker of the Maryland House of Delegates;
(d) A representative of the Judicial system of the State, appointed by the Chief Judge of the Court of Appeals;
(e) The Secretary of the Department of Health, or the Secretary's designee;
(f) The Deputy Secretary for Behavioral Health, or the Secretary's designee;
(g) The Secretary of the State Police, or the Secretary's designee;
(h) The Secretary of Public Safety and Correctional Services, or the Secretary's designee;
(i) The Secretary of Human Services, or the Secretary's designee;
(j) The Maryland Insurance Commissioner, or the Commissioner's designee;
(k) The Executive Director of the Opioid Operational Command Center;
(l) The Secretary of Disabilities, or the Secretary's designee;
(m) The State Superintendent of Schools, or the Superintendent's designee; and
(n) Six public members, to be appointed by the Governor, representing a range of experience related to mental health, including lived experiences, clinical expertise, work within the criminal justice system, and the provision of social services.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 01 - EXECUTIVE ORDERS › Chapter 01.01 - Executive Orders › Section 01.01.2019.07 - Maryland Cyber Defense Initiative

Current through Register Vol. 51, No. 14, July 12, 2024
A. There is a Maryland Cyber Defense Initiative to strengthen the State's ability to manage the consequences of a cyber security incident.
B. State Chief Information Security Officer.
1. There is a State Chief Information Security Officer (SCISO).
2. The SCISO shall be appointed by, and serve at the pleasure of, the Governor.
3. The SCISO shall report to, and be supervised by, the Secretary of Information Technology and serve as the Department of Information Technology (DoIT) chief information security officer.
4. The SCISO shall provide cybersecurity advice, recommendations, and consultation to the Governor when requested.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 01 - EXECUTIVE ORDERS › Chapter 01.01 - Executive Orders › Section 01.01.2019.08 - Energy Savings Goals for State Government

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Maryland Energy Administration (MEA) and Maryland Department of General Services (DGS) shall develop and manage a Maryland Leads by Example energy-savings initiative with the goal of, by 2029, reducing energy consumption in State-owned buildings by 10 percent compared to a Fiscal Year 2018 baseline.
B. Each year, DGS shall analyze all State-owned buildings to identify the least energy-efficient.
C. Audit.
(1) Each year, DGS shall conduct an energy audit of at least 2 million square feet of the least energy-efficient State-owned buildings.
(2) The audit shall identify low-cost measures for increasing energy efficiency that will result in energy cost savings within five years that meet or exceed the costs of the measures themselves.
(3) A copy of the audit shall be provided to the head of each unit of State government that occupies the space audited.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.03 - Charitable Organizations: Procedural Regulations › Section 01.02.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations apply to controversies and hearings arising under the Maryland Charitable Solicitations Act, Business Regulation Article, Title 6, Annotated Code of Maryland.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.03 - Charitable Organizations: Procedural Regulations › Section 01.02.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Act" means the Maryland Solicitations Act, Business Regulation Article, Title 6, Annotated Code of Maryland.
B. "Day" means calendar day.
C. "Party" means any person requesting a hearing and any person or agency having an interest in the outcome of a hearing.
D. "Petitioner" means any person requesting a regulation change or a declaratory ruling.
E. "Respondent" means any person requesting a hearing from the Secretary of State pursuant to Business Regulation Article, §
									6-205(g)(1), Annotated Code of Maryland, and following receipt of a cease and desist order issued by the Secretary of State or Attorney General as authorized by Business Regulation Article, §
									6-205(b)(2), Annotated Code of Maryland.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.03 - Charitable Organizations: Procedural Regulations › Section 01.02.03.03 - Petition for Adoption of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Who May File. Any interested person may file with the Secretary a petition requesting the promulgation, amendment, or repeal of any regulation.
B. Form. The petition shall be in writing and shall contain the name, address, and telephone number of the petitioner. It shall also contain the proposed regulation change and a brief statement of reasons in support of the change.
C. Submission, Consideration, and Disposition. The petition shall be filed with the Secretary for their consideration and disposition. The Secretary shall mail promptly to each person requesting the promulgation, amendment, or repeal of any regulation a notice of filing indicating the date of receipt of the petition. Within 60 days of the receipt, the Secretary shall either deny the petition in writing and state the reasons for their denial, or institute appropriate regulation-promulgation procedures in accordance with the Administrative Procedure Act, and notify the petitioner in writing of this action.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.03 - Charitable Organizations: Procedural Regulations › Section 01.02.03.04 - Petition for Declaratory Ruling

