Md. Code, State Government, Title 10

Md. Code, State Government, Title 10
in effect

Md. Code, State Government § 10-13A-01

(a) In this subtitle the following words have the meanings indicated. (b) (1) “Breach of the security of a system” means the unauthorized acquisition of personally identifiable information maintained by a public institution of higher education that creates a reasonable risk of harm to the individual whose personally identifiable information was subject to unauthorized acquisition. (2) “Breach of the security of a system” does not include: (i) the good faith acquisition of personally identifiable information by an employee or agent of a public institution of higher education for the purposes of the public institution of higher education, provided that the personally identifiable information is not used or subject to further unauthorized disclosure; or (ii) personally identifiable information that was secured by encryption or redacted and for which the encryption key has not been compromised or disclosed. (c) “Encryption” means the protection of data in electronic or optical form, in storage or in transit, using a technology that: (1) is certified to meet or exceed the level that has been adopted by the Federal Information Processing Standards issued by the National Institute of Standards and Technology; and (2) renders such data indecipherable without an associated cryptographic key necessary to enable decryption of such data. (d) “Individual” means a natural person. (e) “Legitimate basis” means a public institution of higher education has a contractual need, public interest purpose, business purpose, or legal obligation for processing or that the individual has consented to the processing of the individual’s personally identifiable information by the public institution of higher education. (f) (1) “Personally identifiable information” means any information that, taken alone or in combination with other information, enables the identification of an individual, including: (i) a full name; (ii) a Social Security number; (iii) a driver’s license number, state identification card number, or other individual identification number; (iv) a passport number; (v) biometric information including an individual’s physiological, biological, or behavioral characteristics, including an individual’s deoxyribonucleic acid (DNA), that can be used, singly or in combination with each other or with other identifying data, to establish individual identity; (vi) geolocation data; (vii) Internet or other electronic network activity information, including browsing history, search history, and information regarding an individual’s interaction with an Internet website, application, or advertisement; and (viii) a financial or other account number, a credit card number, or a debit card number that, in combination with any required security code, access code, or password, would permit access to an individual’s account. (2) “Personally identifiable information” does not include data rendered anonymous through the use of techniques, including obfuscation, delegation and redaction, and encryption, so that the individual is no longer identifiable. (g) “Processing” means any operation or set of operations that is performed on personally identifiable information or on a set of personally identifiable information, whether or not by automated means, including collection, recording, organization, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction. (h) “Public institution of higher education” means: (1) the constituent institutions of the University System of Maryland and the University of Maryland Center for Environmental Science; (2) Morgan State University; (3) St. Mary’s College of Maryland; and (4) a community college established under Title 16 of the Education Article. (i) “Reasonable security procedures and practices” means security protections that align with the current standard of care within similar commercial environments and with applicable State and federal laws. (j) “Records” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (k) “System” means an electronic or other physical medium maintained or administered by a public institution of higher education and used on a procedural basis to store information in the ordinary course of the business of the public institution of higher education.

Md. Code, State Government § 10-13A-02

(a) This subtitle does not apply to personally identifiable information that: (1) is publicly available information that is lawfully made available to the general public from federal, State, or local government records; (2) an individual has consented to have publicly disseminated or listed; (3) except for a medical record that a person is prohibited from redisclosing under § 4–302(d) of the Health – General Article, is disclosed in accordance with the federal Health Insurance Portability and Accountability Act; (4) is disclosed in accordance with the federal Family Educational Rights and Privacy Act; (5) is clinical information; or (6) is information related to sponsored research. (b) Compliance with this subtitle does not authorize a public institution of higher education to fail to comply with any other requirements of State or federal law relating to the protection and privacy of personally identifiable information.

Md. Code, State Government § 10-13A-03

(a) Each public institution of higher education shall review and designate systems within the public institution of higher education as systems of record based on the following criteria: (1) the risk posed to individuals by the personally identifiable information processed and stored on the systems; (2) the relationship of the systems to the overall function of the public institution of higher education; and (3) the technical and financial feasibility of implementing privacy controls and services within the system. (b) Each public institution of higher education shall develop and adopt a privacy governance program to govern each system of record that: (1) identifies and documents the purpose of the public institution of higher education in processing personally identifiable information; (2) prohibits the disclosure of personally identifiable information to third parties, other than those third parties processing personally identifiable information on behalf of the public institution of higher education, unless: (i) the individual consents to disclosure of the information; or (ii) the public institution of higher education determines that disclosure of the information is in the best interest of the public institution of higher education; (3) requires all agreements entered into with third parties on or after October 1, 2024, to include language requiring the third party to support the privacy governance program of the public institution of higher education; (4) ensures that a third party processing personally identifiable information on behalf of the public institution of higher education acts in accordance with the privacy governance program of the public institution of higher education; (5) takes reasonable steps to ensure that personally identifiable information processed by the public institution of higher education is accurate, relevant, timely, and complete; (6) takes reasonable steps to ensure that requests to access, modify, or delete information and requests to opt out of the sharing of information with third parties are made by the subject of the personally identifiable information or the subject’s agent; (7) takes reasonable steps to limit the personally identifiable information collected to that information necessary to address the purpose of the collection; (8) implements a process to provide individuals with access to the personally identifiable information relating to the individual held and processed by the public institution of higher education; (9) provides individuals with a process to request a correction to personally identifiable information relating to the individual; (10) in the case of a disagreement between the public institution of higher education and an individual over the accuracy of personally identifiable information relating to the individual, provides a means for the individual to document the disagreement and produce the documentation of the disagreement whenever the disputed information is produced; (11) provides a process for individuals to request the deletion of personally identifiable information relating to the individual that the public institution of higher education does not have a legitimate basis to process; (12) provides a process for individuals to opt out of sharing personally identifiable information relating to the individual with third parties, if the public institution of higher education would not have a legitimate basis to process the information; and (13) provides a process for the public institution of higher education to consider requests made under this subsection that allows the public institution of higher education to deny a request if the public institution of higher education reasonably concludes it has a legitimate basis for processing the personally identifiable information or if the request is not technically or financially feasible. (c) Each public institution of higher education shall develop and adopt an information security and risk management program for the protection of personally identifiable information that shall: (1) implement reasonable security procedures and practices, compatible with applicable federal and State standards and guidelines, to ensure that the risk to the confidentiality, integrity, and availability of all personally identifiable information is properly managed; (2) be periodically assessed by a third party assessor with expertise in information security; (3) be approved by an appropriate senior official of the public institution of higher education with authority to accept risk for the public institution of higher education; (4) require that contracts with third parties include provisions to ensure that third parties that process personally identifiable information on behalf of the public institution of higher education maintain appropriate security controls commensurate with the risk posed to the individuals by the personally identifiable information; and (5) ensure that any breaches by the public institution of higher education or a third party acting on behalf of the public institution of higher education are properly documented, investigated, and reported to appropriate authorities within the public institution of higher education. (d) (1) Each public institution of higher education shall publish a privacy notice on the website of the public institution of higher education that is: (i) written in plain language; and (ii) directly accessible from the homepage and any of the webpages of the public institution of higher education that are used to collect personally identifiable information. (2) The notice published under paragraph (1) of this subsection shall include: (i) the types of personally identifiable information collected by the public institution of higher education; (ii) the purpose of the collection, use, and sharing of personally identifiable information by the public institution of higher education; and (iii) the processes by which an individual may request: 1. to have personally identifiable information related to the individual corrected; 2. to have personally identifiable information related to the individual deleted; 3. information on the sharing of personally identifiable information by the public institution of higher education with third parties, including a listing of the third parties, a listing of the information shared, and the purpose of sharing the information; and 4. to opt out of the sharing of personally identifiable information with a third party. (3) Each public institution of higher education shall ensure access controls are in place to address any security risks posed by providing the notice required under this subsection. (e) When a public institution of higher education is destroying records of an individual that contain personally identifiable information of the individual, the public institution of higher education shall take reasonable steps to protect against unauthorized access to or use of the personally identifiable information, taking into account: (1) the sensitivity of the records; (2) the nature of the public institution of higher education and its operations; (3) the costs and benefits of different destruction methods; and (4) available technology. (f) Each public institution of higher education shall develop and adopt a policy establishing an appropriate remedy for individuals whose personally identifiable information has been affected by a breach.

Md. Code, State Government § 10-13A-04

(a) If a public institution of higher education collects personally identifiable information of an individual and discovers or is notified of a breach of the security of a system, the public institution of higher education shall conduct in good faith a reasonable and prompt investigation to determine whether the unauthorized acquisition of personally identifiable information of the individual has occurred. (b) (1) If, after the investigation is concluded, the public institution of higher education determines that a breach of the security of the system has occurred, the public institution of higher education or a third party, if authorized under a written contract or agreement with the public institution of higher education, shall: (i) notify the individual of the breach; and (ii) notify the Chief Information Officer of the public institution of higher education of the breach. (2) A notification required under paragraph (1) of this subsection shall include, to the extent possible, a description of the categories of personally identifiable information that were, or are reasonably believed to have been, acquired by an unauthorized person, including which of the elements of personally identifiable information were, or are reasonably believed to have been, acquired. (3) If the public institution of higher education determines that a breach of the security of the system has occurred involving the personally identifiable information of 1,000 or more individuals, the public institution of higher education shall post a notice on the same webpage as the privacy notice website of the public institution of higher education: (i) describing the breach; and (ii) that remains publicly available on the website for at least 1 year from the date on which notice was sent to individuals affected by the breach.

Md. Code, State Government § 10-101

(a) In this subtitle the following words have the meanings indicated. (b) “Administrator” means the Administrator of the Division of State Documents. (c) “Committee” means the Joint Committee on Administrative, Executive, and Legislative Review. (d) “Local government unit” means: (1) a county; (2) a municipal corporation; (3) a special district that is established by State law and that operates within a single county; (4) a special district that is established by a county pursuant to public general law; or (5) an office, board, or department that is established in each county under State law and that is funded, pursuant to State law, at least in part by the county governing body. (e) “Mandate” means a directive in a regulation that requires a local government unit to perform a task or assume a responsibility that has a discernible fiscal impact on the local government unit. (f) “Register” means the Maryland Register. (g) (1) “Regulation” means a statement or an amendment or repeal of a statement that: (i) has general application; (ii) has future effect; (iii) is adopted by a unit to: 1. detail or carry out a law that the unit administers; 2. govern organization of the unit; 3. govern the procedure of the unit; or 4. govern practice before the unit; and (iv) is in any form, including: 1. a guideline; 2. a rule; 3. a standard; 4. a statement of interpretation; or 5. a statement of policy. (2) “Regulation” does not include: (i) a statement that: 1. concerns only internal management of the unit; and 2. does not affect directly the rights of the public or the procedures available to the public; (ii) a response of the unit to a petition for adoption of a regulation, under § 10–123 of this subtitle; or (iii) a declaratory ruling of the unit as to a regulation, order, or statute, under Subtitle 3 of this title. (3) “Regulation”, as used in §§ 10–110 and 10–111.1 of this subtitle, means all or any portion of a regulation. (h) “Small business” has the meaning stated in § 2–1505.2 of this article. (i) “Substantively” means in a manner substantially affecting the rights, duties, or obligations of: (1) a member of a regulated group or profession; or (2) a member of the public. (j) “Unit” means an officer or unit authorized by law to adopt regulations.

Md. Code, State Government § 10-102

(a) Except as otherwise expressly provided by law, this subtitle applies to: (1) each unit in the Executive Branch of the State government; and (2) each unit that: (i) is created by public general law; and (ii) operates in at least 2 counties. (b) This subtitle does not apply to: (1) a unit in the Legislative Branch of the State government; (2) a unit in the Judicial Branch of the State government; (3) a board of license commissioners; (4) the Rural Maryland Council; or (5) the Military Department.

Md. Code, State Government § 10-107

(a) “Unit counsel” means the unit counsel for the Commission on Civil Rights, the Public Service Commission, and the State Ethics Commission. (b) Unless a proposed regulation is submitted to the Attorney General or to the unit counsel for approval as to legality, the regulation: (1) may not be adopted under any statutory authority; and (2) if adopted, is not effective.

Md. Code, State Government § 10-108

In the preparation of a regulation, a unit shall use the term “African American” instead of “Black”, “Negro”, “Afro-American”, or similar terms.

Md. Code, State Government § 10-110

(a) Except for subsection (c) of this section, this section does not apply to a regulation adopted under § 10–111(b) of this subtitle. (b) At least 15 days before the date a proposed regulation is submitted to the Maryland Register for publication under § 10–112 of this subtitle, the promulgating unit shall submit to the State Children’s Environmental Health and Protection Advisory Council established under § 13–1503 of the Health – General Article for review any proposed regulations identified by the promulgating unit as having an impact on environmental hazards affecting the health of children. (c) (1) (i) At least 15 days before the date a proposed regulation is submitted to the Maryland Register for publication under § 10–112 of this subtitle, and in accordance with § 10–111.2(c) of this subtitle, the promulgating unit shall submit the proposed regulation to the Committee, the Department of Legislative Services, and the Administrator. (ii) If a unit wants to alter the text of a proposed regulation after it has been submitted to the Committee and the Department of Legislative Services in accordance with subparagraph (i) of this paragraph and before the proposed regulation is published in the Maryland Register, so that any part of the text as submitted for publication differs substantively from the text previously submitted to the Committee and the Department of Legislative Services, the unit shall: 1. notify the Committee, the Department of Legislative Services, and the Administrator of the change; 2. withdraw the proposed regulation; and 3. resubmit the proposed regulation with the altered text to the Committee, the Department of Legislative Services, and the Administrator at least 15 days prior to publication in the Register. (iii) 1. If a unit wants to make a nonsubstantive change to the text of a proposed regulation after it has been submitted to the Committee and the Department of Legislative Services in accordance with subparagraph (i) of this paragraph and before the proposed regulation is published in the Maryland Register, the unit shall: A. notify the Committee, the Department of Legislative Services, the Office of the General Assembly Counsel, and the Administrator of the change; and B. include with the notice a certificate from the unit that the change is nonsubstantive, including a description of the nature of each change and the basis for the conclusion. 2. Notwithstanding subsubparagraph 1 of this subparagraph, if the Office of the General Assembly Counsel determines that a change to a proposed regulation under subsubparagraph 1 of this subparagraph is not a nonsubstantive change, the unit shall withdraw and resubmit the proposed regulation in accordance with subparagraph (ii) of this paragraph. (2) (i) If the proposed regulation, either in whole or in part, submitted to the Committee and the Department of Legislative Services in accordance with paragraph (1) of this subsection includes an increase or decrease in a fee for a license to practice any business activity, business or health occupation, or business or health profession licensed or otherwise regulated under State law, the promulgating unit shall include clearly written explanatory reasons that justify the increase or decrease in the fee. (ii) If a regulation submitted under subparagraph (i) of this paragraph proposes an increase in a fee for a license, the written justification also shall include information about: 1. the amount of money needed by the promulgating unit to operate effectively or to eliminate an imbalance between the revenues and expenditures of the unit; 2. the most recent year in which the promulgating unit had last increased its fees; 3. the structure of the promulgating unit as to whether it is one that retains the license fees it receives or passes them through to a national organization or association that creates and administers a uniform licensing examination that is taken by anyone in the United States who is seeking a license to practice a particular occupation or profession or business activity issued by the promulgating unit; 4. measures taken by the promulgating unit to avoid or mitigate the necessity of a fee increase and the results of those measures; 5. special circumstances about the activities and responsibilities of the promulgating unit, including investigations of individuals licensed by the unit, that have had an adverse impact on the unit’s operating expenses; 6. consideration given by the promulgating unit to the hardship a license fee increase may have on individuals and trainees licensed or regulated by the unit; and 7. actions taken by the promulgating unit to elicit the opinions of the individuals who are licensed by the promulgating unit and the members of the public as to the effectiveness and performance of the promulgating unit. (3) If the promulgating unit estimates that the proposed regulation will have a significant small business impact, the unit shall: (i) establish an electronic registry that allows any small business or other interested party to register to receive an electronic notification when the proposed regulation or the scope of the proposed regulation is posted on the unit’s website in accordance with item (ii) of this paragraph; (ii) post the proposed regulation or the scope of the proposed regulation on the unit’s website at least 15 days before the date the proposed regulation is submitted to the Committee and the Department of Legislative Services in accordance with this section and provide an opportunity for comments on the unit’s proposal; (iii) on posting a proposed regulation or the scope of the proposed regulation on the unit’s website in accordance with item (ii) of this paragraph, notify the parties registered in the electronic registry established under item (i) of this paragraph that the proposed regulation or the scope of the proposed regulation has been posted; and (iv) prepare a compliance guide written in clear, plain English to assist small businesses in complying with the proposed regulation, update the guide as needed until the regulation is final, and post the guide on the unit’s website. (d) (1) The Committee is not required to take any action with respect to a proposed regulation submitted to it pursuant to subsection (c) of this section. (2) Failure by the Committee to approve or disapprove the proposed regulation during the period of preliminary review provided by subsection (c) of this section may not be construed to mean that the Committee approves or disapproves the proposed regulation. (3) During the preliminary review period, the Committee may take any action relating to the proposed regulation that the Committee is authorized to take under §§ 10–111.1 and 10–112 of this subtitle. (e) Prior to the date specified in subsection (c) of this section, the promulgating unit is encouraged to submit the proposed regulation to the Committee and to consult with the Committee concerning the form and content of that regulation.

