reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.06 - Condominiums and Cooperatives: Income Eligibility › Section 01.02.06.03 - Table of Uncapped Low Income Limits as Adjusted for Family Size

Current through Register Vol. 51, No. 14, July 12, 2024
The uncapped low income limits as adjusted for family size calculated by the U.S. Department of Housing and Urban Development for assisted housing programs appear below. Since the U.S. Department of Housing and Urban Development only adopts uncapped low income limits as adjusted for family size for the Washington, D.C. area, only the Maryland counties included in the Washington, D.C. area can adopt the figures.
HUD Family size adjustments
Uncapped FY 2005 Low Income Limits
FMR AREA
State
FY 2005 Median
Family Income
FY 2005 Four - Person
Low - Income
1- Person
2- Persons
3- Persons
4- Persons
5- Persons
6- Persons
7- Persons
8- Persons
Washington
D.C.
$89,300
$58,000
$50,000
$57,200
$64,300
$71,400
$77,200
$82,900
$88,600
$94,300
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.07 - Raffles of Real Property › Section 01.02.07.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following words have the meanings indicated.
B. Terms Defined.
(1) "Bona fide charitable organization" or "charitable organization" means a nonprofit organization that:
(a) Is established for benevolent, charitable, educational, eleemosynary, humane, patriotic, philanthropic, or religious purposes; and
(b) To the extent required by Business Regulation Article, Title 6, Annotated Code of Maryland, is currently registered with the Secretary of State or is exempt from registration.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.07 - Raffles of Real Property › Section 01.02.07.02 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Only a bona fide charitable organization may conduct a raffle of real property under authority of Criminal Law Article, §
									12-106, Annotated Code of Maryland.
B. A charitable organization may not sell, advertise for sale, or offer for sale in this State any chance for a raffle of real property except in accordance with this chapter.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.07 - Raffles of Real Property › Section 01.02.07.03 - Required Permits and Filings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before a charitable organization may advertise or conduct a raffle or real property in this State, the charitable organization shall:
(1) Obtain any applicable license or permit to conduct a raffle from the political subdivision of this State in which the real property to be raffled is located;
(2) At least 10 business days before the charitable organization advertises the raffle or sells any chance, file a disclosure statement with the Secretary of State on the form provided by the Secretary of State for that purpose; and
(3) Before the submission of a disclosure statement for any raffle in a calendar year, satisfy the requirements of this chapter for all prior raffles in the calendar year.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.07 - Raffles of Real Property › Section 01.02.07.04 - Requisite Title to Property

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before a charitable organization may advertise or conduct a raffle of real property in this State, the charitable organization shall own at least equitable title to the real property to be raffled.
B. If the charitable organization has obtained or will obtain equitable or other title to the real property pursuant to a conditional sales agreement, an option, or any similar arrangement that is in any way dependent or conditioned on the actual holding of or the outcome of the raffle, the purchase price to be paid by the charitable organization for the real property may not exceed the current fair market value of the property, as evidenced by a bona fide independent appraisal of the property made within 90 days preceding the date on which the drawing is to be held.
C. The amount of the purchase price paid or to be paid by the charitable organization for the real property may not be conditioned on the amount of the proceeds received or to be received by the charitable organization from the sale of chances.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.07 - Raffles of Real Property › Section 01.02.07.05 - Receipts and Notices

Current through Register Vol. 51, No. 14, July 12, 2024
A. A charitable organization conducting a raffle of real property may not sell any chance unless, at the time of sale, the purchaser is given a written receipt for each chance bought, in the form of a ticket that contains:
(1) The name and Maryland address of the organization that is conducting the raffle;
(2) The address of the real property to be raffled and a brief description of that property;
(3) The date and time the organization will select the winner of the raffle, and the location of the drawing;
(4) The amount of consideration paid for the chance;
(5) A notice to the purchaser that a complete disclosure statement regarding the raffle is available, on request and at no cost, from the charitable organization;
(6) A notice that the winner is responsible for any liens, encumbrances, closing costs, and applicable taxes unless otherwise provided in the disclosure statement; and
(7) If needed, a notice that, if the raffle is cancelled, a percentage of the price of a chance may be retained by the charitable organization for administrative costs.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.07 - Raffles of Real Property › Section 01.02.07.06 - Delivery of Prize