Current through Register Vol. 51, No. 14, July 12, 2024
A. Who May File. Any interested person may file with the Secretary a petition for a declaratory ruling with respect to the applicability of the Act or any regulation pertaining to the Act, to any person, property, or state of facts.
B. Form. The petition shall be in writing. It shall contain a detailed statement of the facts underlying the questioned applicability of the regulation or the Act and shall pose the question of whether or in what manner the stated regulation or the Act applies to the facts contained in the petition. The petition shall also contain the name, address, and telephone number of the petitioner and a statement by the petitioner, under oath, that the facts set forth in the petition are true to the best of his knowledge, information, and belief.
C. Submission, Consideration, and Disposition. The petition shall be filed with the Secretary for their consideration and disposition. The Secretary shall mail promptly to each person requesting a declaratory ruling a notice of filing indicating the date of receipt of the petition. The Secretary shall consider the petition and may issue the declaratory ruling requested. The Secretary shall notify the petitioner in writing within 30 days of the date of receipt of the petition of whatever action they decide to take and state the reasons for their decision.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.03 - Charitable Organizations: Procedural Regulations › Section 01.02.03.05 - Right to a Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Who May Request a Hearing. Any person adversely affected by any action taken by the Secretary as a result of an investigation pursuant to Business Regulation Article, §
									6-205, Annotated Code of Maryland, is entitled to a hearing before the Secretary.
B. Notice.
(1) Whenever the Secretary notifies a person that the Secretary has taken action which may adversely affect that person or that person's ability to engage in solicitation, the Secretary shall notify the person affected in writing of the right to request a hearing and of the method of making the request.
(2) This written notice shall:
(a) Advise the person of the right to be represented by counsel during the entire hearing process;
(b) Advise the person of the right to request a reasonable accommodation for a party, witness, or representative who cannot hear, speak, or understand the spoken or written English language;
(c) Advise the person that he or she may present documents and witnesses at the hearing; and
(d) Include a summary of the regulations relating to hearing procedures.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.03 - Charitable Organizations: Procedural Regulations › Section 01.02.03.06 - Requests for Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
Any person entitled to a hearing may file with the Secretary a petition requesting a hearing. The petition shall be filed within 30 days of the date of the Secretary's decision, failure to act, or other action. The Secretary shall mail promptly to each petitioner a notice indicating the date of receipt of the request.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.03 - Charitable Organizations: Procedural Regulations › Section 01.02.03.07 - Date of Hearing - Timing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 30 days after a request is submitted by a respondent, the Secretary of State shall hold a hearing in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
B. For all other hearing requests, the Secretary shall hold the hearing as promptly as possible and within a reasonable time of the date a request for a hearing is received.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.03 - Charitable Organizations: Procedural Regulations › Section 01.02.03.09 - Consolidation of Requests for Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary may consolidate requests for hearings, when the sole issue involved is one of policy, and hold a group hearing. In all group hearings, the procedures contained in these regulations shall be followed.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.03 - Charitable Organizations: Procedural Regulations › Section 01.02.03.10 - Prehearing Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice of Hearings. The Secretary shall provide reasonable notice to a party of the date, time and place of a hearing. If the petitioner notifies the Secretary that the date designated is not convenient, the Secretary may designate another date which is convenient to the petitioner.
B. Briefs. Each party may submit briefs containing arguments relating to the issues of fact and law involved in the hearing. If briefs are submitted, the party shall file five copies with the Secretary in a timely manner. The Secretary of State may, in certain circumstances, accept post-hearing briefs.
C. Witnesses. At least 10 days before the hearing date, the petitioner shall notify the Secretary in writing of those employees of the Secretary whom the petitioner wishes to call as witnesses at the hearing and the reasons why they are being asked to testify. If the Secretary determines that the action or inaction of those employees is the basis of the hearing, the Secretary shall require their presence at the hearing.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.03 - Charitable Organizations: Procedural Regulations › Section 01.02.03.11 - Hearing Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Administrative Procedure Act. All hearings held pursuant to Business Regulation Article, Title 6, Annotated Code of Maryland, or these regulations shall be subject to the provisions of the Administrative Procedure Act.
B. Parties. The Secretary, or the designee of the Secretary, shall permit any party to be present at the hearings.