Md. Code, State Government § 10-111

(a) (1) Except as provided in subsection (b) of this section, a unit may not adopt a proposed regulation until: (i) after submission of the proposed regulation to the Committee for preliminary review under § 10–110 of this subtitle; and (ii) at least 45 days after its first publication in the Register. (2) (i) If the Committee determines that an appropriate review cannot reasonably be conducted within 45 days and that an additional period of review is required, it may delay the adoption of the regulation by so notifying the promulgating unit and the Division of State Documents, in writing, prior to the expiration of the 45–day period. (ii) If notice is provided to the promulgating unit pursuant to subparagraph (i) of this paragraph, the promulgating unit may not adopt the regulation until it notifies the Committee, in writing by U.S. mail and e–mail, of its intention to adopt the regulation and provides the Committee with a further period of review of the regulation that terminates not earlier than the later of the following: 1. the 60th day following the notice provided by the promulgating unit under this subparagraph; or 2. the 105th day following the initial publication of the regulation in the Register. (iii) Notice given under subparagraph (ii) of this paragraph to the Committee of a unit’s intention to adopt a regulation shall be published in the Register within 30 days after receipt of the notice by the Committee. (3) The promulgating unit shall permit public comment for at least 30 days of the 45–day period under paragraph (1)(ii) of this subsection. (b) (1) The unit may adopt a proposed regulation immediately if the unit: (i) declares that the emergency adoption is necessary; (ii) submits the proposed regulation to the Committee and the Department of Legislative Services, together with the fiscal impact statement required under subsection (c) of this section; and (iii) has the approval of the Committee for the emergency adoption. (2) (i) Subject to subparagraphs (ii), (iii), and (iv) of this paragraph, the approval of the Committee may be given: 1. by a majority of its members who are present and voting at a public hearing or meeting of the Committee; or 2. if staff of the Committee tries but is unable to contact a majority of the members of the Committee in a timely manner and immediate adoption is necessary to protect the public health or safety, by its presiding Chairman or, if its presiding Chairman is unavailable, by its cochair. (ii) If a member of the Committee requests a public hearing on the emergency adoption of a regulation, the Committee shall hold a public hearing. (iii) 1. If a public hearing is held on the emergency adoption of a regulation, the Committee may not approve the emergency adoption except by a majority vote of the members present and voting at the hearing or at a meeting of the Committee subsequent to the hearing. 2. If a vote on the emergency regulation is not taken at the public hearing or immediately thereafter, the Committee members shall be provided at least 1 week’s notice of the scheduling of any subsequent meeting to vote on the regulation. (iv) Unless the Governor declares that immediate adoption is necessary to protect the public health or safety, the Committee may not approve the emergency adoption of a regulation earlier than 10 business days after receipt of the regulation by the Committee and the Department of Legislative Services. (3) If there is no request for a public hearing, the staff of the Committee may poll, in person, by telephone, or in writing: (i) the members of the Committee; or (ii) if staff of the Committee tries but is unable to contact a majority of the members of the Committee in a timely manner and immediate adoption is necessary to protect the public health or safety, the presiding Chairman or the cochair. (4) (i) The Committee may impose, as part of its approval, any condition. (ii) The Committee shall impose, as part of its approval, a time limit not to exceed 180 days on each request for emergency status. (iii) If the unit does not adopt the regulation finally before the time limit expires, the status of the regulation reverts to its status before the emergency adoption. (5) The Committee may rescind its approval by a majority of its members present and voting at a public hearing or meeting of the Committee. (c) (1) The fiscal impact statement, prepared by the unit and submitted under subsection (b) of this section, shall state: (i) an estimate of the impact of the emergency regulation on the revenues and expenditures of the State; (ii) whether the State budget for the fiscal year in which the regulation will become effective contains an appropriation of the funds necessary for the implementation of the emergency regulation; (iii) if an appropriation is not contained in the State budget, the source of the funds necessary for the implementation of the emergency regulation; and (iv) whether the emergency regulation imposes a mandate on a local government unit. (2) If the emergency regulation imposes a mandate on a local government unit, the fiscal impact statement shall: (i) indicate whether the regulation is required to comply with a federal statutory or regulatory mandate; (ii) if the information may be practicably obtained given the emergency circumstances of the regulations, include an estimate of the impact of the emergency regulation on the revenues and expenditures of local government units; and (iii) if applicable, and if the required data is available, include the estimated effect on local property tax rates.

Md. Code, State Government § 10-111.1

§10–111.1. (a) (1) Prior to the expiration of any period of review granted to or reserved by the Committee pursuant to § 10-111(a) of this subtitle, the Committee, by a majority vote, may oppose the adoption of any proposed regulation. (2) Unless waived by both of the presiding officers, at least 2 weeks prior to acting pursuant to subsection (a)(1) of this section with respect to any proposed regulation, the Committee shall notify the presiding officers who shall notify the appropriate standing committees that the special procedure established by this section may be exercised. (b) In its review of a proposed regulation pursuant to this section, the factors the Committee shall consider shall include whether the regulation: (1) is in conformity with the statutory authority of the promulgating unit; and (2) reasonably complies with the legislative intent of the statute under which the regulation was promulgated. (c) (1) Within 5 working days after the Committee votes to oppose the adoption of a proposed regulation, it shall provide written notice to the Governor and the promulgating unit of its action. (2) Upon receipt of such notice, and with written notice to the Committee and as otherwise required by law, the promulgating unit may: (i) withdraw the regulation; (ii) modify the regulation, but only in accordance with § 10-113 of this subtitle; or (iii) submit the regulation to the Governor with a statement of the justification for the unit’s refusal to withdraw or modify the regulation. (3) Following the receipt of notice under paragraph (2)(iii) above, the Governor may consult with the Committee and the unit in an effort to resolve the conflict. After written notice has been provided to the presiding officers and to the Committee, the Governor may: (i) instruct the unit to withdraw the regulation; (ii) instruct the unit to modify the regulation, but only in accordance with § 10-113 of this subtitle; or (iii) approve the adoption of the regulation. (d) A proposed regulation opposed by the Committee pursuant to this section may not be adopted, and is not effective unless approved, by the Governor pursuant to subsection (c)(3) of this section.

Md. Code, State Government § 10-111.2

§10–111.2. (a) (1) The website of the General Assembly shall include a list of all emergency regulations the Committee has received but has not approved. (2) For each regulation, the list shall include: (i) the date the Committee received the regulation; (ii) whether a member of the Committee has requested a public hearing; (iii) the date of any public hearing scheduled; (iv) the date and a summary of any action the Committee has taken; and (v) the name and telephone number of a member of the Committee’s staff who can provide further information. (3) A regulation shall be added to the list within 3 business days after receipt of the regulation by the Committee and the Department of Legislative Services. (b) (1) The Department of Legislative Services shall maintain a list of members of the public who have requested to receive notice when the Department of Legislative Services receives proposed regulations for which the promulgating unit has requested emergency adoption. (2) A member of the public who requests notice under this subsection shall specify: (i) whether the individual wants to receive notice by United States mail or electronic mail; and (ii) which agencies’ regulations the individual wants to receive notice of receipt. (3) Within 2 business days of receipt of a proposed regulation, the Department of Legislative Services shall provide notice to members of the public who have requested notice, as specified in paragraph (2) of this subsection. (4) The Department of Legislative Services: (i) may impose a reasonable fee for sending notice under this subsection by United States mail; and (ii) may not impose a fee for sending notice under this subsection by electronic mail. (5) Upon request, a promulgating unit shall provide copies of emergency regulations to members of the public. (c) (1) The Department of Legislative Services shall adopt procedures for the required submission of proposed and emergency regulations, work plans, and evaluation reports to the Committee by a unit. (2) (i) Each unit shall follow the procedures adopted by the Department of Legislative Services under this subsection. (ii) A unit submitting a proposed regulation to the Committee shall include the text of the proposed regulation and the notice of proposed adoption that is required to be submitted to the Administrator under § 10–112(a)(2) of this subtitle. (3) (i) The Administrator shall consult with the Department of Legislative Services to ensure that notice of the receipt of proposed and emergency regulations by the Administrator under this title is transmitted to and received by the Committee and the Department of Legislative Services in a timely manner. (ii) When the Administrator transmits a proposed or emergency regulation to the Committee and the Department of Legislative Services, the Administrator shall also provide receipt of the transmittal to the unit that originally submitted the regulation to the Division. (4) (i) Submission of a regulation, a work plan, or an evaluation report to the Committee under this subsection does not satisfy any requirement under this subtitle for a unit to submit a regulation, a work plan, or an evaluation report to the Administrator for publication in the Register. (ii) Any requirement under this subtitle for a unit to submit a regulation to the Committee may not be satisfied by submitting the regulation to the Division.

Md. Code, State Government § 10-112

(a) (1) This subsection does not apply to the emergency adoption of a regulation. (2) To have a proposed regulation published in the Register, a unit shall submit to the Administrator: (i) the proposed regulation; and (ii) a notice of the proposed adoption. (3) The notice under this subsection shall: (i) state the estimated economic impact of the proposed regulation on: 1. the revenues and expenditures of units of the State government and of local government units; and 2. groups such as consumer, industry, taxpayer, or trade groups; (ii) include a statement of purpose; (iii) satisfy the requirements of § 2–1505.2 of this article; (iv) comply with § 7–113(c) of the Human Services Article; and (v) give persons an opportunity to comment before adoption of the proposed regulation, by: 1. setting a date, time, and place for a public hearing at which oral or written views and information may be submitted; or 2. giving a telephone number that a person may call to comment and an address to which a person may send comments. (4) (i) The estimated economic impact statement required under paragraph (3)(i) of this subsection shall state whether the proposed regulation imposes a mandate on a local government unit. (ii) If the proposed regulation imposes a mandate, the fiscal impact statement shall: 1. indicate whether the regulation is required to comply with a federal statutory or regulatory mandate; and 2. include, in addition to the estimate under paragraph (3)(i)1 of this subsection, the estimated effect on local property tax rates, if applicable, and if the required data is available. (b) As soon as the Committee approves emergency adoption of a regulation, the Committee shall submit the regulation to the Administrator. (c) If a regulation under this section amends or repeals an adopted regulation, the text of the regulation under this section shall show the changes with the symbols that the Administrator requires.

Md. Code, State Government § 10-112.1

§10–112.1. (a) Whenever a unit publishes a proposed regulation in the Register in accordance with § 10–112 of this subtitle, the unit shall publish the text of the proposed regulation on the unit’s website not later than 3 business days after the date that the proposed regulation is published in the Register. (b) Whenever a unit submits a regulation to the Committee for approval as an emergency adoption in accordance with § 10–111(b) of this subtitle, the unit shall publish the text of the regulation on the unit’s website not later than 3 business days after the date that the regulation is submitted to the Committee for approval of emergency adoption. (c) To comply with the publication requirement of this section, a unit shall: (1) publish the text of the regulation on the unit’s home page on its website; or (2) provide a link on the unit’s home page to the text of the regulation if the text of the regulation is available elsewhere on the unit’s website. (d) The failure of a unit to publish the text of a regulation in a timely manner under this section may not invalidate or otherwise affect the adoption of the regulation.

Md. Code, State Government § 10-113

(a) In this section, “unit counsel” has the meaning stated in § 10–107 of this subtitle. (b) If a unit wishes to change the text of a proposed regulation so that any part of the text differs substantively from the text previously published in the Register, the unit may not adopt the proposed regulation unless it is proposed anew and adopted in accordance with the requirements of §§ 10–111 and 10–112 of this subtitle. (c) If the regulation is proposed anew, the changes in the text shall be shown with the symbols that the Administrator requires. (d) (1) The Administrator shall refuse to publish the notice of adoption of a regulation that differs from the text previously published unless the notice is accompanied by a certification from the Attorney General or the unit counsel that the provisions of subsections (b) and (c) of this section are not applicable. (2) The certification shall: (i) be prepared in the form and according to guidelines specified by the Administrator; (ii) contain a description of the nature of each change and the basis for the conclusion; and (iii) be published in the Register as part of the notice of adoption.

Md. Code, State Government § 10-114

(a) After adopting a regulation, a unit shall submit to the Administrator a notice of adoption, for publication in the Register. (b) If the text of the adopted regulation is the same or substantially similar to the proposed regulation, the notice shall: (1) state that the texts are the same or substantially similar; (2) cite the date of the Register in which the proposed regulation was published; and (3) show each change in the text with the symbols that the Administrator requires.

Md. Code, State Government § 10-115

(a) A unit may not reset or reprint a regulation in the Code of Maryland Regulations, the permanent supplements to the Code of Maryland Regulations, or the Register without the written permission of the Committee. (b) Before reprinting a regulation under this section, a unit shall submit the proposed text of the regulation to the Division of State Documents for comparison with the official text.

Md. Code, State Government § 10-116

(a) A unit: (1) may withdraw a proposed regulation at any time before its adoption; but (2) may not adopt the proposed regulation unless it is proposed anew and adopted in accordance with the requirements of §§ 10-111 and 10-112 of this subtitle. (b) (1) The failure to adopt a proposed regulation within 1 year after its last publication in the Register constitutes withdrawal under this section. (2) The Administrator shall publish in the Register notice of a withdrawal of a proposed regulation under this subsection.

Md. Code, State Government § 10-117

(a) (1) Except as otherwise provided in subsection (b) of this section or in other law, the effective date of a regulation is: (i) the 10th calendar day after notice of adoption is published in the Register; or (ii) a later date that the notice sets. (2) For calculation of the effective date under this subsection: (i) § 1–302 of the General Provisions Article does not apply; (ii) the issue date of the Register in which the notice is published is not counted; and (iii) each other calendar day, including Saturdays, Sundays, and legal holidays, is counted. (b) The effective date of a regulation after its emergency adoption is the date that the Committee sets.

Md. Code, State Government § 10-118

The Committee may exercise a power granted under this subtitle over an emergency or proposed regulation or a specific, distinct, and severable provision of an emergency or proposed regulation.

Md. Code, State Government § 10-120

(a) This Part IV of this subtitle does not apply to: (1) the Governor; (2) the State Department of Assessments and Taxation; (3) the Board of Appeals of the Maryland Department of Labor; (4) the Insurance Administration; (5) the Maryland Parole Commission of the Department of Public Safety and Correctional Services; (6) the Public Service Commission; (7) the Maryland Tax Court; or (8) the State Workers’ Compensation Commission. (b) If the Insurance Commissioner states in writing that, as to a particular matter, the Maryland Automobile Insurance Fund need not comply with this Part IV of this subtitle, this Part IV does not apply to the Fund with respect to that matter. (c) This subtitle does apply to the property tax assessment appeals boards.