Current through Register Vol. 51, No. 14, July 12, 2024
Within 90 days of the selection of the winner of the raffle, legal title to the real property raffled shall be transferred to the winner, as evidenced by a recording of the transfer in the land records of the political subdivision in which the real property is located.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.07 - Raffles of Real Property › Section 01.02.07.07 - Accounting of Income and Expenditures

Current through Register Vol. 51, No. 14, July 12, 2024
Within 90 days after the selection of the raffle winner, the charitable organization shall file with the Secretary of State an accounting of all income and expenditures associated with the raffle on forms provided by the Secretary of State for that purpose.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.07 - Raffles of Real Property › Section 01.02.07.08 - Contracting for the Conduct of Raffles

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a charitable organization undertaking a raffle of real property agrees to compensate any other person for assistance in conducting the raffle, the charitable organization shall file a copy of that agreement, which shall be in writing, with the Secretary of State within 10 days of its execution.
B. Any party to that agreement, other than the charitable organization, shall register with the Secretary of State as a "professional solicitor", pursuant to the provisions of Business Regulation Article, Title 6, Annotated Code of Maryland, and conform with all applicable provisions of those sections.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.07 - Raffles of Real Property › Section 01.02.07.09 - Use of Proceeds

Current through Register Vol. 51, No. 14, July 12, 2024
Except as otherwise expressly authorized in these regulations:
A. All proceeds from a raffle of real property shall be received by the charitable organization conducting the raffle and, after payment of the reasonable costs and expenses related to the raffle, may only be used by the charitable organization in furtherance of its charitable purposes; and
B. No other person or group of persons may benefit financially from, receive, or be paid any of the proceeds from the raffle.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.07 - Raffles of Real Property › Section 01.02.07.10 - Canceled Raffles-Refunds

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §B of this regulation, the charitable organization shall reimburse each purchaser of a chance with the full purchase price paid by that purchaser if the charitable organization cancels the raffle after chances have been sold and before the winner is selected.
B. If proper notice is given as provided in Regulation .05A of this chapter, the charitable organization may retain up to 1 percent of the price of a chance to cover administrative costs.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.08 - Notary Public: General Regulations › Section 01.02.08.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following words have the meanings indicated.
B. Terms Defined.
(1) Acknowledgment means a declaration by an individual before a notarial officer that:
(a) The individual has signed a record for the purpose stated in the record; and
(b) If the record is signed in a representative capacity, the individual signed the record with proper authority, and signed it as the act of the individual or entity identified in the record.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.08 - Notary Public: General Regulations › Section 01.02.08.02 - Charges and Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. A notary public may demand and receive a fee of no more than the following for the performance of an original notarial act:
(1) $8 for the performance of a notarial act; or
(2) $30 for the performance of a remote notarial act.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.08 - Notary Public: General Regulations › Section 01.02.08.03 - Processing Fee

Current through Register Vol. 51, No. 14, July 12, 2024
Each application for an original or renewal appointment as a notary public shall be accompanied by a processing fee of $25 payable to the Secretary of State.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.08 - Notary Public: General Regulations › Section 01.02.08.04 - Qualifications of Remote Online Notary Venders

Current through Register Vol. 51, No. 14, July 12, 2024
A. To qualify as an authorized remote online notary vendor by the Secretary of State, the vendor shall meet the following criteria:
(1) The vendor shall be incorporated to do business in the United States of America;
(2) The vendor shall be a company based in the United States of America that has been lawfully operating in the United States of America for at least 3 years;
(3) All encryption and decryption services provided by the remote online notary vendor shall occur in the United States of America; and
(4) The vendor shall utilize commercially reasonable practices, procedures, and technology consistent with or better than the practices, procedures, and technology generally used by other vendors engaged in offering remote notarization services.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.08 - Notary Public: General Regulations › Section 01.02.08.05 - Responsibilities of a Remote Online Notary Vendor