C. Presiding Officer. The Secretary, or the Secretary's designee, shall be the presiding officer and shall have complete charge of the hearing. The Secretary shall permit the examination of witnesses, rule on the admissibility of evidence, and adjourn or recess the hearing from time to time.
D. Office of the Attorney General. The Secretary, or the Secretary's designee, may request the Attorney General's Office to participate in any hearing as counsel. Upon this request, counsel shall have all of the rights with regard to submission of evidence, examination and cross-examination of witnesses, filing of objections and motions, and presentation of oral argument as counsel for any party.
E. Oath. All testimony taken by the Secretary shall be under oath. The oath shall be in the following form: "Do you solemnly swear or affirm under the penalties of perjury that the testimony you are about to give in the matter now pending before the Secretary shall be the truth, the whole truth, and nothing but the truth?"
F. Rules of Evidence.
(1) The rules of evidence in all hearings held pursuant to the Act or these regulations shall be those set forth in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
(2) Any party may submit evidence, examine and cross-examine witnesses, file objections and motions, and present oral argument. When a party is represented by counsel, the submission of evidence, examination and cross-examination of witnesses, filing of objections and motions, and presentation of oral argument shall be done solely by counsel.
(3) The Secretary, or the Secretary's designee, may examine any witness called by any party. The Secretary, or the Secretary's designee, may call as a witness any person in attendance at the hearing.
(4) Subject to the requirements of Regulation .10C, above, the petitioner shall have the right to call as a witness any employee of the Secretary whose action or inaction the petitioner is contesting. If the Secretary or the Secretary's counsel introduces as evidence documents filed by the petitioner or documents resulting from an investigation or other sources, the petitioner shall have the right to examine the documents and the person who prepared them, if that person prepared the documents at the request of the Secretary.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.03 - Charitable Organizations: Procedural Regulations › Section 01.02.03.12 - Withdrawn or Abandoned Requests for Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Withdrawn Requests for Hearings. A request for a hearing may be withdrawn in writing by the petitioner or their counsel at any time.
B. Abandoned Requests for Hearings. The Secretary shall consider a request for a hearing abandoned if neither the petitioner nor the petitioner's counsel appears at the hearing.
C. Denied or Dismissed Requests for Hearings. The Secretary shall deny or dismiss a request for a hearing if:
(1) It is withdrawn by the petitioner or the petitioner's counsel in writing;
(2) The petitioner dies, dissolves, or otherwise terminates the petitioner's activities; or
(3) It is abandoned.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.03 - Charitable Organizations: Procedural Regulations › Section 01.02.03.13 - Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Preparation. The Secretary shall prepare an official stenographic record of the proceedings in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. The record shall include all pleadings, testimony, exhibits, and other memoranda or material filed in the proceedings. Any party requesting a typewritten transcript of the hearing, or part of it, is responsible for its cost.
B. Availability. The record shall be available to each party or each party's counsel at any reasonable time for a period not to exceed 2 years or until all litigation involving the decision is ended, whichever date is later.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.03 - Charitable Organizations: Procedural Regulations › Section 01.02.03.14 - Decisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Content and Distribution.
(1) Every final decision rendered by the Secretary shall be in writing and shall be accompanied by findings of fact and conclusions of law.
(2) The findings of fact shall consist of a concise statement of the conclusions upon each contested issue of fact.
(3) The Secretary shall mail to each party or each party's counsel a copy of the decision and accompanying findings and conclusions within 30 days of the hearing.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.04 - Charitable Organizations: Substantive Regulations › Section 01.02.04.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Terms defined in Business Regulation Article, §
									6-101, Annotated Code of Maryland, shall have the same meaning for the purposes of these regulations as they do in the Act.
B. Terms defined in these regulations shall have the same meaning for the purposes of the Act as they do in these regulations.
C. "Act" means Business Regulation Article, Title 6, Annotated Code of Maryland.
D. Bona Fide Religious Organization.
(1) "Bona fide religious organization" means an organization established for religious purposes or an organization which serves religion by the fostering of religion, including the moral and ethical aspects of a particular faith.
(2) "Bona fide religious organization" includes an organization whose members or congregation are the primary source of revenue and whose purpose is an integral part of the membership's or congregation's mission.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.04 - Charitable Organizations: Substantive Regulations › Section 01.02.04.02 - Responsibilities of Persons Regulated