Md. Code, State Government § 10-121

A political subdivision of the State or an instrumentality of a political subdivision is entitled, to the same extent as other legal entities, to be an interested person, party, or petitioner in a matter under this subtitle, including an appeal.

Md. Code, State Government § 10-122

(a) Each unit shall adopt regulations to govern procedures under this Part IV of this subtitle, including the related forms that the unit requires and the instructions for completing the forms. (b) To help persons deal with the unit, the unit shall supplement, so far as practicable, the regulations under this section with a description of the procedures of the unit.

Md. Code, State Government § 10-123

(a) An interested person may submit to a unit a petition for the adoption of a regulation. (b) Within 60 days after the petition is submitted, the unit shall: (1) in writing, deny the petition and state the reasons for the denial; or (2) initiate the procedures for adoption of the regulation.

Md. Code, State Government § 10-124

(a) In this section, “business” means a trade, professional activity, or other business that is conducted for profit. (b) (1) Before a unit adopts a proposed regulation, the unit shall evaluate whether the proposed regulation has any impact on businesses. (2) To evaluate the impact, the unit shall: (i) on the basis of the sizes of the businesses that the proposed regulation might affect, divide those businesses into any classes that the unit considers appropriate for the proposed regulation; and (ii) particularly consider: 1. the costs that the proposed regulation would impose on each class; and 2. the difficulty of compliance for each class. (c) On the basis of the evaluation, the unit may adopt 1 or more regulations that apply differently to classes of businesses.

Md. Code, State Government § 10-125

(a) (1) A person may file a petition for a declaratory judgment on the validity of any regulation, whether or not the person has asked the unit to consider the validity of the regulation. (2) A petition under this section shall be filed with the circuit court for the county where the petitioner resides or has a principal place of business. (b) A court may determine the validity of any regulation if it appears to the court that the regulation or its threatened application interferes with or impairs or threatens to interfere with or impair a legal right or privilege of the petitioner. (c) The unit that adopted the regulation shall be made a party to the proceeding under this section. (d) Subject to § 10-128 of this subtitle, the court shall declare a provision of a regulation invalid if the court finds that: (1) the provision violates any provision of the United States or Maryland Constitution; (2) the provision exceeds the statutory authority of the unit; or (3) the unit failed to comply with statutory requirements for adoption of the provision.

Md. Code, State Government § 10-128

(a) Unless a regulation expressly states otherwise, its provisions are severable. (b) The finding of a court that a provision of a regulation is invalid invalidates only any other provision of the regulation that the court finds then is so incomplete that it cannot be carried out in accordance with the purpose of the regulation.

Md. Code, State Government § 10-129

(a) This section applies only to a unit in the Executive Branch of the State government. (b) Whenever a court of final appeal declares all or any part of a regulation invalid and unconstitutional: (1) the unit that adopted the regulation shall have notice of that fact published in the Register; and (2) the Administrator shall publish notice of that fact in the permanent supplements or otherwise in the Code of Maryland Regulations.

Md. Code, State Government § 10-130

(a) In this Part VI the following words have the meanings indicated. (b) “Adopting authority” means the individual or entity charged under law with adopting regulations for a unit. (c) “Committee” means the Joint Committee on Administrative, Executive, and Legislative Review. (d) “Evaluation report” means the document prepared by a unit of State government in accordance with this part that results from the unit’s review of its regulations. (e) “Regulation” has the meaning stated in § 10–101(g) of this subtitle and is limited to those regulations in effect at the time any action is required or taken under this part. (f) “Stakeholder” means a person that has an interest in or is impacted by an existing regulation. (g) “Unit” means each unit in the Executive Branch of State government that is authorized by law to adopt regulations. (h) “Work plan” means a unit’s proposal for the evaluation of its regulations.

Md. Code, State Government § 10-131

This part does not apply to a regulation of a bi-county or multicounty commission or authority or to any other entity not a part of the Executive Branch of State government.

Md. Code, State Government § 10-132

The purposes of this part are to: (1) establish a system of executive and legislative evaluation of regulations that will: (i) determine whether the regulations of a unit: 1. continue to be necessary for the public interest; 2. continue to be supported by statutory authority and judicial opinions; and 3. are obsolete or otherwise are appropriate for amendment or repeal; and (ii) assist the Executive Branch in being accountable and responsive to the public interest; and (2) assure that the evaluation takes place in a timely and orderly manner.

Md. Code, State Government § 10-132.1

§10–132.1. (a) (1) Subject to subsection (b) of this section, the adopting authority for each unit shall every 8 years, beginning on or after October 1, 2001, submit to the Governor and to the Committee a schedule of regulations to be reviewed under this part during the following 8 years. (2) (i) To the extent possible and reasonable, an adopting authority shall schedule related regulations to be reviewed concurrently. (ii) Unless good cause exists for publishing a larger group of regulations concurrently, the largest group of regulations that an adopting authority may schedule for review concurrently shall be a subtitle. (b) (1) At the time that a unit’s regulations are scheduled for review under this part, an adopting authority may certify to the Committee and the Governor that the review of a regulation or group of related regulations would not be effective or cost-effective and is exempt from the review process under this subtitle because the regulation or group of related regulations was: (i) adopted to implement a federally mandated or federally approved program; or (ii) initially adopted or comprehensively amended during the preceding 8 years. (2) An adopting authority issuing a certificate of exemption shall provide the Governor and Committee with written justification for the certificate of exemption. (3) If there is more than one adopting authority for a regulation or group of related regulations for which an exemption is to be certified, each adopting authority shall sign the certificate of exemption and written justification required under this subsection. (c) At any time during a review cycle, the Governor or Committee may ask that an adopting authority review a regulation or group of regulations for which a certificate of exemption has been issued, notwithstanding the claim of exemption.

Md. Code, State Government § 10-133

(a) Based on the schedules submitted by the adopting authorities under § 10-132.1 of this subtitle, the Governor shall, by an executive order consistent with this part, provide for the review and evaluation of the regulations of each unit in accordance with this part. (b) The executive order shall provide that a review and evaluation of the regulations of all units be undertaken every 8 years, beginning on July 1, 1995 and is repeated during each 8-year period thereafter. (c) The executive order under subsection (b) of this section shall schedule the evaluations in such a manner that: (1) a deadline is established for each unit to complete its evaluation; and (2) the deadlines of the various units are staggered across the entire 8-year period. (d) (1) The executive order shall provide that, on written request from a unit, the Governor may alter the deadline for that unit. (2) If the Governor approves a request to alter a deadline, the unit shall notify the Committee.

Md. Code, State Government § 10-134

(a) At least 1 year before the commencement of the review and evaluation of its regulations, each unit shall prepare a work plan and submit the work plan to the Governor and, subject to § 2–1257 of this article, the Committee. (b) The work plan shall: (1) include a description of the procedures and methods to be used by the unit, which may include: (i) procedures for inviting public comment, including: 1. the publication of notices in the Maryland Register; 2. the publication of notices in newspapers of general circulation in the State; 3. the posting of a notice on the unit’s website or on a statewide website created for units to post notices of regulations review; 4. the mailing of notices; and 5. the holding of public hearings at various locations around the State; (ii) procedures for ensuring the participation of stakeholders in the review process; (iii) procedures for ensuring the participation in the review process of other units affected by the regulations; and (iv) procedures for gathering and reviewing: 1. recent scientific information related to the regulations being reviewed; 2. similar regulations adopted or repealed by other states or the federal government; and 3. other appropriate information; (2) identify the individual or individuals in the unit who will coordinate the evaluation and communicate with the Committee; and (3) establish the schedule the unit will follow to complete its evaluation report in a timely manner. (c) (1) Within 30 days after receipt of the work plan by the Committee, it shall: (i) advise the unit in writing of any part of the work plan with which it disagrees; (ii) submit to the unit in writing any changes it recommends to the work plan; and (iii) in the event of a disagreement, attempt to meet with the head of the unit. (2) The head of the unit and the Committee shall attempt to resolve any disagreements within 30 days after the Committee acts under this subsection.

Md. Code, State Government § 10-135

(a) (1) Pursuant to the work plan adopted under § 10–134 of this subtitle, each unit shall complete an evaluation report on or before the deadline established by the executive order. (2) Consistent with the requirements of § 10–132(1)(i) of this subtitle, the evaluation report shall contain: (i) a list of any stakeholders invited to review the regulations and a summary of their participation in and input into the review process; (ii) a list of any affected units invited to review the regulations and a summary of their participation in and input into the review process; (iii) a description of the process used to solicit public comment, including: 1. any notice published in the Maryland Register; 2. any notice published in newspapers of general circulation; 3. any notice posted on the unit’s website or on a statewide website created for units to post notices of regulations review; 4. any mailing by the adopting authority; and 5. any public hearing held; (iv) summaries of: 1. all comments received from stakeholders, affected units, or the public; and 2. the adopting authority’s responses to those comments; (v) a description of any interunit conflict reviewed and the resolution or proposed resolution of that conflict; (vi) a summary of any relevant scientific data gathered; (vii) a summary of any relevant information gathered related to the regulations of other states or the federal government; (viii) a summary of any other relevant information gathered; (ix) a summary of any proposed amendments to the unit’s regulations and the reason that the amendments are being proposed; (x) a summary of any proposed repeal of those regulations and the reason that the repeal is being proposed; and (xi) any proposed reorganization of those regulations and the reason that the reorganization is being proposed. (b) (1) On completion of its evaluation report, a unit shall: (i) provide a copy to the Committee which shall immediately provide copies thereof to the standing committees designated by the presiding officers for their review and comment; (ii) provide sufficient copies to the State Library Resource Center for distribution to designated depository libraries in accordance with § 23–303 of the Education Article; and (iii) publish a notice in the Maryland Register that the evaluation report is available for public inspection and comment for 60 days. (2) The unit may hold a public hearing on the evaluation report at the discretion of the head of the unit. (c) (1) The Committee shall review the evaluation report. (2) During the review, the Committee may solicit public comment through written comments or public hearings. (d) (1) During the 60–day review period established under subsection (b)(1) of this section, the Committee may submit to the unit comments on and recommendations for change in the unit’s evaluation report. (2) Within 30 days after the termination of the 60–day review period, the unit shall: (i) notify the Committee of the unit’s agreement or disagreement with the Committee’s recommendations; and (ii) attempt to resolve any disagreements. (3) If the Committee submits no comments or recommendations under this subsection, or if any disagreements have been resolved by the termination of the period provided in paragraph (2) of this subsection, the evaluation report is deemed approved.

Md. Code, State Government § 10-136

(a) (1) If a unit, other than those referred to in § 10–137 of this subtitle, disagrees with a Committee recommendation and the disagreement has not been resolved by the termination of the period provided under § 10–135(d)(2) of this subtitle, the unit, within 30 days thereafter, shall submit the evaluation report to the Governor with an explanation of the disagreement and a statement of justification for the unit’s position. (2) After receipt of the report and accompanying justification and after consulting with the presiding Chairman of the Committee, the Governor shall: (i) approve the evaluation report either as proposed by the unit or with such modifications as the Governor deems appropriate; or (ii) instruct the unit to modify the evaluation report and, under this section, to submit a revised report to the Governor and to the Committee. (b) The unit shall provide the Committee, subject to § 2–1257 of this article, with a copy of an evaluation report approved by the Governor and any other written action taken by the Governor under this section.

Md. Code, State Government § 10-137

(a) This section applies to the Comptroller, the Treasurer, the Attorney General, and the Board of Public Works. (b) Within 30 days of the receipt by one of the units referred to in subsection (a) of this section of a Committee comment or recommendation under § 10–135(d) of this subtitle with which that unit disagrees, the Comptroller, the Treasurer, the Attorney General, or the Board of Public Works, as the case may be, shall, after consultation with the Committee, resolve the disagreement. (c) The unit involved shall promptly notify the Committee of any resolution of a disagreement under this section and provide the Committee with a copy of the approved evaluation report.

Md. Code, State Government § 10-138

(a) Within 120 days after an evaluation report is approved pursuant to § 10-135(d)(3), § 10-136(a)(2)(i), or § 10-137 of this subtitle, the unit shall propose for adoption any amendments to or repeal of its regulations that were summarized in the unit’s evaluation report as approved. (b) The amendments or repeal shall be proposed in the manner provided under Part III of this subtitle.

Md. Code, State Government § 10-201

The purpose of this subtitle is to: (1) ensure the right of all persons to be treated in a fair and unbiased manner in their efforts to resolve disputes in administrative proceedings governed by this subtitle; and (2) promote prompt, effective, and efficient government.

Md. Code, State Government § 10-202

(a) In this subtitle the following words have the meanings indicated. (b) “Agency” means: (1) an officer or unit of the State government authorized by law to adjudicate contested cases; or (2) a unit that: (i) is created by general law; (ii) operates in at least 2 counties; and (iii) is authorized by law to adjudicate contested cases. (c) “Agency head” means: (1) an individual or group of individuals in whom the ultimate legal authority of an agency is vested by any provision of law; or (2) the secretary of the State department that is responsible for State programs that are administered by the Montgomery County Department of Health and Human Services. (d) (1) “Contested case” means a proceeding before an agency to determine: (i) a right, duty, statutory entitlement, or privilege of a person that is required by statute or constitution to be determined only after an opportunity for an agency hearing; or (ii) the grant, denial, renewal, revocation, suspension, or amendment of a license that is required by statute or constitution to be determined only after an opportunity for an agency hearing. (2) “Contested case” does not include a proceeding before an agency involving an agency hearing required only by regulation unless the regulation expressly, or by clear implication, requires the hearing to be held in accordance with this subtitle. (e) “License” means all or any part of permission that: (1) is required by law to be obtained from an agency; (2) is not required only for revenue purposes; and (3) is in any form, including: (i) an approval; (ii) a certificate; (iii) a charter; (iv) a permit; or (v) a registration. (f) “Office” means the Office of Administrative Hearings. (g) “Presiding officer” means the board, commission, agency head, administrative law judge, or other authorized person conducting an administrative proceeding under this subtitle.

Md. Code, State Government § 10-203

(a) This subtitle does not apply to: (1) the Legislative Branch of the State government or an agency of the Legislative Branch; (2) the Judicial Branch of the State government or an agency of the Judicial Branch; (3) the following agencies of the Executive Branch of the State government: (i) the Governor; (ii) the Department of Assessments and Taxation; (iii) the Insurance Administration except as specifically provided in the Insurance Article; (iv) the Maryland Parole Commission of the Department of Public Safety and Correctional Services; (v) the Public Service Commission; (vi) the Maryland Tax Court; (vii) the State Workers’ Compensation Commission; (viii) the Maryland Automobile Insurance Fund; or (ix) the Patuxent Institution Board of Review, when acting on a parole request; (4) an officer or unit not part of a principal department of State government that: (i) is created by or pursuant to the Maryland Constitution or general or local law; (ii) operates in only 1 county; and (iii) is subject to the control of a local government or is funded wholly or partly from local funds; (5) unemployment insurance claim determinations, tax determinations, and appeals in the Maryland Department of Labor except as specifically provided in Subtitle 5A of Title 8 of the Labor and Employment Article; or (6) any other entity otherwise expressly exempted by statute. (b) This subtitle does apply to: (1) the property tax assessment appeals boards; and (2) as to requests for correction of certificates of death under § 5–310(d)(2) of the Health – General Article, the office of the Chief Medical Examiner. (c) A public hearing required or provided for by statute or regulation before an agency takes a particular action is not an agency hearing under § 10–202(d) of this subtitle unless the statute or regulation: (1) expressly requires that the public hearing be held in accordance with this subtitle; or (2) expressly requires that any judicial review of the agency determination following the public hearing be conducted in accordance with this subtitle. (d) (1) Subject to paragraphs (2) and (3) of this subsection, this subtitle does apply to a contested case that arises from a State program administered by the Montgomery County Department of Health and Human Services in the same manner as the subtitle applies to a county health department or local department of social services. (2) For purposes of this subtitle, the Office of the Attorney General, after consultation with the County Attorney for Montgomery County, shall determine if the Montgomery County Department of Health and Human Services administers a State program. (3) This subsection is not intended to extend or limit the authority of the Montgomery County Department of Health and Human Services to administer State programs in the manner of a county health department or local department of social services.