Current through Register Vol. 51, No. 14, July 12, 2024
A. A remote online notary vendor shall receive written authorization from the Secretary of State before allowing its technology to be used by Maryland notaries public.
B. A remote online notary vendor shall apply to the Secretary of State for authorization using the form prescribed for this purpose by the Secretary of State.
C. Before a remote online notary vendor may provide services to a Maryland notary public, the vendor shall:
(1) Provide training to the Maryland notary public on how to use the remote online notary vendor's technology; and
(2) Check with the Office of the Secretary of State or the Office's website to confirm that a notary public is in good standing:
(a) At the time the notary subscribes to its service; and
(b) Annually thereafter, for the duration of the notary's subscription to its service.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.08 - Notary Public: General Regulations › Section 01.02.08.06 - Revocation of Remote Online Notary Vendor Authorization

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary of State may revoke authorization of a remote online notary vendor if the Secretary of State determines that the technologies used by the remote online notary vendor do not meet the requirements of applicable law or regulations. Prior to revoking authorization, the Secretary of State or a designee may speak to the vendor informally to determine if the vendor meets the qualifications for authorization set forth in Regulation .04 of this chapter and responsibilities set forth in Regulation .05 of this chapter.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.08 - Notary Public: General Regulations › Section 01.02.08.07 - Obligations of Notaries Public Who Perform Remote Notarial Acts

Current through Register Vol. 51, No. 14, July 12, 2024
A. To perform remote notarial acts, a Maryland notary public shall be a currently commissioned Maryland notary public in good standing and shall:
(1) Notify the Office of the Secretary of State in writing of their intent to perform remote notarial acts using a form prescribed by the Office of the Secretary of State for this purpose before they may perform remote notarial acts;
(2) If the notary public intends to perform remote notarial acts using a remote online notary vendor:
(a) Identify the authorized remote online notary vendor or vendors they intend to use to perform such remote notarial acts;
(b) Notify the Office of the Secretary of State in writing within 10 business days after making a change to a new remote online notary vendor, if the notary public changes vendors; and
(c) If the notary public reasonably believes a remote online notary vendor previously selected does not allow the notary public to meet requirements set forth in State Government Article, Title 18, Subtitle 2, Annotated Code of Maryland, and any applicable regulations, the notary public shall promptly notify the Office of the Secretary of State in writing.
(3) If the notary public intends to perform remote notarial acts without identifying remotely located individuals through identity proofing and credential analysis the notary public shall submit a form used by the Office of the Secretary of State for this purpose and acknowledge that the notary public must have personal knowledge under State Government Article, §
										18-206(a), Annotated Code of Maryland of the identity of the remotely located individual or have satisfactory evidence of the identity of the remotely located individual by verification on oath or affirmation from a credible witness appearing before and identified by the notary public under State Government Article, §
										18-206(b), Annotated Code of Maryland or as a remotely located individual under this section.
(4) Use technology that can make an audio-visual record of the entire physical location of the notarial act and all persons physically present for the remote notarial act;
(5) Require all persons physically present with the remotely located individual for the remote notarial act to identify themselves and their role in the transaction;
(6) Charge no more than the allowed fee for a notarial act under State Government Article, §
										18-214, Annotated Code of Maryland, as set forth in Regulation .02F of this chapter; and
(7) Create and retain an audio-visual recording of each performance of a remote notarial act for a minimum of 10 years.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.08 - Notary Public: General Regulations › Section 01.02.08.08 - Responsibilities of Notaries Public

Current through Register Vol. 51, No. 14, July 12, 2024
A. The notary is responsible for reading and understanding State Government Article, Title 18, Annotated Code of Maryland, as well as regulations, handbooks, and other public guidance issued by the Secretary of State relating to responsibilities of notaries public and performance of notarial acts.
B. Notaries public are public officers and it is their legal responsibility to perform notarial acts in compliance with the notary law and regulations.
C. When a notary public uses an identification credential under State Government Article, §
									18-206(b)  or  18-214(a)(1)(ii)  -(iii), Annotated Code of Maryland, to identify a remotely located individual or an individual in the notary public's physical presence for the performance of a notarial act, the notary public shall document in the notary's journal the identification number associated
with the identification credential as confirmation that the individual signing a record was correctly identified.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.08 - Notary Public: General Regulations › Section 01.02.08.09 - Change in Name, Address, or Email Information