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice of Tax Deductibility.
(1) An organization shall advise its members of the amount, if any, of the membership fees, dues, fines, or assessments which the Internal Revenue Service does not consider tax deductible as a contribution.
(2) An organization shall advise each purchaser or contributor of the amount, if any, of the contribution which the Internal Revenue Service does not consider tax deductible.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.04 - Charitable Organizations: Substantive Regulations › Section 01.02.04.03 - Responsibilities of the Secretary

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notification to Persons Not Registered. The Secretary shall:
(1) Identify to the extent possible persons who have not registered and are subject to the provisions of the Act;
(2) Send to those identified the necessary forms and instructions and with instructions on how to access a copy of the Act and regulations; and
(3) Advise the person not in compliance of the person's unlawful solicitation and note that a failure to register may result in the institution of enforcement proceedings by the Secretary of State or Attorney General as set forth in § 6-205 of the Act.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.04 - Charitable Organizations: Substantive Regulations › Section 01.02.04.04 - Allocation of Expenses

Current through Register Vol. 51, No. 14, July 12, 2024
A. Program Services Expenses.
(1) Program services expenses are activities which the organization was created to conduct and which form the basis for the organization's tax-exempt status. Each major program service shall be distinguishable from all other program services, and shall include activities, the costs of which can be practicably segregated and accounted for in the records of the organization.
(2) Examples of program services expenses include, but are not limited to, the following:
(a) Research;
(b) Public education;
(c) Professional education and training;
(d) Patient services; and
(e) Community services.
(3) The expenses of public education materials and activities, which include a specific appeal for financial support, may be jointly allocated with other functions according to the Financial Accounting Standard Board's Statement of Position 98-2 and any subsequent accounting guidance.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.04 - Charitable Organizations: Substantive Regulations › Section 01.02.04.06 - Payments for Property Sold or Services Rendered

Current through Register Vol. 51, No. 14, July 12, 2024
If an organization implies or states that payments for property sold or services rendered by the organization will be used in whole or in part for charitable purposes, the act of selling property or rendering services shall be a solicitation, and all the payments shall be contributions.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.04 - Charitable Organizations: Substantive Regulations › Section 01.02.04.07 - Declaratory Rulings as to Status

Current through Register Vol. 51, No. 14, July 12, 2024
An organization uncertain of its status under that Act may request a declaratory ruling from the Secretary in accordance with COMAR 01.02.03.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.04 - Charitable Organizations: Substantive Regulations › Section 01.02.04.09 - Determination of Charitable Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. Charitable Purpose and Noncharitable Purposes. An organization's governing instrument, actions, deeds, oral statements and written materials shall be used to determine whether the organization has a charitable purpose.
B. Solicitations. If a solicitation reflects both the charitable and noncharitable purposes of the organization, the proceeds of the entire solicitation shall be designated for charitable purposes.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.04 - Charitable Organizations: Substantive Regulations › Section 01.02.04.10 - Method of Delivery of Required Forms and Other Written Materials