Md. Code, State Government § 10-204

A political subdivision of the State or an instrumentality of a political subdivision is entitled, to the same extent as other legal entities, to be an interested person, party, or petitioner in a matter under this subtitle, including an appeal.

Md. Code, State Government § 10-205

(a) (1) Except as provided in paragraph (2) of this subsection, a board, commission, or agency head authorized to conduct a contested case hearing shall: (i) conduct the hearing; or (ii) delegate the authority to conduct the contested case hearing to: 1. the Office; or 2. with the prior written approval of the Chief Administrative Law Judge, a person not employed by the Office. (2) A hearing held in accordance with § 4-608(f) or § 5-610(f) of the Business Occupations and Professions Article may not be delegated to the Office. (3) With the written approval of the Chief Administrative Law Judge, a class of contested case hearings may be delegated as provided in paragraph (1)(ii)2 of this subsection. (4) This subsection is not intended to restrict the right of an individual, expressly authorized by a statute in effect on October 1, 1993, to conduct a contested case hearing. (b) An agency may delegate to the Office the authority to issue: (1) proposed or final findings of fact; (2) proposed or final conclusions of law; (3) proposed or final findings of fact and conclusions of law; (4) proposed or final orders or orders under Title 20 of this article; or (5) the final administrative decision of an agency in a contested case. (c) Promptly after receipt of a request for a contested case hearing, an agency shall: (1) notify the parties that the authorized agency head, board, or commission shall conduct the hearing; (2) transmit the request to the Office so that the Office shall conduct the hearing in accordance with the agency’s delegation; or (3) request written approval from the Chief Administrative Law Judge to appoint a person not employed by the Office to conduct the hearing. (d) (1) Except as provided in paragraph (2) of this subsection, an agency’s delegation and transmittal of all or part of a contested case to the Office is final. (2) If an agency has adopted regulations specifying the criteria and procedures for the revocation of a delegation of a contested case, delegation of authority to hear all or part of a contested case may be revoked, by the agency head, board, or commission, in accordance with the agency’s regulations, at any time prior to the earlier of: (i) the issuance of a ruling on a substantive issue; or (ii) the taking of oral testimony from the first witness. (e) (1) The Office shall: (i) conduct the hearing; and (ii) except as provided in paragraph (2) of this subsection or as otherwise required by law, within 90 days after the completion of the hearing, complete the procedure authorized in the agency’s delegation to the Office. (2) The time limit specified in paragraph (1)(ii) of this subsection may be extended with the written approval of the Chief Administrative Law Judge.

Md. Code, State Government § 10-206

(a) (1) The Office shall adopt regulations to govern the procedures and practice in all contested cases delegated to the Office and conducted under this subtitle. (2) Unless a federal or State law requires that a federal or State procedure shall be observed, the regulations adopted under paragraph (1) of this subsection shall take precedence in the event of a conflict. (b) Each agency may adopt regulations to govern procedures under this subtitle and practice before the agency in contested cases. (c) Regulations adopted under this section may include procedures and criteria for requesting and conducting expedited hearings. (d) Each agency and the Office may adopt regulations that: (1) provide for prehearing conferences in contested cases; or (2) set other appropriate prehearing procedures in contested cases. (e) To assist the public in understanding the procedures followed by an agency or the Office in contested cases, an agency or the Office may develop and distribute supplemental explanatory materials, including the related forms that the agency or Office requires and instructions for completing the forms.

Md. Code, State Government § 10-206.1

§10–206.1. (a) An agency may not: (1) grant the right to practice law to an individual who is not authorized to practice law; (2) interfere with the right of a lawyer to practice before an agency or the Office; or (3) prohibit any party from being advised or represented at the party’s own expense by an attorney or, if permitted by law, other representative. (b) Subsection (a) of this section may not be interpreted to require the State to furnish publicly provided legal services in any proceeding under this subtitle.

Md. Code, State Government § 10-207

(a) An agency shall give reasonable notice of the agency’s action. (b) The notice shall: (1) state concisely and simply: (i) the facts that are asserted; or (ii) if the facts cannot be stated in detail when the notice is given, the issues that are involved; (2) state the pertinent statutory and regulatory sections under which the agency is taking its action; (3) state the sanction proposed or the potential penalty, if any, as a result of the agency’s action; (4) unless a hearing is automatically scheduled, state that the recipient of notice of an agency’s action may have an opportunity to request a hearing, including: (i) what, if anything, a person must do to receive a hearing; and (ii) all relevant time requirements; and (5) state the direct consequences, sanction, potential penalty, if any, or remedy of the recipient’s failure to exercise in a timely manner the opportunity for a hearing or to appear for a scheduled hearing. (c) The notice of agency action under this section may be consolidated with the notice of hearing required under § 10-208 of this subtitle. (d) For purposes of this section, publication in the Maryland Register does not constitute reasonable notice to a party.

Md. Code, State Government § 10-208

(a) An agency or the Office shall give all parties in a contested case reasonable written notice of the hearing. (b) The notice shall state: (1) the date, time, place, and nature of the hearing; (2) the right to call witnesses and submit documents or other evidence under § 10-213(f) of this subtitle; (3) any applicable right to request subpoenas for witnesses and evidence and specify the costs, if any, associated with such a request; (4) that a copy of the hearing procedure is available on request and specify the costs associated with such a request; (5) any right or restriction pertaining to representation; (6) that failure to appear for the scheduled hearing may result in an adverse action against the party; and (7) that, unless otherwise prohibited by law, the parties may agree to the evidence and waive their right to appear at the hearing. (c) The notice of hearing may be consolidated with the notice of agency action required under § 10-207 of this subtitle. (d) For purposes of this subtitle, publication in the Maryland Register does not constitute reasonable notice to a party.

Md. Code, State Government § 10-209

(a) Where a licensing statute provides for service other than by regular mail, notice under this subtitle may be sent by regular mail to the address of record of a person holding a license issued by the agency if: (1) the person is required by law to advise the agency of the address; and (2) the agency has been unsuccessful in giving notice in the manner otherwise provided by the licensing statute. (b) Upon a showing that the person neither knew nor had reasonable opportunity to know of the fact of service, a person served by regular mail under subsection (a) of this section shall be granted a hearing. (c) A person holding a license shall be deemed to have had a reasonable opportunity to know of the fact of service if: (1) the person is required by law to notify the agency of a change of address within a specified period of time; (2) the person failed to notify the agency in accordance with the law; (3) the agency or the Office mailed the notice to the address of record; and (4) the agency did not have actual notice of the change of address prior to service.

Md. Code, State Government § 10-210

Unless otherwise precluded by law, an agency or the Office may dispose of a contested case by: (1) stipulation; (2) settlement; (3) consent order; (4) default; (5) withdrawal; (6) summary disposition; or (7) dismissal.

Md. Code, State Government § 10-211

(a) In accordance with subsection (b) of this section, a hearing may be conducted by telephone, video conferencing, or other electronic means. (b) (1) For good cause, a party may object to the holding of a hearing by telephone, video conferencing, or other electronic means. (2) If a party establishes good cause in opposition to the holding of a hearing by telephone or other similar audio electronic means, the hearing shall be held in person or by video conferencing or other similar audiovisual electronic means. (3) If a party establishes good cause in opposition to the holding of a hearing by video conferencing or other similar audiovisual electronic means, the hearing shall be conducted in person.

Md. Code, State Government § 10-212

(a) Except as otherwise provided by law, a contested case hearing conducted by the Office shall be open to the public. (b) Hearings conducted by the Office are not subject to Subtitle 5 of this title.

Md. Code, State Government § 10-212.1

§10–212.1. (a) (1) In a contested case, a party or witness may apply to the agency for the appointment of a qualified interpreter to assist that party or witness, if the party or witness is deaf or, because of a hearing impediment, cannot readily understand or communicate the spoken English language. (2) On application of the party or witness the agency shall appoint a qualified interpreter. (3) In selecting a qualified interpreter for appointment, the agency may consult the directory of interpreters for manual communication or oral interpretation to assist deaf persons that is maintained by the courts of the State. (b) (1) An interpreter appointed under this section shall be allowed the compensation that the agency considers reasonable. (2) Subject to paragraph (3) of this subsection, the compensation shall be paid by the agency. (3) If the agency has the authority to tax for services and expenses as a part of the costs of a case, the agency may tax the amount paid to an interpreter as a part of these services and expenses in accordance with the federal Americans with Disabilities Act.

Md. Code, State Government § 10-213

(a) (1) Each party in a contested case shall offer all of the evidence that the party wishes to have made part of the record. (2) If the agency has any evidence that the agency wishes to use in adjudicating the contested case, the agency shall make the evidence part of the record. (b) The presiding officer may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give probative effect to that evidence. (c) Evidence may not be excluded solely on the basis that it is hearsay. (d) The presiding officer may exclude evidence that is: (1) incompetent; (2) irrelevant; (3) immaterial; or (4) unduly repetitious. (e) The presiding officer shall apply a privilege that law recognizes. (f) On a genuine issue in a contested case, each party is entitled to: (1) call witnesses; (2) offer evidence, including rebuttal evidence; (3) cross-examine any witness that another party or the agency calls; and (4) present summation and argument. (g) The presiding officer may receive documentary evidence: (1) in the form of copies or excerpts; or (2) by incorporation by reference. (h) (1) The agency or the Office may take official notice of a fact that is: (i) judicially noticeable; or (ii) general, technical, or scientific and within the specialized knowledge of the agency. (2) Before taking official notice of a fact, the presiding officer: (i) before or during the hearing, by reference in a preliminary report, or otherwise, shall notify each party; and (ii) shall give each party an opportunity to contest the fact. (i) The agency or the Office may use its experience, technical competence, and specialized knowledge in the evaluation of evidence.

Md. Code, State Government § 10-214

(a) Findings of fact must be based exclusively on the evidence of record in the contested case proceeding and on matters officially noticed in that proceeding. (b) In a contested case, the Office is bound by any agency regulation, declaratory ruling, prior adjudication, or other settled, preexisting policy, to the same extent as the agency is or would have been bound if it were hearing the case.

Md. Code, State Government § 10-215

(a) Except as provided in subsection (b) of this section, all or part of proceedings in a contested case shall be transcribed if any party: (1) requests the transcription; and (2) pays any required costs. (b) If a petition for judicial review is filed in circuit court by a Maryland Medical Assistance Program recipient, applicant, or authorized representative, the petitioner may not be charged a fee for the costs of: (1) the transcription; or (2) the preparation or delivery of the Office record to the circuit court or to a party.

Md. Code, State Government § 10-216

(a) (1) In the case of a single decision maker, if the final decision maker in a contested case has not personally presided over the hearing, the final decision may not be made until each party is given notice of the proposed decision in accordance with § 10-220 of this subtitle and an opportunity to: (i) file exceptions with the agency to the proposed decision; and (ii) present argument to the final decision maker that the proposed decision should be affirmed, reversed, or remanded. (2) In the case of a decision-making body, if a majority of the officials who are to make a final decision in a contested case have not personally presided over the hearing, the officials may not make the final decision until each party is given notice of the proposed decision in accordance with § 10-220 of this subtitle and an opportunity to: (i) file exceptions to the proposed decision with the agency; and (ii) present argument to a majority of the officials who are to make the final decision. (3) If a party files exceptions or presents argument under paragraph (1) or (2) of this subsection, the official or officials who are to make the final decision shall: (i) personally consider each part of the record that a party cites in its exceptions or arguments before making a final decision; and (ii) except as otherwise provided by law or by agreement of the parties, make the final decision within 90 days after the exceptions are filed or the argument is presented, whichever is later. (b) The final decision shall identify any changes, modifications, or amendments to the proposed decision and the reasons for the changes, modifications, or amendments.

Md. Code, State Government § 10-217

The standard of proof in a contested case shall be the preponderance of evidence unless the standard of clear and convincing evidence is imposed on the agency by regulation, statute, or constitution.

Md. Code, State Government § 10-218

The presiding officer hearing a contested case shall make a record that includes: (1) all motions and pleadings; (2) all documentary evidence that the agency or Office receives; (3) a statement of each fact of which the agency or Office has taken official notice; (4) any staff memorandum submitted to an individual who is involved in the decision making process of the contested case by an official or employee of the agency who is not authorized to participate in the decision making process; (5) each question; (6) each offer of proof; (7) each objection and the ruling on the objection; (8) each finding of fact or conclusion of law proposed by: (i) a party; or (ii) the presiding officer; (9) each exception to a finding or conclusion proposed by a presiding officer; and (10) each intermediate proposed and final ruling by or for the agency, including each report or opinion issued in connection with the ruling.

Md. Code, State Government § 10-219

(a) (1) Except as provided in paragraph (2) of this subsection, a presiding officer may not communicate ex parte directly or indirectly regarding the merits of any issue in the case, while the case is pending, with: (i) any party to the case or the party’s representative or attorney; or (ii) any person who presided at a previous stage of the case. (2) An agency head, board, or commission presiding over a contested case may communicate with members of an advisory staff of, or any counsel for, the agency, board, or commission who otherwise does not participate in the contested case. (b) If, before hearing a contested case, a person receives an ex parte communication of a type that would violate subsection (a) of this section if received while conducting a hearing, the person, promptly after commencing the hearing, shall disclose the communication in the manner prescribed in subsection (c) of this section. (c) An individual who is involved in the decision making process and who is personally aware of an ex parte communication shall: (1) give notice to all parties; (2) include in the record of the contested case: (i) each written communication received; (ii) a memorandum that states the substance of each oral communication received; (iii) each written response to a communication; and (iv) a memorandum that states the substance of each oral response to the communication; and (3) send to each party a copy of each communication, memorandum, and response. (d) A party may rebut an ex parte communication if the party requests the opportunity to rebut within 10 days after notice of the communication. (e) (1) To eliminate the effect of an ex parte communication that is made in violation of this section, the presiding officer or, if the presiding officer is a multimember body, the individual board or commission member, may: (i) withdraw from the proceeding; or (ii) terminate the proceeding without prejudice. (2) An order to terminate the proceeding without prejudice shall state the last date by which a party may reinstitute the proceeding.

Md. Code, State Government § 10-220

(a) If the Office conducts a hearing under this subtitle, the Office shall prepare proposed findings of fact, conclusions of law, or orders in accordance with the agency’s delegation under § 10-205 of this subtitle. (b) The Office shall send its proposed findings, conclusions, or orders: (1) to the parties and the agency directly; or (2) if the agency’s delegation under § 10-205 of this subtitle requires, to the agency for distribution by the agency to the parties. (c) (1) Within 60 days after receipt of the Office’s proposed findings, conclusions, or order under subsection (b)(2) of this section, the agency shall: (i) review the Office’s proposed findings, conclusions, or order; (ii) issue the proposed decision, which may include the Office’s proposed findings, conclusions, or order with or without modification; and (iii) send the proposed decision and a copy of the Office’s proposed findings, conclusions, or order to the parties. (2) The time limit specified in paragraph (1) of this subsection may be extended by the agency head, board, or commission with written notice to the parties. (d) A proposed decision or order, including proposed decisions or orders issued for contested case hearings subject to this subtitle but not conducted by the Office, shall: (1) be in writing or stated on the record; (2) contain separate findings of fact and conclusions of law; (3) include an explanation of procedures and time limits for filing exceptions; and (4) if the Office conducted the hearing and the agency’s proposed decision includes any changes, modifications, or amendments to the Office’s proposed findings, conclusions, or orders, contain an explanation of the reasons for each change, modification, or amendment.