Current through Register Vol. 51, No. 14, July 12, 2024
Notaries public are required to notify the Office of the Secretary of State within 30 days if, at any time during their commission, a notary public changes their:
A. Name;
B. Home address;
C. Home phone number;
D. Cell phone number, if one was provided at the time of application;
E. Personal electronic mail (email) address;
F. Business phone number;
G. Business address, if one was provided at the time of application;
H. Business electronic mail (email) address, if one was provided at the time of application; or
I. County of residence.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.08 - Notary Public: General Regulations › Section 01.02.08.10 - Electronic Mail Communications

Current through Register Vol. 51, No. 14, July 12, 2024
Effective January 1, 2021, and except for correspondence relating to enforcement actions, the Office of the Secretary of State will send all communications to notaries public using electronic mail only. Each notary public is responsible for ensuring the Office of the Secretary of State has a current and active personal email address.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.08 - Notary Public: General Regulations › Section 01.02.08.11 - Enforcement Actions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Due to a lawful delegation of authority from the Governor pursuant to State Government Article, §
									18-104(b)(1), Annotated Code of Maryland, the Secretary of State, effective January 21, 2015, and the Assistant Secretary of State, effective September 2, 2015, may take an enforcement action under State Government Article, §
									18-104(a), Annotated Code of Maryland, to deny, refuse to renew, revoke, suspend, or impose conditions on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public.
B. Acts or omissions found in State Government Article, §
									18-104(a)(1)(i)  -(vii), Annotated Code of Maryland, govern when the Secretary of State or Assistant Secretary of State may take an enforcement action against a notary public.
C. Acts or omissions that may constitute a failure to discharge any duty required of a notary public, whether imposed by any federal or State law or regulation adopted by the Secretary of State, include but are not limited to:
(1) Failure to adequately identify a signer under the standards set forth in State Government Article, §
										18-206(a)  or (b), Annotated Code of Maryland;
(2) Failure to properly execute a certificate of a notarial act in accordance with State Government Article, §
										18-215, Annotated Code of Maryland;
(3) Charging a fee for notarial services higher than allowable by Regulation .02 of this chapter;
(4) Failure to maintain an accurate record of notarial acts in a journal as required by State Government Article, §
										18-219, Annotated Code of Maryland; and
(5) Performing a remote notarial act before notifying the Secretary of State as required by Regulation .07A(1)-(3) of this chapter and State Government Article, §
										18-214(e), Annotated Code of Maryland.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.08 - Notary Public: General Regulations › Section 01.02.08.12 - Publication of Commission Status

Current through Register Vol. 51, No. 14, July 12, 2024
The Office of the Secretary of State may choose to publish information relating to the status of the commission of a notary public or former notary public, including the date of commencement and expiration of any suspension, nonrenewal, or revocation of the commission. Disclosure of information under this regulation is deemed compliant with General Provisions Article, §
									4-332(b)(4), Annotated Code of Maryland.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.08 - Notary Public: General Regulations › Section 01.02.08.13 - Application for Authorization to Provide Notary Public Course of Study and Examination

Current through Register Vol. 51, No. 14, July 12, 2024
Each application shall include the following:
A. Completed application form for Authorization to Provide Notary Public Course of Study and Examination;
B. Course material;
C. Instructions for completing the course of study and examination;
D. Draft examination questions; and
E. Any other documentation requested by the Office of the Secretary of State.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.08 - Notary Public: General Regulations › Section 01.02.08.14 - Qualifications of Notary Public Course of Study and Examination Provider

Current through Register Vol. 51, No. 14, July 12, 2024
To qualify as an authorized notary public course of study and examination provider by the Secretary of State, the provider shall meet the following criteria:
A. Possess at least 3 years demonstrated experience and knowledge in the development and administration of a course of study and examination;
B. Demonstrate experience and knowledge interacting with learners subject to the laws, regulations, rules, or ethics required of a governmental entity; and
C. Demonstrate proficiency with the Maryland Notary Law, regulations, ethics, policies and procedures, as well as the Handbook for Maryland Notaries Public sufficient to respond to questions from participants.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.08 - Notary Public: General Regulations › Section 01.02.08.15 - Responsibilities of an Authorized Notary Public Course of Study and Examination Provider