Current through Register Vol. 51, No. 14, July 12, 2024
A. Mailing Address. The official mailing address of the Secretary for delivery and receipt of any mail, information, filings, registrations, applications, or other material required by the Act or regulations promulgated by the Secretary of State pursuant to § 6-204 of the Act is: Office of the Secretary of State, Charitable Organizations Division, 16 Francis Street, Annapolis, MD 21401.
B. Electronic Submission. The Secretary may accept forms or other written materials required by the Act or regulations promulgated by the Secretary of State pursuant to § 6-204 of the Act, by electronic transmission. The Secretary may specify or adopt additional forms or electronic filing requirements.
C. The signature of a person signing forms or other materials required by the Act or regulations promulgated by the Secretary of State pursuant to § 6-204 of the Act shall be an original or electronic signature acceptable to the Secretary under Commercial Law Article, § 21-117, Annotated Code of Maryland.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.04 - Charitable Organizations: Substantive Regulations › Section 01.02.04.11 - Consolidated Filings

Current through Register Vol. 51, No. 14, July 12, 2024
An organization which files a consolidated registration statement on behalf of its Maryland chapters, branches, or affiliates, shall state separately the names and addresses of those organizations included in the consolidated filing.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.04 - Charitable Organizations: Substantive Regulations › Section 01.02.04.12 - Federated Fund-Raising Organizations

Current through Register Vol. 51, No. 14, July 12, 2024
A federated fund-raising organization shall state the names and addresses of its member agencies in its registration statement.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.04 - Charitable Organizations: Substantive Regulations › Section 01.02.04.13 - Employee of a Charitable Organization

Current through Register Vol. 51, No. 14, July 12, 2024
In determining whether an individual is an employee of an organization, a professional solicitor, or a fund-raising counsel, the payment of payroll taxes on behalf of the individual and reporting the payments, salaries, or fees as income for the individual to the Internal Revenue Service is evidence that an employer-employee relationship exists. The Secretary may require proof that these are being reported to the Internal Revenue Service.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.04 - Charitable Organizations: Substantive Regulations › Section 01.02.04.15 - Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
A. Complaints alleging a violation of the Act or these regulations may be filed with the Secretary.
B. A complaint shall:
(1) Be in writing;
(2) State the name, address, and telephone number of the complaint;
(3) State to the extent possible the nature of the alleged violation, the date of occurrence, and the name of each person involved;
(4) Include to the extent possible any materials distributed by the alleged violator; and
(5) Include any other information which the complaint believes useful to sustaining the complaint.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.04 - Charitable Organizations: Substantive Regulations › Section 01.02.04.16 - Disclosure of Information

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary may request additional information which relates to a true and full disclosure of facts affecting a person's past or impending solicitation or practices, to aid the Secretary in the administration of the Act.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.04 - Charitable Organizations: Substantive Regulations › Section 01.02.04.19 - Prohibited Acts

Current through Register Vol. 51, No. 14, July 12, 2024
A. Closely Related Names. A person may not use a name, symbol, or statement so closely related to that used by a charitable organization or governmental agency that the use would tend to confuse or mislead the public.
B. Restrictions on Use of Name. A person may not use a name implying an activity in any field of law enforcement, public safety, fire fighting, or emergency services unless a majority of the members of the organization are actively engaged in that field.
C. Unordered Goods. A person who sends unordered goods, printed materials, or pamphlets to prospective contributors or purchasers may not request the return of these items or refer to the unordered items in an attempt to induce the prospective contributor or purchaser to make a contribution.
D. Duplicate Tickets. A person selling seats in connection with a charitable solicitation may not sell duplicate tickets for the same seat.
E. A person may not, in connection with the solicitation of contributions, make any false or misleading oral or written statement or other representation which has the capacity, tendency, or effect of deceiving or misleading the person solicited.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.04 - Charitable Organizations: Substantive Regulations › Section 01.02.04.20 - Professional Solicitors' and Fund-Raising Counsel's Contracts