Md. Code, State Government § 10-221

(a) A final decision or order in a contested case that is adverse to a party shall be in writing or stated on the record. (b) (1) A final decision or order in a contested case, including a remand of a proposed decision, shall contain separate statements of: (i) the findings of fact; (ii) the conclusions of law; and (iii) the order. (2) A written statement of appeal rights shall be included with the decision. (3) If the findings of fact are stated in statutory language, the final decision shall state concisely and explicitly the facts that support the findings. (4) If, in accordance with regulations, a party submitted proposed findings of fact, the final decision shall state a ruling on each proposed finding. (c) The final decision maker promptly shall deliver or mail a copy of the final decision or order to: (1) each party; or (2) the party’s attorney of record.

Md. Code, State Government § 10-222

(a) (1) Except as provided in subsection (b) of this section, a party who is aggrieved by the final decision in a contested case is entitled to judicial review of the decision as provided in this section. (2) An agency, including an agency that has delegated a contested case to the Office, is entitled to judicial review of a decision as provided in this section if the agency was a party before the agency or the Office. (b) Where the presiding officer has final decision–making authority, a person in a contested case who is aggrieved by an interlocutory order is entitled to judicial review if: (1) the party would qualify under this section for judicial review of any related final decision; (2) the interlocutory order: (i) determines rights and liabilities; and (ii) has immediate legal consequences; and (3) postponement of judicial review would result in irreparable harm. (c) Unless otherwise required by statute, a petition for judicial review shall be filed with the circuit court for the county where any party resides or has a principal place of business. (d) (1) The court may permit any other interested person to intervene in a proceeding under this section. (2) If the agency has delegated to the Office the authority to issue the final administrative decision pursuant to § 10–205(a)(3) of this subtitle, and there are 2 or more other parties with adverse interests remaining in the case, the agency may decline to participate in the judicial review. An agency that declines to participate shall inform the court in its initial response. (e) (1) The filing of a petition for judicial review does not automatically stay the enforcement of the final decision. (2) Except as otherwise provided by law, the final decision maker may grant or the reviewing court may order a stay of the enforcement of the final decision on terms that the final decision maker or court considers proper. (f) (1) Judicial review of disputed issues of fact shall be confined to the record for judicial review supplemented by additional evidence taken pursuant to this section. (2) The court may order the presiding officer to take additional evidence on terms that the court considers proper if: (i) before the hearing date in court, a party applies for leave to offer additional evidence; and (ii) the court is satisfied that: 1. the evidence is material; and 2. there were good reasons for the failure to offer the evidence in the proceeding before the presiding officer. (3) On the basis of the additional evidence, the final decision maker may modify the findings and decision. (4) The final decision maker shall file with the reviewing court, as part of the record: (i) the additional evidence; and (ii) any modifications of the findings or decision. (g) (1) The court shall conduct a proceeding under this section without a jury. (2) A party may offer testimony on alleged irregularities in procedure before the presiding officer that do not appear on the record. (3) On request, the court shall: (i) hear oral argument; and (ii) receive written briefs. (h) In a proceeding under this section, the court may: (1) remand the case for further proceedings; (2) affirm the final decision; or (3) reverse or modify the decision if any substantial right of the petitioner may have been prejudiced because a finding, conclusion, or decision: (i) is unconstitutional; (ii) exceeds the statutory authority or jurisdiction of the final decision maker; (iii) results from an unlawful procedure; (iv) is affected by any other error of law; (v) is unsupported by competent, material, and substantial evidence in light of the entire record as submitted; (vi) in a case involving termination of employment or employee discipline, fails to reasonably state the basis for the termination or the nature and extent of the penalty or sanction imposed by the agency; or (vii) is arbitrary or capricious. (i) The court or an officer of the court may not charge a fee to an individual petitioning for judicial review to a circuit court from an Office decision in a Medicaid fair hearing contested case proceeding.

Md. Code, State Government § 10-222.1

§10–222.1. (a) A party to a contested case may timely seek civil enforcement of an administrative order by filing a petition for civil enforcement in an appropriate circuit court. (b) Unless otherwise required by statute, a party shall file a petition for civil enforcement of an administrative order in the circuit court for the county where any party resides or has a principal place of business. (c) In an action seeking civil enforcement of an administrative order, a party shall name, as a defendant, each alleged violator against whom the party seeks to obtain civil enforcement. (d) A party may file an action for civil enforcement of an administrative order if another party is in violation of the administrative order. (e) A party in an action for civil enforcement of an administrative order may request, and a court may grant, one or more of the following forms of relief: (1) declaratory relief; (2) temporary or permanent injunctive relief; (3) a writ of mandamus; or (4) any other civil remedy provided by law.

Md. Code, State Government § 10-223

(a) This section does not apply to: (1) a case that arises under Title 16 of the Transportation Article unless a right to appeal to the Appellate Court of Maryland is specifically provided; or (2) a final judgment on actions of the Inmate Grievance Office. (b) (1) A party who is aggrieved by a final judgment of a circuit court under this subtitle may appeal to the Appellate Court of Maryland in the manner that law provides for appeal of civil cases. (2) An agency that was a party in the circuit court may appeal under paragraph (1) of this subsection.

Md. Code, State Government § 10-224

(a) (1) In this section the following words have the meanings indicated. (2) “Business” means a trade, professional activity, or other business that is conducted for profit. (3) “Nonprofit organization” means an organization that is exempt or eligible for exemption from taxation under § 501(c)(3) of the Internal Revenue Code. (b) This section applies only to: (1) an agency operating statewide; (2) a business that, on the date when the contested case or civil action is initiated, meets the definition of a small business under § 2–1505.2 of this article; and (3) a nonprofit organization. (c) Subject to the limitations in this section, an agency or court may award to a business or nonprofit organization reimbursement for expenses that the business or nonprofit organization reasonably incurs in connection with a contested case or civil action that: (1) is initiated against the business or nonprofit organization by an agency as part of an administrative or regulatory function; (2) is initiated without substantial justification or in bad faith; and (3) does not result in: (i) an adjudication, stipulation, or acceptance of liability of the business or nonprofit organization; (ii) a determination of noncompliance, violation, infringement, deficiency, or breach on the part of the business or nonprofit organization; or (iii) a settlement agreement under which the business or nonprofit organization agrees to take corrective action or to pay a monetary sum. (d) (1) To qualify for an award under this section when the agency has initiated a contested case, the business or nonprofit organization must make a claim to the agency before taking any appeal. (2) The agency shall act on the claim. (e) (1) An award under this section may include: (i) the expenses incurred in the contested case; (ii) court costs; (iii) counsel fees; and (iv) the fees of necessary witnesses. (2) An award under this section may not exceed $10,000. (3) The court may reduce or deny an award to the extent that the conduct of the business or nonprofit organization during the proceedings unreasonably delayed the resolution of the matter in controversy. (f) An award under this section shall be paid as provided in the State budget. (g) (1) If the agency denies an award under this section, the business or nonprofit organization may appeal, as provided in this subtitle. (2) An agency may appeal an award that a court makes under this section.

Md. Code, State Government § 10-225

(a) Upon a finding by the Governor that there is an imminent threat within a time certain of a loss or denial of federal funds to the State because of the operation of any section of this subtitle or of Title 9, Subtitle 16 of this article, the Governor by executive order may suspend the applicability of part or all of this subtitle or of Title 9, Subtitle 16 of this article to a specific class of contested cases. (b) A suspension under this section is effective only so long as, and to the extent, necessary to avoid a denial or loss of federal funds to the State. (c) The executive order shall explain the basis for the Governor’s finding and state the period of time during which the suspension is to be effective. (d) The Governor shall declare the termination of a suspension when it is no longer necessary to prevent the loss or denial of federal funds. (e) An executive order issued under this section shall be: (1) presented to the Legislative Policy Committee; and (2) published in the Maryland Register pursuant to § 7–206(a)(2)(iii) of this article.

Md. Code, State Government § 10-226

(a) (1) In this section the following words have the meanings indicated. (2) “License” means all or any part of permission that: (i) is required by law to be obtained from a unit; (ii) is not required only for revenue purposes; and (iii) is in any form, including: 1. an approval; 2. a certificate; 3. a charter; 4. a permit; or 5. a registration. (3) “Unit” means an officer or unit that is authorized by law to: (i) adopt regulations subject to Subtitle 1 of this title; or (ii) adjudicate contested cases under this subtitle. (b) If, at least 2 calendar weeks before a license expires, the licensee makes sufficient application for renewal of the license, the license does not expire until: (1) the unit takes final action on the application; and (2) either: (i) the time for seeking judicial review of the action expires; or (ii) any judicial stay of the unit’s final action expires. (c) (1) Except as provided in paragraph (2) of this subsection, a unit may not revoke or suspend a license unless the unit first gives the licensee: (i) written notice of the facts that warrant suspension or revocation; and (ii) an opportunity to be heard. (2) A unit may order summarily the suspension of a license if the unit: (i) finds that the public health, safety, or welfare imperatively requires emergency action; and (ii) promptly gives the licensee: 1. written notice of the suspension, the finding, and the reasons that support the finding; and 2. an opportunity to be heard.

Md. Code, State Government § 10-301

In this subtitle, “unit” means an officer or unit that is authorized by law to: (1) adopt regulations subject to Subtitle 1 of this title; or (2) adjudicate contested cases subject to Subtitle 2 of this title.

Md. Code, State Government § 10-302

(a) This subtitle does not apply to: (1) the Governor; (2) the Department of Assessments and Taxation; (3) the Board of Appeals of the Maryland Department of Labor; (4) the Insurance Administration; (5) the Maryland Parole Commission of the Department of Public Safety and Correctional Services; (6) the Public Service Commission; (7) the Maryland Tax Court; or (8) the State Workers’ Compensation Commission. (b) If the Insurance Commissioner states in writing that, as to a particular matter, the Maryland Automobile Insurance Fund need not comply with this subtitle, this subtitle does not apply to the Fund with respect to that matter.

Md. Code, State Government § 10-303

A political subdivision of the State or an instrumentality of a political subdivision is entitled, to the same extent as other legal entities, to be an interested person, party, or petitioner in a matter under this subtitle, including an appeal.

Md. Code, State Government § 10-304

(a) An interested person may submit to a unit a petition for a declaratory ruling with respect to the manner in which the unit would apply a regulation or order of the unit or a statute that the unit enforces to a person or property on the facts set forth in the petition. (b) Each unit shall adopt regulations that set: (1) the form for a petition under this section; and (2) procedures for the submission, consideration, and disposition of the petition.

Md. Code, State Government § 10-305

(a) A unit may issue a declaratory ruling. (b) A declaratory ruling binds the unit and the petitioner on the facts set forth in the petition. (c) A declaratory ruling under this section is subject to review in a circuit court in the manner that Subtitle 2 of this title provides for the review of a contested case.

Md. Code, State Government § 10-401

Before a State agency issues a license or permit to an employer to engage in an activity in which the employer may employ a covered employee, as defined in § 9-101 of the Labor and Employment Article, the employer shall file with the State agency: (1) a certificate of compliance with the Maryland Workers’ Compensation Act; or (2) the number of a workers’ compensation insurance policy or binder.

Md. Code, State Government § 10-601

(a) In this Part I of this subtitle the following words have the meanings indicated. (b) “Department” means a principal department of the Executive Branch of the State government. (c) “Division” means the Records Management Division of the Department of General Services. (d) “Form” means a document that has a standard format for the systematic and repetitive collection, maintenance, or transmission of information. (e) “Independent unit” means a unit of the State government that is not in a department. (f) “Plan” means a forms management plan for a department or independent unit.

Md. Code, State Government § 10-602

(a) The head of each department and each independent unit shall designate, from among its staff, a forms management officer for the department or independent unit. (b) The forms management officer shall: (1) subject to the approval of the Division: (i) keep a current plan for the management of the forms that the unit uses; and (ii) administer the plan; and (2) submit the plan, including each revision, to the Division.

Md. Code, State Government § 10-603

(a) The plan shall: (1) ensure that the forms management officer approves the use of a form by the department or independent unit only if the form: (i) is needed for the effective or efficient operation of the department or independent unit; (ii) requests information that is needed for or relevant to a lawful purpose of the department or independent unit; (iii) does not impose an undue burden on the individual who is to complete the form; (iv) is as brief, as plainly written, as well designed, and as easily completed as possible; and (v) does not duplicate unnecessarily: 1. another form of the department or independent unit; or 2. a form of another department or independent unit; (2) require a register of the forms that the forms management officer approves; (3) require identification of each form in accordance with a standard identification system of the Division; (4) provide for the most economical system by which to prepare, reproduce, and use a form; and (5) require the forms management officer: (i) to review periodically each form that has been approved to determine whether the officer still approves the form; and (ii) if not, to remove the form from the register. (b) In addition to any duties set forth elsewhere, the Division shall: (1) develop a standard identification system to identify forms; (2) help each department and independent unit to: (i) develop a proposed plan; and (ii) coordinate the proposed plan with other plans; (3) review each proposed plan; (4) approve each proposed plan that meets the requirements of this section; and (5) monitor and help in the administration of each plan to ensure compliance. (c) (1) In the preparation of a form that requires identification of individuals by race, a department or independent unit shall include the following racial categories: (i) American Indian or Alaska Native; (ii) Asian; (iii) Black or African American; (iv) Native Hawaiian or other Pacific Islander; and (v) White. (2) A form that requires identification of individuals by race shall include instructions that multiracial respondents may select all applicable racial categories. (3) (i) Respondents shall select their own answers, except when it is not possible for the respondent to do so. (ii) In the event that a respondent is not able to select an answer, an observer, such as a family member or friend, may select the answer on behalf of the respondent. (4) A form that requires identification of individuals by race shall include a separate question about whether a respondent is of Hispanic or Latino origin, with the question preceding the racial category question.

Md. Code, State Government § 10-608

(a) In this Part II of this subtitle the following words have the meanings indicated. (b) “Archives” means the State Archives. (c) “Division” means the Records Management Division of the Department of General Services. (d) “Program” means a program for the management of the records of a unit of the State government. (e) “Records officer” means any individual designated under § 10–610(b) of this subtitle.

Md. Code, State Government § 10-609

The Division and the State Archivist jointly shall adopt regulations to: (1) define the character of records of archival quality; (2) determine the quantity of those records; (3) set standards for the development of record retention and disposal schedules; and (4) provide for the periodic transfer to the State Archivist or disposal of records, in accordance with the schedules.

Md. Code, State Government § 10-610

(a) (1) Each unit of the State government shall have a program for the continual, economical, and efficient management of the records of the unit. (2) The program shall include procedures for: (i) the security of the records; (ii) the establishment and revision, in accordance with the regulations, record retention and disposal schedules to ensure the prompt and orderly disposition of records, including electronic records, that the unit no longer needs for its operation; (iii) the maintenance of inventories of records series that are accurate and complete; and (iv) the transfer of permanent records to the custody of the Archives. (b) Each head of a unit of State government shall designate, from among the unit’s executive staff, a records officer for the unit to: (1) serve as liaison to the Division and the Archives; and (2) develop and oversee the program.

Md. Code, State Government § 10-611

The Division shall: (1) inspect the records of the units of the State government; (2) study the records management practices of the units of State government; (3) review a proposal to buy or rent equipment, storage space, or services for records, including microfilming or photocopying, and, as appropriate, make recommendations about the proposal to: (i) the Department of Budget and Management; or (ii) the Board of Public Works; (4) on July 1, 1985 and for each subsequent 5–year period, report a series analysis of the character and quantity of records that a unit of the State government holds and that an official of the State government or the head of a unit is required or is permitted to offer to the State Archives; and (5) otherwise further the programs of each unit of the State government.

Md. Code, State Government § 10-614

(a) In this Part III of this subtitle the following words have the meanings indicated. (b) “Archives” means the State Archives. (c) “Commission” means the Hall of Records Commission. (d) “Public official” includes an official of the State or of a county, city, or town in the State. (e) “Record” means any documentary material in any form created or received by any agency in connection with the transaction of public business. (f) “Records inventory” means a survey of all records series maintained by an agency resulting in an itemized compilation of the records in the possession of the agency.