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provider shall design and offer a course of study and examination that meets the standards set forth in Regulation .16 of this chapter, and that is accessible by all Maryland notary public applicants and renewal applicants.
B. The provider shall create a bank of test questions within 45 days after being authorized by the Secretary of State to offer the course of study and examination.
C. The provider shall offer a virtual or in-person course of study. For purposes of this subsection, "virtual" includes a synchronous and asynchronous online course of study.
D. For every applicant who completes the course of study, the provider shall give each applicant a Certificate of Completion at the end of the course of study.
E. The provider shall give a Certificate of Passing to each applicant who scored at least 80 percent or better on the examination. For applicants who score below 80 percent, the provider shall provide an opportunity for the qualified applicants to retest. An applicant is considered qualified to retest if they completed the course of study but failed to score at least 80 percent on the examination.
F. Upon request by the Secretary of State's Office, authorized providers shall deliver the following information needed to verify who has completed a course of study and passed the examination:
(1) A list of Maryland notaries public and applicants who have completed a course of study and examination including the date or dates of the course and examination or examinations, as well as methods used to identify the notary public or applicant;
(2) The provider shall transmit applicant data in a timeframe as established by the Secretary of State's Office using a secure and mutually agreeable format; and
(3) The provider shall ensure that all course and examination data is accurate and valid prior to its secure, electronic transmission to the Secretary of State's Office.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.08 - Notary Public: General Regulations › Section 01.02.08.16 - Course of Study and Examination Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A. The course of study shall include the Maryland Notary Public laws, regulations, ethics, procedures, and the Handbook for Maryland Notaries Public. Every topic shall be fully covered so each participant can comply with the aforementioned requirements.
B. The design of the examination shall offer each applicant a mix of questions of comparable difficulty to every other applicant and sourced from each of the sections in the Handbook for Maryland Notaries Public covering the laws, regulations, ethics, and procedures.
C. Instructions for the course and examination shall be comprehensive in scope and explain the requirements of education, how to apply for examinations, when examinations are given, the cost of the course of study and examination, and requirements for passing the examination. Instructions must notify the applicant how to access the current Handbook for Maryland Notaries Public.
D. Each question on the examination must be relevant to the requirements of the Maryland notary public laws, regulations, ethics, procedures, and/or Handbook for Maryland Notaries Public.
E. The provider shall have a robust bank of at least 50 different test questions so that repeat applicants do not receive a statistically sufficient number of previously attempted test questions.
F. The examination shall contain at least 20 questions that are clearly stated in a multiple-choice format, and each applicant must correctly answer at least 80 percent of the questions in order to be issued a Certificate of Passing under Regulation .15E of this chapter.
G. Each question on the examination shall contain 4 multiple-choice answers with only one correct answer.
H. If the provider provides applicants with an electronic examination format, providers shall provide applicants with a secure operating system capable of administering electronic examinations.
I. The testing system shall provide immediate scoring which notifies the applicant of passing or failure at the conclusion of the examination session.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.08 - Notary Public: General Regulations › Section 01.02.08.17 - Revocation of Notary Public Course of Study and Examination Provider Authorization

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary of State may revoke authorization of a notary public course of study and examination provider if the Secretary of State determines that the provider of the course of study and/or examination failed to comply with the qualifications, responsibilities, and standards set forth in Regulations .14-.16 of this chapter. Prior to revoking authorization, the Secretary of State or a designee may speak to the provider of the course of study and examination informally to determine if the provider meets the qualifications, responsibilities, and standards set forth in Regulations .14-.16 of this chapter.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.09 - Time-Share and Condominium Registration › Section 01.02.09.01 - Time-Share Registration

Current through Register Vol. 51, No. 14, July 12, 2024
After giving the registrant 15 days written notice, and an opportunity to have a hearing before the Secretary of State, the Secretary may:
A. Suspend or terminate approval of a time-share public offering statement; or
B. Suspend or terminate the approval order for a time-share public offering statement.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.09 - Time-Share and Condominium Registration › Section 01.02.09.02 - Condominium Registration