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary of State shall make a determination that a contract between a professional solicitor or fund-raising counsel and a charitable organization does or does not comply with Maryland law within 30 days of the filing of the contract with the Secretary of State. Upon notification that a contract does not comply with the Maryland law, a new contract or contract addendum addressing the provisions not in compliance shall be executed and filed with the Secretary of State.
B. An application to register as a professional solicitor or fund-raising counsel shall be accompanied by a sample copy of the contract into which the professional solicitor or fund-raising counsel intends to enter with charitable organizations. The sample copy shall be completed to the extent necessary to disclose compensation and otherwise comply with Maryland law.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.04 - Charitable Organizations: Substantive Regulations › Section 01.02.04.20-1 - Charitable Organizations Affiliated with State Agencies

Current through Register Vol. 51, No. 14, July 12, 2024
A. A charitable organization affiliated with a State agency that is required to register with the Secretary of State as a charitable organization shall file with its registration statement and with each annual report an audit prepared in accordance with generally accepted auditing standards if it is required to do so under § 6-402(b)(7)(i) of the Act.
B. The auditor's opinion shall state whether the financial statements present fairly the financial position of the charitable organization affiliated with a State agency and the results of its operations and changes in fund balance for the year then ended, in conformity with generally accepted accounting principles.
C. The auditor shall give an agreed-upon procedures report describing the procedures performed and shall make a finding with respect to each of the following items, stating whether anything came to the attention of the auditor which would cause the auditor to have an adverse opinion as to each item:
(1) Whether the unrestricted resources of the organization were used in accordance with its purposes as stated in its charter, its bylaws, and the actions of its governing board;
(2) Whether restricted gifts or grants have been properly segregated and used in accordance with the restrictions or designations imposed by the donor or grantor;
(3) Whether all restricted funds are reported clearly as such;
(4) Whether the organization is in compliance with agreements between the organization and its affiliated State agency, particularly as they relate to money due the State agency from the private foundation;
(5) Whether the organization's expenditures and activities are in compliance with the Internal Revenue Code, the Maryland Solicitations Act under Business Regulation Article, Title 6, Annotated Code of Maryland, and other federal, State, and local laws governing financial matters;
(6) Whether securities owned by the organization are in existence and adequately accounted for;
(7) Whether purchases and sales of securities were properly authorized;
(8) Whether investment income and gains or losses have been recorded in the appropriate fund;
(9) Whether adequate internal controls are in place to provide reasonable satisfaction that the amounts reported as contributions are not materially misstated;
(10) Whether adequate internal controls are in place to provide reasonable satisfaction that expenditures are properly classified; and
(11) Whether grants by the organization have been authorized by the governing board and procedures have been established to ascertain whether the grants made have been expended for their intended purposes.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.04 - Charitable Organizations: Substantive Regulations › Section 01.02.04.21 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A person who violates these regulations is subject to the penalties contained in Business Regulation Article, §
									6-619, Annotated Code of Maryland.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.05 - Access to Public Records › Section 01.02.05.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations set out the procedures for the filing of requests with the Secretary of State for the inspection and copying of records under State Government Article, §§
									10-611 -10-628, Annotated Code of Maryland. It is the policy of the Secretary to facilitate public access to the records of the office when this access is allowed by law by minimizing costs and time delays to persons requesting information.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.05 - Access to Public Records › Section 01.02.05.02 - 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) "Act" means the provisions of State Government Article, §§
										10-611 -10-628, Annotated Code of Maryland.
(2) "Applicant" means a person or governmental unit that asks to inspect a public record.
(3) "Office" means the Office of the Secretary of State.
(4) "Office custodian", or "custodian", means the Secretary of State or the Secretary's designee who has physical custody and control of a public record.
(5) "Official custodian" means the Secretary of State.
(6) Public Record.
(a) "Public record" means the original or any copy of any documentary material that:
(i) Is made by a unit or instrumentality of the State government or of a political subdivision or received by the unit or instrumentality in connection with the transaction of public business; and
(ii) Is in any form, including a card, computerized record, correspondence, drawing, film or microfilm, form, map, photograph or photostat, recording, or tape.
(b) "Public record" includes a document that lists the salary of an employee of a unit or instrumentality of the State government or of a political subdivision.
(7) "Secretary" means the Secretary of State of Maryland.
(8) "Working day" means every day except Saturdays, Sundays, and holidays, between the hours of 9 a.m. and 5 p.m.
(9) "Written documents" means all books, papers, maps, photographs, cards, tapes, recordings, computerized records, or other documentary materials, regardless of physical form or characteristics.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.05 - Access to Public Records › Section 01.02.05.03 - Who May Request