Md. Code, State Government § 10-615

Except as expressly provided in § 10–619 of this subtitle, this Part III of this subtitle does not authorize: (1) the destruction of a permanent book of account; (2) the destruction of a land record of a clerk of a circuit court; (3) the destruction of any record that relates to the financial operation of a unit of the State government or to collection of State taxes until the requirements of §§ 2–1220 through 2–1227 of this article are met; (4) the destruction of any record until the expiration of the period that a statute expressly sets for that record to be kept; (5) the destruction of any public record that a statute expressly requires to be kept permanently; or (6) the destruction of any record of a court of record unless: (i) the destruction is authorized under § 1–605(d)(6) or § 2–205 of the Courts Article; (ii) an accurate transcript of the record is in use; or (iii) the record relates to the internal management of or otherwise is a housekeeping record for an office of a clerk of court or register of wills.

Md. Code, State Government § 10-616

(a) In accordance with the record retention and disposal schedules, a public official shall offer to the Archives any public record of the official that no longer is needed, such as: (1) an original paper; (2) a book; (3) a file; (4) a record of a court of record for which an accurate transcript is in use; (5) a record that relates to the internal management of or otherwise is a housekeeping record for an office of a clerk of court or register of wills; or (6) any other written or recorded materials regardless of their physical form or characteristics. (b) Records accepted for transfer to the Archives shall be accompanied by a records inventory. (c) (1) With the written approval of the State Archivist, a public official may destroy the record that the public official offers under this section, but the Archives declines to accept. (2) After records are destroyed, the public official shall send to the Archives: (i) a list of the records that were destroyed; and (ii) a certificate of destruction. (3) (i) The State Archivist shall keep each list of the records destroyed under this subsection. (ii) The list shall be available for public inspection at reasonable times.

Md. Code, State Government § 10-617

(a) A public official may offer to the Archives or may destroy any of the following materials that the public official no longer needs: (1) a book, magazine, or newspaper; (2) other library or museum material that was made or acquired for reference or exhibition purposes; (3) an extra copy of a document that was kept only for convenience of reference; (4) a stock of publications; (5) an acceptance or refusal of an invitation or engagement of a public officer; and (6) material that otherwise relates to personal business of a public officer. (b) The State Archivist may set classes of materials that the public official may destroy if the public official no longer needs the materials.

Md. Code, State Government § 10-619

(a) With the written approval of the State Archivist, the head of a unit of the State government or of a unit of a county or municipal corporation may destroy original material that has been photographed, photocopied, or microphotographed if: (1) the head offers the original material to the Archives, but the Archives declines to accept; (2) the copy is made in a manner that meets the standard of quality of the Archives for permanent photographic records; (3) the copy is placed in an adequately accessible container; and (4) provisions are made: (i) for the preservation, examination, and use of the copy in a manner that the Archives approves; and (ii) as to a record that a statute otherwise expressly requires to be kept permanently, for the copy to be available, on request, in the same manner as the original material. (b) (1) After materials are destroyed under this section, the head of the unit shall send to the Archives: (i) a list of the materials that were destroyed; and (ii) a certificate of destruction. (2) The State Archivist shall keep each list of the materials destroyed under this section. The list shall be available for public inspection at reasonable times.

Md. Code, State Government § 10-701

This subtitle applies if the General Assembly: (1) abolishes a unit of the State government; or (2) transfers, wholly or partly, a function or authority of the unit to a successor.

Md. Code, State Government § 10-702

(a) In this section, “property” means: (1) a record of a unit; and (2) any other property that is in the possession of a unit or any of its members or officers. (b) Property that relates to a transferred function or authority of an abolished or superseded unit vests in and shall be delivered to the successor of the unit. (c) Records of an abolished or superseded unit that do not vest in a successor shall be delivered to the State Archives. (d) Other property of an abolished or superseded unit that does not vest in a successor shall be delivered to the Board of Public Works.

Md. Code, State Government § 10-703

Employees of an abolished or superseded unit who are in the skilled service or professional service of the State Personnel Management System, with the exception of special appointments: (1) keep their status as skilled service or professional service employees; and (2) in accordance with the provisions of the State Personnel and Pensions Article that govern skilled service or professional service employees and the regulations adopted under them, are eligible for reemployment by the successor or by another unit in the respective skilled service or professional service position in the State Personnel Management System.

Md. Code, State Government § 10-704

(a) Each petition, hearing, or other proceeding that was pending before an abolished or superseded unit and each proceeding or investigation that was begun by the unit remains in force. (b) The successor or another unit designated in accordance with law may complete a proceeding or investigation and enforce any penalty or forfeiture to the same extent as the abolished or superseded unit.

Md. Code, State Government § 10-705

Each order, rule, and regulation that relates to a transferred function or authority of an abolished or superseded unit remains in effect until the successor amends or rescinds the order, rule, or regulation.

Md. Code, State Government § 10-706

Each contract and other obligation that relates to a transferred function or authority of an abolished or superseded unit remains in effect and shall be carried out by the successor.

Md. Code, State Government § 10-801

(a) In this subtitle the following words have the meanings indicated. (b) “Public communication” means any inquiry, request, or complaint made by the public. (c) “Unit” means each unit in the Executive Branch of the State government.

Md. Code, State Government § 10-802

Each unit shall adopt written policies that are within the legal authority of the unit for: (1) the procedures to be followed by the unit in responding to a public communication; (2) the circumstances that require the unit to maintain a record of a public communication and of the response of the unit; and (3) the manner of maintaining records of public communications and of the responses of the unit.

Md. Code, State Government § 10-803

Each unit shall submit the policies required under § 10-802 of this subtitle to the Joint Committee on Administrative, Executive, and Legislative Review.

Md. Code, State Government § 10-901

(a) In this subtitle the following words have the meanings indicated. (b) “Cost of providing the system product” means the cost to: (1) create, develop, and produce a new system product in printed, hard copy, digital, or other format; or (2) reproduce an existing system product in printed, hard copy, digital, or other format. (c) “Governmental unit” means: (1) the State or a political subdivision, unit, or instrumentality of the State; (2) a unit or instrumentality of a political subdivision of the State; (3) a bicounty agency; or (4) a combination of the entities specified in items (1) through (3) of this subsection. (d) (1) “System” means an automated mapping–geographic information system in which geographically referenced data: (i) are entered and stored electronically; and (ii) can be manipulated to display selected geographic data. (2) “System” includes data that define physical and nonphysical elements of geographically referenced areas. (e) “System products” means drawings, maps, photographs, or any other depiction, representation, or compilation of spatial data produced in printed, digital, hard copy, or other format.

Md. Code, State Government § 10-902

The General Assembly finds that: (1) automated mapping–geographic information system products have value to the general public; and (2) automated mapping–geographic information system products that are developed at public expense should not be unreasonably withheld from private commercial users of geographic information, but should not provide a public subsidy to private commercial users.

Md. Code, State Government § 10-903

(a) This subtitle is applicable to system products established or maintained by any governmental unit. (b) Except as otherwise provided in this subtitle, to the extent of any inconsistency, Title 4, Subtitles 1 through 5 of the General Provisions Article do not apply to this subtitle.

Md. Code, State Government § 10-904

(a) A governmental unit may adopt a fee structure for system products that will: (1) make system products available at a cost consistent with the requirements of this subtitle; and (2) cover the cost of providing the system product and an additional charge of no more than $50. (b) A governmental unit may sell system products to the general public for a fee that reasonably reflects the cost of providing the system product. (c) A governmental unit: (1) may reduce or waive the fees that it charges for system products that are to be used for a public purpose; and (2) shall apply its reduction or waiver of the fees uniformly among persons who are similarly situated.

Md. Code, State Government § 10-1001

(a) In this section, “unit” means an officer or other entity in the Executive Branch. (b) Unless otherwise provided by statute or regulation, a unit of State government authorized by law to impose a civil penalty up to a specific dollar amount for violation of any statute or regulation shall consider the following in setting the amount of the penalty: (1) the severity of the violation for which the penalty is to be assessed; (2) the good faith of the violator; and (3) any history of prior violations.

Md. Code, State Government § 10-1101

The General Assembly finds that the inability to speak, understand, or read the English language is a barrier that prevents access to public services provided by State departments, agencies, and programs, and that the public services available through these entities are essential to the welfare of Maryland residents. It is the policy of the State that State departments, agencies, and programs shall provide equal access to public services for individuals with limited English proficiency.

Md. Code, State Government § 10-1102

(a) In this subtitle the following words have the meanings indicated. (b) (1) “Equal access” means to be informed of, participate in, and benefit from public services offered by a State department, agency, or program, at a level equal to English proficient individuals. (2) “Equal access” includes the ability to receive language assistance that: (i) ensures accurate, timely, and effective communication at no cost to the individual; and (ii) is not significantly restricted, delayed, or of lower quality compared to programs or activities available to English–proficient individuals. (c) “Language access plan” means a written document that standardizes the language access compliance policy, standard operating procedure, reporting, and complaint process for each State department, agency, or program. (d) “Language assistance services” includes various methods to provide verbal information and interpretation such as: (1) staff interpreters, bilingual staff, telephone interpreter programs, and private interpreter programs; and (2) sign languages, braille, TDD/TT/TTY, large print, plain language, and other communication accommodations used by individuals with disabilities. (e) “Limited English proficiency” means a limited ability to read, write, speak, or understand English in a manner that allows effective communication with a State department, agency, or program to have access to and participate in services, activities, programs, or other benefits administered by the State. (f) “Program” means all of the operations of a State department, State agency, or any other instrumentality of the State. (g) “Public contact positions” are positions in a State department, agency, or program for which the primary responsibilities include greeting, meeting, or providing information or services to the public. (h) (1) “Vital documents” means all applications or informational materials, notices, and complaint forms offered by State departments, agencies, and programs that are critical for accessing a State department, agency, or program. (2) “Vital documents” include: (i) emergency preparedness and risk communications; (ii) online and paper applications; (iii) consent forms; (iv) complaint forms; (v) all categories of letters or notices pertaining to the eligibility for State benefits; (vi) written tests evaluating competency for a license, job, or skill for which English proficiency is not required; (vii) documents that are required by law; and (viii) notices at no cost regarding the availability of language assistance services for individuals with limited English proficiency. (3) “Vital documents” does not include applications and examinations related to the licensure, certification, or registration under the Health Occupations Article, Financial Institutions Article, Business Occupations and Professions Article, and Business Regulation Article within the jurisdiction of the Maryland Department of Health or the Maryland Department of Labor.

Md. Code, State Government § 10-1103

(a) Each State department, agency, or program listed or identified under subsection (c) of this section shall: (1) subject to subsection (b) of this section, develop a language access plan; (2) take reasonable steps to provide equal access to public services for individuals with limited English proficiency who need language assistance, including any oral, written, and sign language services; and (3) arrange for the translation of vital documents ordinarily provided to the public into any language spoken by any limited English proficient population that constitutes 3% of the population within the geographic area served by a local office of a State program. (b) (1) In developing the language access plan required under subsection (a)(1) of this section, each State department, agency, or program shall: (i) determine the number or percentage of individuals with limited English proficiency who are eligible to be served by, or likely to have an encounter with, the State department, agency, or program; (ii) estimate the frequency with which individuals with limited English proficiency will come into contact with the State department, agency, or program; and (iii) determine the language assistance resources available to the State department, agency, or program. (2) Each State department, agency, or program shall update the language access plan every 2 years and include: (i) the types and descriptions of language assistance services that the State department, agency, or program will provide; (ii) a list of the languages, including dialects, or forms of communication for which a State department, agency, or program will provide language assistance services and the rationale for selecting the languages, dialects, or forms of communication; (iii) an evaluation and assessment of the adequacy of the language assistance services to be provided; (iv) a description and frequency of training for public contact staff on the language access plan; (v) the process for filing a complaint related to a language assistance service; and (vi) a description of the funding and budgetary sources to implement the language access plan. (c) (1) On or before July 1, 2028, the provisions of this section shall be fully implemented by: (i) the Workers’ Compensation Commission; (ii) the Commission on Civil Rights; (iii) the Department of State Police; (iv) the Comptroller of Maryland; (v) the Maryland Transit Administration; (vi) the State Department of Education; (vii) the Office of the Attorney General; (viii) five independent agencies, boards, or commissions, to be determined by the Secretary of Human Services, in collaboration with the Office of the Attorney General; and (ix) each principal department listed under § 8–201 of this article. (2) If a principal department is created on or after October 1, 2028, the principal department shall comply with the requirements of this section beginning 1 year after the date on which the principal department is created. (d) On or before September 30 each year, each State department, agency, or program identified under subsection (c) of this section shall submit a report to the Maryland Language Advisory Group that contains the following information for the previous fiscal year: (1) a summary of all activities performed, including a self–assessment and explanation of any unmet objectives; and (2) any other performance measures required by the Maryland Language Advisory Group.

Md. Code, State Government § 10-1103.1

§10–1103.1. (a) In this section, “Advisory Group” means the Maryland Language Advisory Group. (b) On or before January 1, 2026, the Office and the Department of Disabilities shall convene the Maryland Language Advisory Group to make findings and recommendations on oversight, monitoring, investigation, and enforcement of this subtitle. (c) The Advisory Group shall include: (1) the Director, or the Director’s designee; (2) the Director of the Office of the Deaf and Hard of Hearing, or the Director’s designee; (3) the Secretary of Disabilities, or the Secretary’s designee; (4) the Secretary of Labor, or the Secretary’s designee; (5) the Secretary of Human Services, or the Secretary’s designee; (6) the Secretary of Health, or the Secretary’s designee; (7) the Secretary of Information Technology, or the Secretary’s designee; and (8) the State Superintendent of Schools, or the State Superintendent’s designee. (d) The Director or the Director’s designee and the Secretary of Disabilities or the Secretary’s designee are the co–chairs of the Advisory Group. (e) The staffing responsibilities shall be shared by the Office and the Department of Disabilities. (f) The Advisory Group shall meet at least twice each year. (g) (1) The Advisory Group may establish workgroups as necessary to complete the duties of the Advisory Group. (2) A workgroup established under paragraph (1) of this subsection may include members that are not listed under subsection (c) of this section. (h) On or before July 1 each year, the Advisory Group shall: (1) in consultation with the appropriate State and local agencies and community organizations: (i) review any language access plans, as defined in § 10–1102 of this subtitle, developed by State departments, agencies, and programs to develop a template language access plan; (ii) review laws and best practices of local jurisdictions and other states relating to language access; (iii) develop a template language access plan, as defined in § 10–1102 of this subtitle, for State departments, agencies, or programs; (iv) develop a template language access policy and template language access standard operating procedure for State departments, agencies, or programs; (v) recommend at least one State department, agency, or program to perform oversight, monitoring, investigation, and enforcement of this subtitle; (vi) establish a framework to assess if State departments, agencies, and programs are in compliance with § 10–1103 of this subtitle; and (vii) solicit input from the stakeholders identified under item (2) of this subsection; (2) solicit input from: (i) legal and social services organizations that provide services to individuals with limited English proficiency, as defined in § 10–1102 of this subtitle; (ii) legal and social services organizations that provide services to individuals with disabilities; (iii) disability rights advocacy organizations; (iv) immigrants’ rights advocacy organizations; (v) individuals with lived experience with limited English proficiency, as defined in § 10–1102 of this subtitle, sign language, visual disabilities, or other communication disabilities; and (vi) other relevant stakeholders. (i) (1) On or before June 1 each year, the Advisory Group shall submit an annual report to the General Assembly, in accordance with § 2–1257 of this article. (2) The report shall include: (i) a description of the work of the Advisory Group; and (ii) any recommendations of the Advisory Group.

Md. Code, State Government § 10-1104

Each State department, agency, or program not listed or identified under § 10–1103(c) of this subtitle shall monitor its operations to determine if the State department, agency, or program should take reasonable steps under § 10–1103 of this subtitle to achieve equal access to public services for individuals with limited English proficiency.