Current through Register Vol. 51, No. 14, July 12, 2024
After giving the registrant 15 days written notice, and an opportunity to have a hearing before the Secretary of State, the Secretary may:
A. Suspend or terminate approval of a condominium public offering statement; or
B. Suspend or terminate the approval order for a condominium public offering statement.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.11 - Maryland Safe at Home Address Confidentiality Program › Section 01.02.11.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purpose of the Maryland Safe at Home Address Confidentiality Program is to:
(1) Allow a survivor of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking to have a State or local government agency and private entities use a substitute address in place of an actual address;
(2) Enable State and local agencies to respond to requests for public records without disclosing the location of a survivor of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking;
(3) Enable interagency cooperation in providing address confidentiality for survivors of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking; and
(4) Enable a Program participant to use an address designated by the Secretary as a substitute address.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.11 - Maryland Safe at Home Address Confidentiality Program › Section 01.02.11.02 - 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) "Application assistant" means an employee or volunteer:
(a) Of a federal, State, or local agency, or of a nongovernmental program, that provides counseling, referral, shelter, or other services to survivors of domestic violence, sexual assault, stalking, or human trafficking; and
(b) Who has been designated by the respective agency or program, and trained and registered by the Secretary, to assist individuals in completion of the Program application.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.11 - Maryland Safe at Home Address Confidentiality Program › Section 01.02.11.03 - Who May Apply

Current through Register Vol. 51, No. 14, July 12, 2024
Beginning October 1, 2006, an individual may apply to participate in the Program. To be designated as a participant in the Program, the individual shall:
A. Satisfy the requirements of State Government Article, §
									7-304, Annotated Code of Maryland;
B. Be a present or future resident of Maryland;
C. Complete and sign the following, as provided by the Secretary:
(1) Application form; and
(2) Checklist of understanding.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.11 - Maryland Safe at Home Address Confidentiality Program › Section 01.02.11.04 - Motor Vehicle Administration

Current through Register Vol. 51, No. 14, July 12, 2024
To request that the Motor Vehicle Administration use the substitute address, a participant shall schedule an appointment with the Motor Vehicle Administration's Customer Service Ombudsman or other designated contact for participants.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.11 - Maryland Safe at Home Address Confidentiality Program › Section 01.02.11.05 - Application Assistants

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before being approved as an application assistant, an individual shall:
(1) Be recommended by a federal, State, or local governmental agency or a domestic violence, sexual assault, stalking, or human trafficking prevention or assistance program, or certify that the individual is a religious, medical, or other professional actively providing services to survivors of domestic violence, sexual assault, stalking, harassment, or human trafficking;
(2) Complete the training provided by the Secretary;
(3) Agree to comply with the statutes and regulations governing the Program; and
(4) Complete and sign the application assistant agreement form.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.11 - Maryland Safe at Home Address Confidentiality Program › Section 01.02.11.06 - Documentation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The application of a survivor of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking shall be supported by documentation under State Government Article, §
									7-304(b)(2), Annotated Code of Maryland, and facilitated by an application assistant registered with the Secretary.
B. If the application is being facilitated by an individual not registered as an application assistant with the Secretary, the Secretary shall contact the individual to register the individual as an application assistant.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.11 - Maryland Safe at Home Address Confidentiality Program › Section 01.02.11.07 - Authorization Card

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 10 working days of receipt of a completed and signed application, the Secretary shall approve or deny the applicant as a participant.
B. If an application is approved, an authorization card shall be issued within 5 working days after the application is approved. The Secretary shall issue an authorization card to each survivor or household member named on the application form. The authorization card shall include:
(1) The participant 's name;
(2) The authorization number;
(3) The substitute mailing address;
(4) The participant's signature;
(5) The expiration date;
(6) The phone number of the Program; and
(7) A list of the Program requirements for the purposes of a notification under State Government Article, §
										7-311(c)(1), Annotated Code of Maryland.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.11 - Maryland Safe at Home Address Confidentiality Program › Section 01.02.11.08 - Renewal of Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. A participant may renew Program participation by filing with the Secretary the following:
(1) A copy of the participant's current authorization card or a statement that the card was lost or destroyed; and
(2) A completed renewal form provided by the Secretary, which shall require all of the information described in Regulation .03 of this chapter.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.11 - Maryland Safe at Home Address Confidentiality Program › Section 01.02.11.09 - Change of Name, Address, or Telephone Number