Current through Register Vol. 51, No. 14, July 12, 2024
A person or governmental unit may request to inspect or copy any public record that is in the custody and control of the Office.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.05 - Access to Public Records › Section 01.02.05.04 - Necessity for Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
The custodian shall make public records available for inspection by an applicant without demanding a written request. However, a written request shall be required when the custodian reasonably believes that the Act or any other law may prevent the disclosure of the record to the applicant or when the custodian believes that a written request will materially assist the Office in responding to the request. An applicant furnished a copy of any record may be required to provide the Office with a receipt for materials provided.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.05 - Access to Public Records › Section 01.02.05.05 - Contents of Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A written request shall contain the applicant's name and address, be signed and dated by the applicant, and shall reasonably identify by brief description the record sought.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.05 - Access to Public Records › Section 01.02.05.06 - Filing the Request

Current through Register Vol. 51, No. 14, July 12, 2024
A written request for a record in the custody and control of the Office shall be addressed to the custodian of the record. If the custodian of the record is unknown to the applicant, the request may be addressed to the Secretary.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.05 - Access to Public Records › Section 01.02.05.07 - Response to Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 10 working days of the receipt of the written request, the Office custodian shall respond to the written request for a record. This time period period may be extended for a period not to exceed an additional 20 working days if the custodian notifies the applicant in writing that the additional time is needed to respond to the request.
B. If the custodian denies the person access to a requested record or any portion of it, the custodian shall provide the applicant, within 10 working days of the denial, with a written statement of the grounds for the denial, which shall cite the statute or regulation under which access is denied, and remedies available for review of the denial under the Act or this chapter.
C. Any reasonably severable portion of a record shall be provided to the applicant after deletion of those portions which may be withheld from disclosure.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.05 - Access to Public Records › Section 01.02.05.08 - Notification of Persons Who May Be Affected by Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
Unless prohibited by law, the Office custodian may notify any person who could be adversely affected by disclosure of a record to the applicant, that a request for inspection or copying of a record has been made. The custodian may consider the views of this person before deciding whether to disclose the record to the applicant.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.05 - Access to Public Records › Section 01.02.05.09 - Records Not in the Custody and Control of the Person Receiving the Request

Current through Register Vol. 51, No. 14, July 12, 2024
If a requested public record is not in the custody or control of the person to whom written application is made, the person shall notify the applicant of this fact within 10 working days of the receipt of the request, and if known, the custodian of the record and the location of the record.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.05 - Access to Public Records › Section 01.02.05.10 - Records Temporarily Unavailable

Current through Register Vol. 51, No. 14, July 12, 2024
If the public record requested is in the custody and control of the person to whom written application is made, but is not immediately available for inspection or copying, the custodian shall notify the applicant of this fact within 10 working days of the receipt of the request and shall set a date and hour within a reasonable time at which date and time the custodian shall make the record available to the applicant for inspection or copying.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.05 - Access to Public Records › Section 01.02.05.11 - Records Destroyed or Lost

Current through Register Vol. 51, No. 14, July 12, 2024
If the requested record has been destroyed or lost, the custodian to whom the application is made shall notify the applicant of this fact within 10 working days of the request and shall explain in the response the reasons or circumstances which led to the custodian's inability to produce the record.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.05 - Access to Public Records › Section 01.02.05.12 - Review of the Denial

Current through Register Vol. 51, No. 14, July 12, 2024
If the written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may file an action for judicial enforcement under State Government Article, §10-623, Annotated Code of Maryland.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.05 - Access to Public Records › Section 01.02.05.13 - Disclosure Against Public Interest