Md. Code, State Government § 10-1105

(a) (1) Except as provided in subsections (b) and (c) of this section, each State department, agency, and program shall provide for each website that may reasonably be expected to be available to and used by members of the general public equal access versions of the website in any language that: (i) is spoken by any limited English proficient population that constitutes at least 0.5% of the overall population within the State, as measured by the most recent United States Census; and (ii) can be translated free of charge. (2) If machine translation services are used to carry out the provisions of paragraph (1) of this subsection, the State department, agency, or program may post conspicuously on its website, a disclaimer that the State department, agency, or program: (i) does not guarantee the accuracy or reliability of the translation; and (ii) is not liable for any loss or damage arising out of the use of or reliance on the translated content. (b) A State department, agency, or program is not required to provide equal access to website content if: (1) the State department, agency, or program determines that an inaccurate translation of the content could lead to a denial of services or benefits; or (2) the content cannot be translated due to the limitations of machine translation software, including files in PDF format, images, and videos. (c) A unit of local government is encouraged to provide equal access versions of websites to the same extent State departments, agencies, and programs are required to under subsection (a) of this section, but may not be required to do so.

Md. Code, State Government § 10-1106

(a) The Department of Human Services, in consultation with the Office of the Attorney General and the Department of Information Technology, shall provide central coordination and technical assistance to State departments, agencies, and programs to aid compliance with this subtitle. (b) (1) The Department of Information Technology shall establish minimum standards to which the equal access versions of websites required under § 10–1105 of this subtitle must conform. (2) The minimum standards established under paragraph (1) of this subsection shall include a standard regarding the prominent placement of links on the English version of a website to each equal access version of the website.

Md. Code, State Government § 10-1201

Each unit of State government shall install and maintain a telephone system that allows a person from anywhere in the State to communicate with employees of the unit by toll-free telephone call during the regular business hours of the unit for the purpose of conducting official State business.

Md. Code, State Government § 10-1202

Each unit of State government shall print its toll-free telephone numbers on the unit’s official documents, including stationery, fax cover sheets, business cards, and other publications that are distributed to the public.

Md. Code, State Government § 10-1301

§10–1301. IN EFFECT (a) In this subtitle the following words have the meanings indicated. (b) “Encryption” means the protection of data in electronic or optical form, in storage or in transit, using a technology that: (1) is certified to meet or exceed the level that has been adopted by the Federal Information Processing Standards issued by the National Institute of Standards and Technology; and (2) renders such data indecipherable without an associated cryptographic key necessary to enable decryption of such data. (c) (1) “Personal information” means an individual’s first name or first initial and last name, personal mark, or unique biometric or genetic print or image, in combination with one or more of the following data elements: (i) a Social Security number; (ii) a driver’s license number, state identification card number, or other individual identification number issued by a unit; (iii) a passport number or other identification number issued by the United States government; (iv) an Individual Taxpayer Identification Number; or (v) a financial or other account number, a credit card number, or a debit card number that, in combination with any required security code, access code, or password, would permit access to an individual’s account. (2) “Personal information” does not include a voter registration number. (d) “Reasonable security procedures and practices” means data security procedures and practices developed, in good faith, and set forth in a written information security policy. (e) “Records” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (f) “Unit” means: (1) an executive agency, or a department, a board, a commission, an authority, a public institution of higher education, a unit or an instrumentality of the State; or (2) a county, municipality, bi–county, regional, or multicounty agency, county board of education, public corporation or authority, or any other political subdivision of the State. §10–1301. ** TAKES EFFECT OCTOBER 1, 2024 PER CHAPTER 429 OF 2020 ** (a) In this subtitle the following words have the meanings indicated. (b) “Encryption” means the protection of data in electronic or optical form, in storage or in transit, using a technology that: (1) is certified to meet or exceed the level that has been adopted by the Federal Information Processing Standards issued by the National Institute of Standards and Technology; and (2) renders such data indecipherable without an associated cryptographic key necessary to enable decryption of such data. (c) (1) “Personal information” means an individual’s first name or first initial and last name, personal mark, or unique biometric or genetic print or image, in combination with one or more of the following data elements: (i) a Social Security number; (ii) a driver’s license number, state identification card number, or other individual identification number issued by a unit; (iii) a passport number or other identification number issued by the United States government; (iv) an Individual Taxpayer Identification Number; or (v) a financial or other account number, a credit card number, or a debit card number that, in combination with any required security code, access code, or password, would permit access to an individual’s account. (2) “Personal information” does not include a voter registration number. (d) “Reasonable security procedures and practices” means data security procedures and practices developed, in good faith, and set forth in a written information security policy. (e) “Records” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (f) (1) “Unit” means: (i) an executive agency, or a department, a board, a commission, an authority, a unit, or an instrumentality of the State; or (ii) a county, municipality, bi–county, regional, or multicounty agency, county board of education, public corporation or authority, or any other political subdivision of the State. (2) “Unit” does not include a public institution of higher education.

Md. Code, State Government § 10-1302

(a) This subtitle does not apply to personal information that: (1) is publicly available information that is lawfully made available to the general public from federal, State, or local government records; (2) an individual has consented to have publicly disseminated or listed; (3) except for a medical record that a person is prohibited from redisclosing under § 4–302(d) of the Health – General Article, is disclosed in accordance with the federal Health Insurance Portability and Accountability Act; or (4) is disclosed in accordance with the federal Family Educational Rights and Privacy Act. (b) This subtitle does not apply to the Legislative or Judicial Branch of State government.

Md. Code, State Government § 10-1303

When a unit is destroying records of an individual that contain personal information of the individual, the unit shall take reasonable steps to protect against unauthorized access to or use of the personal information, taking into account: (1) the sensitivity of the records; (2) the nature of the unit and its operations; (3) the costs and benefits of different destruction methods; and (4) available technology.

Md. Code, State Government § 10-1304

(a) To protect personal information from unauthorized access, use, modification, or disclosure, a unit that collects personal information of an individual shall implement and maintain reasonable security procedures and practices that are appropriate to the nature of the personal information collected and the nature of the unit and its operations. (b) (1) This subsection shall apply to a written contract or agreement that is entered into on or after July 1, 2014. (2) A unit that uses a nonaffiliated third party as a service provider to perform services for the unit and discloses personal information about an individual under a written contract or agreement with the third party shall require by written contract or agreement that the third party implement and maintain reasonable security procedures and practices that: (i) are appropriate to the nature of the personal information disclosed to the nonaffiliated third party; and (ii) are reasonably designed to help protect the personal information from unauthorized access, use, modification, disclosure, or destruction.

Md. Code, State Government § 10-1305

(a) (1) In this section, “breach of the security of a system” means the unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of the personal information maintained by a unit. (2) “Breach of the security of a system” does not include the good faith acquisition of personal information by an employee or agent of a unit for the purposes of the unit, provided that the personal information is not used or subject to further unauthorized disclosure. (b) (1) If a unit that collects computerized data that includes personal information of an individual discovers or is notified of a breach of the security of a system, the unit shall conduct in good faith a reasonable and prompt investigation to determine whether the unauthorized acquisition of personal information of the individual has resulted in or is likely to result in the misuse of the information. (2) (i) Except as provided in subparagraph (ii) of this paragraph, if after the investigation is concluded, the unit determines that the misuse of the individual’s personal information has occurred or is likely to occur, the unit or the nonaffiliated third party, if authorized under a written contract or agreement with the unit, shall notify the individual of the breach. (ii) Unless the unit or nonaffiliated third party knows that the encryption key has been broken, a unit or the nonaffiliated third party is not required to notify an individual under subparagraph (i) of this paragraph if: 1. the personal information of the individual was secured by encryption or redacted; and 2. the encryption key has not been compromised or disclosed. (3) Except as provided in subsection (d) of this section, the notification required under paragraph (2) of this subsection shall be given as soon as reasonably practicable after the unit conducts the investigation required under paragraph (1) of this subsection. (4) If, after the investigation required under paragraph (1) of this subsection is concluded, the unit determines that notification under paragraph (2) of this subsection is not required, the unit shall maintain records that reflect its determination for 3 years after the determination is made. (c) (1) A nonaffiliated third party that maintains computerized data that includes personal information provided by a unit shall notify the unit of a breach of the security of a system if the unauthorized acquisition of the individual’s personal information has occurred or is likely to occur. (2) Except as provided in subsection (d) of this section, the notification required under paragraph (1) of this subsection shall be given as soon as reasonably practicable after the nonaffiliated third party discovers or is notified of the breach of the security of a system. (3) A nonaffiliated third party that is required to notify a unit of a breach of the security of a system under paragraph (1) of this subsection shall share with the unit information relating to the breach. (d) (1) The notification required under subsection (b) of this section may be delayed: (i) if a law enforcement agency determines that the notification will impede a criminal investigation or jeopardize homeland or national security; or (ii) to determine the scope of the breach of the security of a system, identify the individuals affected, or restore the integrity of the system. (2) If notification is delayed under paragraph (1)(i) of this subsection, notification shall be given as soon as reasonably practicable after the law enforcement agency determines that the notification will not impede a criminal investigation and will not jeopardize homeland or national security. (e) The notification required under subsection (b) of this section may be given: (1) by written notice sent to the most recent address of the individual in the records of the unit; (2) by electronic mail to the most recent electronic mail address of the individual in the records of the unit if: (i) the individual has expressly consented to receive electronic notice; or (ii) the unit conducts its duties primarily through Internet account transactions or the Internet; (3) by telephonic notice, to the most recent telephone number of the individual in the records of the unit; or (4) by substitute notice as provided in subsection (f) of this section if: (i) the unit demonstrates that the cost of providing notice would exceed $100,000 or that the affected class of individuals to be notified exceeds 175,000; or (ii) the unit does not have sufficient contact information to give notice in accordance with item (1), (2), or (3) of this subsection. (f) Substitute notice under subsection (e)(4) of this section shall consist of: (1) electronically mailing the notice to an individual entitled to notification under subsection (b) of this section if the unit has an electronic mail address for the individual to be notified; (2) conspicuous posting of the notice on the website of the unit if the unit maintains a website; and (3) notification to appropriate media. (g) The notification required under subsection (b) of this section shall include: (1) to the extent possible, a description of the categories of information that were, or are reasonably believed to have been, acquired by an unauthorized person, including which of the elements of personal information were, or are reasonably believed to have been, acquired; (2) contact information for the unit making the notification, including the unit’s address, telephone number, and toll–free telephone number if one is maintained; (3) the toll–free telephone numbers and addresses for the major consumer reporting agencies; and (4) (i) the toll–free telephone numbers, addresses, and website addresses for: 1. the Federal Trade Commission; and 2. the Office of the Attorney General; and (ii) a statement that an individual can obtain information from these sources about steps the individual can take to avoid identity theft. (h) (1) Before giving the notification required under subsection (b) of this section, a unit shall provide notice of a breach of the security of a system to the Office of the Attorney General. (2) In addition to the notice required under paragraph (1) of this subsection, a unit, as defined in § 10–1301(f)(1) of this subtitle, shall provide notice of a breach of security to the Department of Information Technology. (i) A waiver of any provision of this section is contrary to public policy and is void and unenforceable. (j) Compliance with this section does not relieve a unit from a duty to comply with any other requirements of federal law relating to the protection and privacy of personal information.

Md. Code, State Government § 10-1307

(a) If a unit is required under § 10–1305 of this subtitle to give notice of a breach of the security of a system to 1,000 or more individuals, the unit also shall notify, without unreasonable delay, each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis, as defined by 15 U.S.C. § 1681a(p), of the timing, distribution, and content of the notices. (b) This section does not require the inclusion of the names or other personal identifying information of recipients of notices of the breach of the security of a system.

Md. Code, State Government § 10-1308

A unit or nonaffiliated third party that complies with § 501(b) of the federal Gramm–Leach–Bliley Act; 15 U.S.C. § 6801, § 216 of the federal Fair and Accurate Credit Transactions Act; 15 U.S.C. § 1681w Disposal of Records; the federal Interagency Guidelines Establishing Information Security Standards; and the federal Interagency Guidance on Response Programs for Unauthorized Access to Customer Information and Customer Notice; and any revisions, additions, or substitutions of those enactments, shall be deemed to be in compliance with this subtitle.

Md. Code, State Government § 10-1401

(a) In this subtitle the following words have the meanings indicated. (b) “Drug crime” means: (1) a violation of Title 5 of the Criminal Law Article; (2) a violation of Title 12 of the Criminal Procedure Article; or (3) a violation of the law of any other jurisdiction if the prohibited conduct would be a violation of Title 5 of the Criminal Law Article or Title 12 of the Criminal Procedure Article if committed in the State. (c) (1) “License” means a license, permit, certification, registration, or other legal authorization: (i) issued or granted to an individual by a licensing authority; and (ii) required for engaging in employment, an occupation, or a profession. (2) “License” includes a commercial driver’s license issued under Title 16, Subtitle 8 of the Transportation Article. (3) Except as provided in paragraph (2) of this subsection, “license” does not include: (i) a license to drive a motor vehicle issued by the Motor Vehicle Administration under Title 16 of the Transportation Article; or (ii) the registration of an agent, issuer agent, or investment advisor representative under the Maryland Securities Act and regulations adopted under that Act. (d) “Licensee” means a holder of a license issued by a licensing authority. (e) “Licensing authority” means an agency of the State that issues a license.

Md. Code, State Government § 10-1402

(a) Except as provided in subsection (d) of this section, as a condition on the issuance or renewal of a license, a licensing authority may require an individual applying for a license to disclose whether the individual has been convicted of a drug crime committed on or after January 1, 1991. (b) Subject to § 10–1405 of this subtitle, if an individual applying for a license has been convicted of a drug crime committed on or after January 1, 1991, a licensing authority may: (1) refuse to issue a license to the individual; or (2) issue a license to the individual subject to any terms and conditions that the licensing authority considers appropriate under § 10–1404 of this subtitle. (c) A licensing authority may suspend or revoke a licensee’s license if the licensee fails to disclose information that the licensing authority requires under subsection (a) of this section, unless the licensee shows good cause for the failure to disclose. (d) If a licensing authority, on or before January 1, 1990, required an applicant for an initial license or a license renewal to disclose a criminal record or prior offense related to a controlled dangerous substance, this section may not be construed to prohibit the licensing authority from: (1) continuing to require an applicant to disclose a criminal record or prior offense related to a controlled dangerous substance, regardless of the date of the offense; and (2) taking any action authorized by law, including refusing to issue a license, if the applicant: (i) discloses a criminal record or prior offense related to a controlled dangerous substance; or (ii) wrongfully conceals a criminal record or prior offense related to a controlled dangerous substance.

Md. Code, State Government § 10-1403

Subject to § 10–1405 of this subtitle, if a licensing authority receives notification under § 5–810 of the Criminal Law Article that a licensee has been convicted of a drug crime committed on or after January 1, 1991, the licensing authority may: (1) (i) reprimand the licensee; (ii) place the licensee on probation for a reasonable period of time; or (iii) suspend or revoke the license; (2) assess the licensee, in accordance with applicable regulations, all or part of the cost of any disciplinary proceeding and sanction; or (3) impose any other sanction or take any other action authorized by law.

Md. Code, State Government § 10-1404

(a) If a licensee is placed on probation under § 10–1402 or § 10–1403 of this subtitle, the licensing authority may: (1) require the licensee to submit to periodic drug testing during the period of probation; (2) require the licensee to participate in appropriate counseling or treatment; and (3) impose any other reasonable term or condition of probation. (b) If a licensee who is on probation violates any condition of probation, the licensing authority may: (1) revoke the probation; (2) suspend or revoke the licensee’s license; or (3) impose additional terms of probation.