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notification of a change of name shall:
(1) Be on a form provided by the Secretary;
(2) Include a copy of the participant's authorization card; and
(3) Be accompanied by sufficient evidence of the change.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.11 - Maryland Safe at Home Address Confidentiality Program › Section 01.02.11.10 - Withdrawal from Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. Withdrawal from the Program is governed by State Government Article, §
									7-304(c)(2), Annotated Code of Maryland. The participant shall make the request on a form provided by the Secretary.
B. On receipt of a request for withdrawal from the Program, the Secretary may investigate whether the withdrawal is coerced by attempting to contact the participant or the domestic violence program that assisted the participant, or both.
C. A participant shall advise the Secretary and the participant's application assistant as soon as possible on suspicion or knowledge that the actual address is known to the abuser or readily accessible to the general public.
D. On receipt of information from the participant or any other person that the actual address is known to the abuser or readily accessible to the general public, the Secretary may investigate by contacting the participant or the application assistant that assisted the participant, or both.
E. A participant is encouraged to submit a request for withdrawal from the Program if:
(1) The participant is no longer eligible for Program participation; or
(2) The Secretary determines that a participant's actual address is readily accessible to the general public and the participant does not intend to relocate within 30 days to an address unknown to the abuser and not readily accessible to the general public.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.11 - Maryland Safe at Home Address Confidentiality Program › Section 01.02.11.11 - Cancellation from Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provisions of State Government Article, §§
									7-305 and  7-307, Annotated Code of Maryland, govern when the Secretary may cancel the participation of a participant.
B. Under State Government Article, §§
									7-307(a)(4), Annotated Code of Maryland, if the Secretary forwards mail to a participant and it is returned three times in succession as undeliverable, then the Secretary shall cancel the participant from the Program.
C. Under State Government Article, §§
									7-307(a)(5), Annotated Code of Maryland, if the Secretary determines that the actual address of a participant is readily accessible to the general public, the Secretary shall notify the participant of the determination and intent to cancel participation. The participant may remain in the Program if they intend to relocate within 30 days to an address unknown to the abuser and not readily accessible to the general public.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.11 - Maryland Safe at Home Address Confidentiality Program › Section 01.02.11.12 - Appeal of Cancellation

Current through Register Vol. 51, No. 14, July 12, 2024
If the Secretary cancels participation of a participant under, State Government Article, §§
									7-305 or  7-307, Annotated Code of Maryland, the participant may appeal the decision by completing and filing an appeal form provided by the Secretary. The form shall require that the participant explain the circumstances that caused the violation of State Government Article, §§
									7-305 or  7-307, Annotated Code of Maryland. The Secretary may speak to the participant informally to determine whether the participant understands and will comply with the Program requirements. A participant may request an informal hearing before the Secretary within 30 days of the cancellation.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.11 - Maryland Safe at Home Address Confidentiality Program › Section 01.02.11.13 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
A. A State or local agency may request a waiver under State Government Article, §
									7-308(d), Annotated Code of Maryland, from the requirements of the Program for specific individual participants.
B. The waiver request shall be in writing on a form provided by the Secretary and contain:
(1) Identification of the statutory, regulatory, or administrative requirements that demonstrate the agency's bona fide purpose for the use of the actual address of a participant;
(2) Identification of the specific participant for which the waiver is requested;
(3) Identification of the individuals and agencies that will have access to the record;
(4) The name and telephone number of an individual to contact regarding the request; and
(5) An explanation of how the agency's acceptance of a substitute address will prevent the agency from meeting its obligations under the statute or regulation listed in §B(1) of this regulation.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.11 - Maryland Safe at Home Address Confidentiality Program › Section 01.02.11.14 - Board of Elections