Current through Register Vol. 51, No. 14, July 12, 2024
If, in the opinion of the official custodian, disclosure of any public record which is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the official custodian may temporarily deny the request in writing. In these cases, the official custodian shall apply within 10 working days of the denial to the appropriate circuit court for an order permitting him to continue to deny or restrict the disclosure. Notice of the application filed with the circuit court shall be served upon the applicant by the Office custodian in the same manner provided for service of process by the Maryland Rules of Procedure.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.05 - Access to Public Records › Section 01.02.05.14 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Fee Schedule.
(1) The charge for each copy is 30 cents per page. However, when records are not susceptible to photocopying (for example, punch cards, magnetic tapes, blueprints, and microfilm), the charge for reproducing the record will be determined on a case-by-case basis at actual cost.
(2) Charges may also be made for all postage and other mailing costs.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.05 - Access to Public Records › Section 01.02.05.16 - Place of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
The place of inspection shall be the place where the document is located unless the custodian determines that another place of inspection is more suitable and convenient after taking into account the applicant's expressed wish.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.06 - Condominiums and Cooperatives: Income Eligibility › Section 01.02.06.01 - Income Eligibility Figures Applicable to Condominium Conversions in Maryland

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to the provisions of the Real Property Article, §
									11-137, Annotated Code of Maryland, and Corporations and Associations Article, § 5-6 B-07, income eligibility figures have been prepared to assist in the determination of "designated households" within the meaning of these sections.
B. A county or incorporated municipality which is located within a Standard Metropolitan Statistical Area (SMSA) may, by ordinance or resolution, adopt the income eligibility figure applicable to the county or to the SMSA.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.06 - Condominiums and Cooperatives: Income Eligibility › Section 01.02.06.02 - Table of Median Income Figures

Current through Register Vol. 51, No. 14, July 12, 2024
The income eligibility figures which appear below represent 80 percent of the median household income for each county and metropolitan statistical area (MSA) in the State.
Income Eligibility for 2007
Median Household Income of the County
Income Eligibility Figure (80% of the County Median Income)
Median Household Income of the Region
Income Eligibility Figure (80% of the Region)
BALTIMORE REGION
Anne Arundel
$79,950
$63,960
$66,050
$52,840
Baltimore City
$37,850
$30,280
$66,050
$52,840
Baltimore County
$63,150
$50,520
$66,050
$52,840
Carroll County
$75,050
$60,040
$66,050
$52,840
Harford County
$74,600
$59,680
$66,050
$52,840
Howard County
$93,050
$74,440
$66,050
$52,840
WASHINGTON SUBURBAN REGION
Frederick County
$80,650
$64,520
$82,500
$66,000
Montgomery County
$87,500
$70,000
$82,500
$66,000
Prince George's County
$70,250
$56,200
$82,500
$66,000
SOUTHERN MARYLAND REGION
Calvert County
$87,400
$69,920
$77,050
$61,640
Charles County
$78,450
$62,760
$77,050
$61,640
St. Mary's County
$63,200
$50,560
$77,050
$61,640
WESTERN MARYLAND REGION
Allegany County
$38,400
$30,720
$48,000
$38,400
Garrett County
$40,850
$32,680
$48,000
$38,400
Washington County
$51,650
$41,320
$48,000
$38,400
UPPER EASTERN SHORE REGION
Caroline County
$47,200
$37,760
$61,800
$49,440
Cecil County
$62,100
$49,680
$61,800
$49,440
Kent County
$49,750
$39,800
$61,800
$49,440
Queen Anne's County
$73,800
$59,040
$61,800
$49,440
Talbot County
$54,350
$43,480
$61,800
$49,440
LOWER EASTERN SHORE REGION
Dorchester County
$42,500
$34,000
$48,700
$38,960
Somerset County
$35,250
$28,200
$48,700
$38,960
Wicomico County
$47,350
$37,880
$48,700
$38,960
Worcester County
$53,100
$42,480
$48,700
$38,960