Md. Code, State Government § 10-1405

(a) (1) Except as provided in paragraph (2) of this subsection, a licensing authority shall comply with Subtitle 2 of this title before taking any action under this subtitle: (i) in regard to an initial license application or an application for a license renewal; or (ii) against a licensee. (2) The Maryland Rules shall govern in the case of a lawyer or an applicant for admission to the bar. (b) In deciding whether to deny an application for a license or whether to impose license sanctions against a licensee and the nature of the sanctions, a licensing authority shall consider: (1) the relationship between the drug crime and the license, including: (i) the licensee’s ability to perform the tasks authorized by the license; and (ii) whether the public will be protected if: 1. in the case of an applicant, the license is issued; or 2. in the case of a licensee, the license is not suspended or revoked; (2) the nature and circumstances of the drug crime; (3) the date of the drug crime, if an individual is applying for a license or license renewal; and (4) any other relevant information. (c) If a licensing authority decides that sanctions against a licensee may be appropriate, before imposing sanctions the licensing authority: (1) shall consider the impact any sanctions may have on third persons; and (2) to protect the rights of innocent third persons, may take any action that is in the interests of justice and that is not inconsistent with this subtitle. (d) If a licensing authority decides to suspend or revoke a license, the licensing authority may grant the licensee a reasonable time period to complete any existing contracts.

Md. Code, State Government § 10-1406

(a) If an individual who is convicted of a drug crime committed on or after January 1, 1991, holds a commercial driver’s license, the Motor Vehicle Administration may disqualify the individual from driving a commercial motor vehicle or take any other action authorized under this subtitle. (b) If the Motor Vehicle Administration disqualifies an individual from driving a commercial motor vehicle under this subtitle, the Motor Vehicle Administration shall issue a noncommercial driver’s license to the individual if: (1) the individual surrenders the commercial driver’s license; and (2) the individual’s driving privilege is not otherwise refused, suspended, revoked, or canceled in the State or any other state. (c) This section may not be construed to limit the authority of the Motor Vehicle Administration to disqualify an individual from driving a commercial motor vehicle or taking any other action required or authorized under the Maryland Vehicle Law.

Md. Code, State Government § 10-1501

(a) In this subtitle the following words have the meanings indicated. (b) “Council” means the Council on Open Data. (c) (1) “Data” means final versions of statistical or factual information that: (i) are in alphanumeric or geospatial form reflected in a list, table, graph, chart, map, or other nonnarrative format that can be digitally transmitted or processed; (ii) are regularly created or maintained by or on behalf of a governmental entity; and (iii) record a measurement, transaction, or determination or provide information on government services, initiatives, and resources related to the mission of the covered governmental entity. (2) “Data” does not include draft versions of statistical or factual information that are used for internal analysis by a governmental entity. (d) “Data portal” means a website where governmental entities can post data sets and other data as identified by the Council. (e) “Data set” means a named collection of related records maintained on a storage device, with the collection containing data organized or formatted in a specific or prescribed way. (f) “Governmental entity” means a State or local entity. (g) (1) “Local entity” means a county, municipal corporation, bicounty or multicounty agency, public authority, special taxing district, or other political subdivision or unit of a political subdivision of this State. (2) “Local entity” includes boards of education and library boards that receive funding from the State. (h) “Mapping and geographic information systems portal” means a website that provides: (1) data regarding services provided by and policy initiatives of governmental entities; and (2) other data provided in geospatial form as identified by the Council. (i) (1) “Open data” means data that, consistent with any applicable laws, rules, regulations, ordinances, resolutions, policies, or other restrictions including requirements or rights associated with the data, a State entity: (i) has collected; and (ii) is permitted, required, or able to make available to the public. (2) “Open data” includes contractual or other legal orders, restrictions, or requirements. (3) “Open data” does not include data that if made public would: (i) violate another law or regulation that prohibits the data from being made public; (ii) endanger the public health, safety, or welfare; (iii) hinder the operation of government, including criminal and civil investigations; (iv) impose an undue financial, operational, or administrative burden on a State entity; or (v) disclose proprietary or confidential information. (j) “Open data portal” means a mapping and geographic information systems portal or data portal. (k) “State entity” means a department, a board, a commission, an agency, or a subunit in the Executive Branch of State government.

Md. Code, State Government § 10-1502

It is the policy of the State that open data be machine readable and released to the public in ways that make the data easy to find, accessible, and usable, including through the use of open data portals.

Md. Code, State Government § 10-1503

(a) There is a Council on Open Data. (b) The Council consists of the following 37 members: (1) the Secretary of Agriculture; (2) the Secretary of the Environment; (3) the Secretary of Natural Resources; (4) the Secretary of Planning; (5) the Secretary of Transportation; (6) the Secretary of Housing and Community Development; (7) the Secretary of Commerce; (8) the Secretary of General Services; (9) the State Superintendent of Schools; (10) the Secretary of Health; (11) the Secretary of Information Technology; (12) the Secretary of Public Safety and Correctional Services; (13) the Secretary of State Police; (14) the Director of Assessments and Taxation; (15) the Secretary of Budget and Management; (16) the Adjutant General of the Military Department; (17) the Secretary of Emergency Management; (18) the Secretary of Labor; (19) the Secretary of Human Services; (20) the Director of the Governor’s Office of Performance Improvement; (21) the Governor’s Homeland Security Advisor; (22) the Executive Director of the Governor’s Office of Crime Prevention and Policy; (23) the Executive Director of the Maryland Institute for Emergency Medical Services Systems; (24) the Executive Director of the Department of Legislative Services; (25) the State Archivist; (26) one member of the Senate of Maryland, appointed by the President of the Senate; (27) one member of the House of Delegates of Maryland, appointed by the Speaker of the House; (28) five elected officials or employees from local entities who have knowledge of and interest in open data, appointed by the Governor in accordance with subsections (d) and (e) of this section; and (29) five members from the private, private utility, academic, or nonprofit sectors who have knowledge of and interest in open data, appointed by the Governor in accordance with subsection (e) of this section. (c) If a member of the Council listed in subsection (b)(1) through (24) of this section is unable to attend a meeting of the Council, the member may designate the Chief Information Officer or another senior management staff member of the agency or organization to attend the meeting. (d) Of the five elected officials or employees from local entities appointed by the Governor under subsection (b)(28) of this section, one shall represent each of the following groups of counties: (1) Allegany County, Frederick County, Garrett County, and Washington County; (2) Caroline County, Cecil County, Dorchester County, Kent County, Queen Anne’s County, Somerset County, Talbot County, Wicomico County, and Worcester County; (3) Anne Arundel County, Calvert County, Charles County, and St. Mary’s County; (4) Montgomery County and Prince George’s County; and (5) Baltimore City, Baltimore County, Carroll County, Harford County, and Howard County. (e) (1) This subsection applies to members of the Council appointed under subsection (b)(28) and (29) of this section. (2) The term of a member is 4 years, except that five members may serve an initial 3–year term as required by the terms provided for staggered members of the Council on July 1, 2014. (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. (5) A member may not serve more than two consecutive terms. (6) The Governor may remove a member for neglect of duty, incompetence, or misconduct. (f) A member of the Council may not receive compensation but is entitled to reimbursement for expenses under the Standard State Travel Regulations as provided in the State budget. (g) (1) The Secretary of Information Technology is the Chair of the Council. (2) The Director of the Governor’s Office of Performance Improvement is the Vice Chair of the Council. (h) The staffing responsibilities of the Council shall be shared by the Department of Information Technology, the Governor’s Office of Performance Improvement, and any other staff designated by the Governor. (i) The Council may establish workgroups as necessary to complete the duties of the Council. (j) The Council shall meet at least twice each year.

Md. Code, State Government § 10-1504

(a) The Council shall promote the policy established under § 10–1502 of this subtitle by: (1) providing guidance and policy recommendations and when appropriate recommend legislation and regulations for: (i) procedures, standards, and other deliverables for open data, including for open data portals; (ii) promotion, advertising, and marketing of open data; and (iii) best practices for sharing open data while taking into account privacy and security concerns; (2) coordinating the appropriate staff at each State entity for the development, maintenance, and use of open data and open data portals; (3) (i) identifying the collective cost of operating and investing in open data and funding mechanisms to support open data; and (ii) advising the Governor and General Assembly on budget matters related to open data; (4) inviting and encouraging local entities and the legislative and judicial branches to: (i) use open data portals established by State entities; (ii) create their own open data portals; and (iii) adopt policies consistent with the policy established under § 10–1502 of this subtitle; (5) establishing a plan for providing all open data to the public at no cost; (6) advocating for sound records management and data preservation practices; and (7) making recommendations to ensure that the purchase of new data processing devices, systems, and software by the State includes a review of compliance with the open data policy established under § 10–1502 of this subtitle and interoperability with current technology used by the State. (b) On or before January 10 of each year, the Council shall report to the Governor and the General Assembly, in accordance with § 2–1257 of this article, on the activities of the Council for the previous year and any recommendations for legislation.

Md. Code, State Government § 10-1601

(a) In this subtitle the following words have the meanings indicated. (b) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (c) “Legal material” means, whether or not in effect, the following: (1) the Maryland Constitution; (2) the Session Laws; (3) the Code of Maryland; (4) the Maryland Rules; (5) the Journal of the Senate of Maryland; (6) the Journal of the House of Delegates of Maryland; (7) a reported decision of: (i) the Supreme Court of Maryland; or (ii) the Appellate Court of Maryland; (8) an opinion issued by the Office of the Attorney General; (9) the Code of Maryland Regulations; (10) a final decision in a contested case issued by a unit of State government under the Administrative Procedure Act; or (11) the Maryland Register. (d) “Official publisher” means: (1) for the Maryland Constitution, the Department of Legislative Services; (2) for the Session Laws, the Department of Legislative Services; (3) for the Code of Maryland, the Department of Legislative Services; (4) for the Maryland Rules, the Supreme Court of Maryland; (5) for the Journal of the Senate of Maryland, the Department of Legislative Services; (6) for the Journal of the House of Delegates of Maryland, the Department of Legislative Services; (7) for a reported decision of a court listed in subsection (c)(7) of this section, the Supreme Court of Maryland; (8) for an opinion issued by the Office of the Attorney General, the Office of the Attorney General; (9) for the Code of Maryland Regulations, the Division of State Documents; (10) for a final decision in a contested case, the unit of State government that issued the decision; or (11) for the Maryland Register, the Division of State Documents. (e) “Publish” means to display, present, or release to the public, or cause to be displayed, presented, or released to the public, by the official publisher. (f) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (g) “Unit” means an executive agency, a department, a board, a commission, or any other instrumentality of the State.

Md. Code, State Government § 10-1602

This subtitle applies to all legal material in an electronic record that is: (1) designated as official under § 10–1603 of this subtitle; and (2) first published electronically on or after October 1, 2017.

Md. Code, State Government § 10-1603

(a) If an official publisher publishes legal material only in an electronic record, the official publisher shall: (1) designate the electronic record as official; and (2) comply with §§ 10–1604, 10–1606, and 10–1607 of this subtitle. (b) An official publisher that publishes legal material in an electronic record and in a record other than an electronic record may designate the electronic record as official if the publisher complies with §§ 10–1604, 10–1606, and 10–1607 of this subtitle.

Md. Code, State Government § 10-1604

(a) An official publisher of legal material in an electronic record that is designated as official under § 10–1603 of this subtitle shall authenticate the electronic record. (b) To authenticate an electronic record under subsection (a) of this section, the official publisher shall provide a method for a user to determine that the electronic record received by the user from the official publisher is unaltered from the official electronic record published by the official publisher.

Md. Code, State Government § 10-1605

(a) Legal material in an electronic record that is authenticated under § 10–1604 of this subtitle is presumed to be an accurate copy of the legal material. (b) If another state has adopted a law substantially similar to this subtitle, legal material in an electronic record that is designated as official and authenticated by the official publisher in that state is presumed to be an accurate copy of the legal material. (c) A party contesting the authentication of legal material in an electronic record authenticated under § 10–1604 of this subtitle has the burden of proving by a preponderance of the evidence that the record is not authentic.

Md. Code, State Government § 10-1606

(a) An official publisher of legal material in an electronic record that is or was designated as official under § 10–1603 of this subtitle shall provide for the preservation and security of the record in an electronic form or a form that is not electronic. (b) If legal material is preserved under subsection (a) of this section in an electronic record, the official publisher shall: (1) ensure the integrity of the record; (2) provide for backup and disaster recovery of the record; (3) ensure the continuing usability of the material; and (4) deliver a copy to the State Archives.

Md. Code, State Government § 10-1607

An official publisher of legal material in an electronic record that is or was designated as official under § 10–1603 of this subtitle shall ensure that the legal material is reasonably available for use by the public on a permanent basis.

Md. Code, State Government § 10-1608

In implementing this subtitle, an official publisher of legal material in an electronic record shall consider: (1) standards and practices of other jurisdictions; (2) the most recent standards regarding the authentication of, preservation and security of, and public access to legal material in an electronic record and other electronic records, as adopted by national standard–setting bodies; (3) the needs of users of legal material in an electronic record; (4) the view of governmental officials and entities and other interested persons; and (5) to the extent practicable, methods and technologies for the authentication of, preservation and security of, and public access to legal material that are compatible with methods and technologies used by other official publishers in the State and in other states that have adopted a law substantially similar to this subtitle.

Md. Code, State Government § 10-1609

In applying and construing this subtitle, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact laws substantially similar to this subtitle.

Md. Code, State Government § 10-1610

(a) Except as provided in subsection (b) of this section, this subtitle modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act. (b) This subtitle does not: (1) modify, limit, or supersede 15 U.S.C. § 7001(c); or (2) authorize electronic delivery of any of the notices described in 15 U.S.C. § 7003(b).

Md. Code, State Government § 10-1701

(a) In this section, “member” means an individual appointed for a fixed term to a board, committee, commission, task force, or workgroup created by State law. (b) This section does not apply to the removal or suspension of a member from: (1) a standing committee, as defined in § 2–101 of this article; or (2) a committee established under Title 2 of this article. (c) Except as otherwise provided by law, a member of a board, committee, commission, task force, or workgroup created by State law may be removed or suspended for misconduct, incompetence, neglect of duties, or other good cause by the individual or entity that appointed the member. (d) (1) Except as provided in paragraph (2) of this subsection, an individual or entity that appointed a member may remove or suspend the member in accordance with subsection (c) of this section only after: (i) consultation with the chair of the board, committee, commission, task force, or workgroup; and (ii) the member has been given notice and an opportunity to be heard regarding the reason for removal or suspension. (2) The requirements of paragraph (1)(i) of this subsection do not apply if the member being removed or suspended is the chair of the board, committee, commission, task force, or workgroup. (e) Nothing in this section is intended to limit the rights of a member to express the member’s views on matters of public concern to the fullest extent protected for a public official, as defined in § 5–101 of the General Provisions Article, by the U.S. Constitution or by the Maryland Constitution.

Md. Code, State Government § 10-1702

(a) (1) In this section the following words have the meanings indicated. (2) “Governmental entity” means a unit or instrumentality of State or local government. (3) “Personal record” has the meaning stated in § 4–501 of the General Provisions Article. (b) (1) Subject to paragraph (2) of this subsection, on or before July 1, 2026, each governmental entity, in consultation with the Department of Information Technology, shall develop and publish procedures that prevent the sale and redisclosure of personal records and geolocation data provided or made available by the governmental entity in a way that harms the privacy of residents of the State. (2) The procedures required and published under paragraph (1) of this subsection shall address: (i) any possible contractual limitations on the sale or redisclosure of personal records or geolocation data that a governmental entity may place on a person who receives personal records or geolocation data that are provided or made available by the governmental entity; (ii) considerations regarding: 1. the threat to privacy posed by data brokers who utilize personal records or geolocation data for commercial purposes; 2. the risk that personal records or geolocation data may be used for purposes other than the purposes for which the personal records or geolocation data were developed or collected; and 3. geolocation, genetic, and other sensitive data; and (iii) any other considerations necessary to: 1. protect the privacy of residents of the State; 2. discourage the development of a secondary commercial market for personal records or geolocation data that are provided or made available by a governmental entity; and 3. limit a person who receives personal records or geolocation data that are provided or made available by a governmental entity from selling or redisclosing the data with other persons. (c) On or before July 1, 2026, each governmental entity shall, in accordance with § 2–1257 of this article, submit to the General Assembly a copy of the procedures developed under subsection (b) of this section.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026