Current through Register Vol. 51, No. 14, July 12, 2024
Under State Government Article, §
									7-309, Annotated Code of Maryland, a participant's residential address must be used for voter registration purposes. The local board may not disclose a participant's address except as described in State Government Article, §
									7-309, Annotated Code of Maryland. A participant may request a local board of elections or the State Board of Elections to keep the address confidential under COMAR 33.04.02.02C. o register to vote as a participant, the participant shall contact the State Board directly to identify as a participant. The State Board shall verify Program participation and voting precinct with the Secretary.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.11 - Maryland Safe at Home Address Confidentiality Program › Section 01.02.11.15 - Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary may not disclose any records regarding a participant without a court order.
B. The Secretary may verify the participation of a participant and may provide the substitute address in accordance with State Government Article, §
									7-310(b)(2)  and (c), Annotated Code of Maryland, or at the request of the participant.
C. The Secretary shall provide immediate notification to the participant of any disclosure of the participant's actual address.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.11 - Maryland Safe at Home Address Confidentiality Program › Section 01.02.11.16 - Service of Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Under State Government Article, §
									7-312(b), Annotated Code of Maryland, service of process on a participant, by a person or an agency that has received notice that the individual is a participant, shall be made:
(1) In person on the participant; or
(2) By mail on the Secretary.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.11 - Maryland Safe at Home Address Confidentiality Program › Section 01.02.11.17 - State Income Tax

Current through Register Vol. 51, No. 14, July 12, 2024
If a participant uses the substitute address when filing a State income tax return, the participant shall disclose the actual Maryland county and actual city, town, or taxing area.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.11 - Maryland Safe at Home Address Confidentiality Program › Section 01.02.11.18 - Obligation on Receipt of Notice of Program Participation

Current through Register Vol. 51, No. 14, July 12, 2024
A. An agency or person who receives notification of Program participation in accordance with State Government Article, §
									7-311(c)(1), Annotated Code of Maryland, shall adhere to the requirements under Regulation .07 of this chapter.
B. Written notification acceptable as a form to put an agency or a person on notice under State Government Article, §
									7-311(c)(1), Annotated Code of Maryland, includes any one of the following as long as they state the requirements of the Program and that the individual is a participant:
(1) Notice of ACP Participation;
(2) Current and valid authorization card;
(3) A copy of the welcome letter issued to the participant on designation as a participant; or
(4) Written communication from the Secretary identifying an individual as a participant.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.11 - Maryland Safe at Home Address Confidentiality Program › Section 01.02.11.19 - Procedure to Request Shielding of Real Property Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. To request the shielding of real property records, a participant shall notify the Secretary of initial consideration to purchase property before applying for financing or initiating the transaction, or, if the property was acquired without financing, immediately after acquiring an ownership interest in the real property.
B. On request for shielding, the Secretary shall provide the following forms to the participant:
(1) Notice of ACP Participation in accordance with State Government Article, §
										7-311(c)(1), Annotated Code of Maryland; and
(2) Real Property ACP Notice required under Real Property Article, §
										3-115(b)(2), Annotated Code of Maryland.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.11 - Maryland Safe at Home Address Confidentiality Program › Section 01.02.11.20 - Obligation on Receipt of Real Property ACP Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. On receipt of a Real Property ACP Notice:
(1) State and local agencies shall follow the established procedure in accordance with Real Property Article, §§
										3-115 and  3-117, Annotated Code of Maryland; and
(2) A clerk of the circuit court shall provide a copy of any Real Property ACP Notice received under Real Property Article, §
										3-115, Annotated Code of Maryland, to both the:
(a) State Department of Assessments and Taxation; and
(b) Maryland State Archives.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.11 - Maryland Safe at Home Address Confidentiality Program › Section 01.02.11.21 - Termination of Shielding on Program Cancellation

Current through Register Vol. 51, No. 14, July 12, 2024
If an individual who has requested the shielding of property records in accordance with Real Property Article, §
									3-115, Annotated Code of Maryland, ceases to be a participant;
A. The Secretary shall give written notice to the clerk of the appropriate circuit court and the Maryland State Archives within 30 days after the individual ceases to participate in the Program; and
B. The clerk of the circuit court and the Maryland State Archives shall cease shielding all real property records relating to the property identified in the Real Property ACP Notice.