Maryland Land Surveying Licensing Law
Maryland Code · 53 sections
The following is the full text of Maryland’s land surveying licensing law statutes as published in the Maryland Code. For the official version, see the Maryland Legislature.
Md. Code, Bus. Occ. & Prof. GBO 1-301
§1–301.
(a) “Authorized person” means:
(1) a professional engineer who is licensed under Title 14 of this article;
(2) a professional land surveyor who is licensed under Title 15 of this article; or
(3) an authorized representative of the professional engineer or the professional land surveyor who is executing a survey.
(b) If entry is for the purpose of using the horizontal or vertical position data in controlling surveys of land for cadastral purposes or for other private or public engineering purposes, an authorized person may enter on any private land on which there is a marked survey station for which the horizontal or vertical position has been determined:
(1) by or under the direction of the National Geodetic Survey;
(2) as a part of the Maryland coordinate system; or
(3) by or under the direction of any other organization whose survey stations have been established by or in accordance with the requirements of the State agency authorized to administer the Maryland coordinate system.
Md. Code, Bus. Occ. & Prof. GBO 1-302
§1–302.
(a) An authorized person may not unnecessarily damage the property on which a survey station stands.
(b) (1) Prior to entry on the property, an authorized person and the owner of the property shall agree on the amount to be paid for any damage to the property.
(2) On the completion of the work at the survey station, the authorized person shall promptly reimburse the owner of the property for any damage done to the property by the authorized person who entered on the property.
(c) If, prior to entry on the property, the authorized person and the owner of the property have not agreed on the amount to be paid for any damage to the property, the authorized person shall file a surety bond in the circuit court of the county in which the property is located in an amount to be approved by the court, conditioned on the payment of all damages and costs as provided under subsection (d) of this section.
(d) (1) The circuit court shall appoint three appraisers who are residents of the county in which the property is located to determine the amount to be paid for any damage to the property.
(2) The proceedings for the ascertainment of damages shall be in accordance with the provisions of Title 8, Subtitle 3 of the Transportation Article relating to the acquisition of private property for a public purpose.
Md. Code, Bus. Occ. & Prof. GBO 1-304
§1–304.
(a) This section applies to any survey station established by or under the direction of:
(1) the National Geodetic Survey;
(2) the State agency administering the Maryland coordinate system;
(3) any other organization whose survey stations have been established by or in accordance with the requirements of the State agency authorized to administer the Maryland coordinate system; or
(4) any other State, municipal, or county agency.
(b) Any person who willfully injures, defaces, or destroys the mark or monument at any survey station described in subsection (a) of this section or offers any obstacles to the proper, reasonable, and legal use of the station is guilty of a misdemeanor and on conviction shall be sentenced to pay a fine not to exceed $250 for each offense and costs, or shall be imprisoned for a term of not less than 6 months, or both.
Md. Code, Bus. Occ. & Prof. GBO 13-101
§13–101.
(a) In this title the following words have the meanings indicated.
(b) “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(c) “Certification card” means a card issued by the Secretary under § 13-406 of this title to an individual certified as a private detective.
(d) “Firm” means a partnership or corporation.
(e) “Firm member” means a partner of a partnership or an officer or director of a corporation.
(f) “License” means, unless the context requires otherwise, a license issued by the Secretary to conduct a business to provide private detective services.
(g) “Licensed private detective agency” means, unless the context requires otherwise, a person who is licensed by the Secretary to conduct a business that provides private detective services.
(h) “Private detective” means an individual who personally provides private detective services.
(i) “Private detective agency” means a person who conducts a business that provides private detective services.
(j) (1) “Provide private detective services” means to provide, for compensation, the service of:
(i) conducting an investigation that concerns:
1. a crime or wrong committed, assumed to have been committed, or threatened to be committed;
2. the identity, habits, conduct, movement, location, affiliations, associations, transactions, reputation, or character of any person;
3. the credibility of a witness or of any other individual;
4. the location of a missing individual;
5. the location or recovery of lost or stolen property;
6. the origin or cause of or responsibility for:
A. a fire;
B. an accident;
C. any damage to or loss of property; or
D. an injury to an individual;
7. the affiliation, connection, or relation of any person with an organization or other person; or
8. the activities, conduct, efficiency, loyalty, or honesty of any employee, agent, contractor, or subcontractor;
(ii) securing evidence for use before any investigating committee, board of award, or board of arbitration or for use in the trial of any civil or criminal cause;
(iii) nonuniformed personal protection; or
(iv) conducting an investigation to locate or apprehend a fugitive from justice, unless the person:
1. conducting the investigation is a property bail bondsman or licensed by the Insurance Commissioner of the State or a similar licensing body of another state as a bail bondsman;
2. is an employee of a property bail bondsman or a licensed bail bondsman for the purpose of locating or apprehending fugitives from justice; or
3. is authorized as an agent by a property bail bondsman or licensed bail bondsman in advance of the apprehension of a fugitive from justice.
(2) “Provide private detective services” does not include:
(i) performing any activity of a person who is engaged exclusively in the business of making investigations and reports that relate to the financial standing, creditworthiness, or financial responsibility of any person;
(ii) performing any activity of a person who is engaged exclusively in the business of making a report for an insurance or credit purpose, except if the making of the report involves an investigation or surveillance of a sort normally performed by a person who otherwise is subject to this title;
(iii) monitoring an electronically controlled burglar or fire alarm system with a central unit; or
(iv) making a marketing survey.
(k) “Representative member” means a firm member who is appointed under § 13-302(b) of this title to act on behalf of the firm.
(l) “Secretary” means the Secretary of State Police.
Md. Code, Bus. Occ. & Prof. GBO 14-101
§14–101.
(a) In this title the following words have the meanings indicated.
(b) “Affiliate” means a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, a permit holder.
(c) “Board” means the State Board for Professional Engineers.
(d) “Council” means the National Council of Examiners for Engineering and Surveying.
(e) “Design coordination” means the review and coordination of services provided by individuals licensed or certified under Titles 3, 8, 9, 14, and 15 of this article.
(f) “License” means, unless the context requires otherwise, a license issued by the Board to practice engineering.
(g) “License fee” means, as applicable, the fee paid in connection with the issuance and renewal of a license and the issuance of a reciprocal license.
(h) “Managing agent” means a professional engineer designated as the managing agent by a permit holder under § 14–403 of this title.
(i) “Permit” means, unless the context requires otherwise, a permit issued by the Board to allow a corporation, partnership, or limited liability company to operate a business through which one or more professional engineers may practice engineering.
(j) (1) “Practice engineering” means to provide any service or creative work the performance of which requires education, training, and experience in the application of:
(i) special knowledge of the mathematical, physical, and engineering sciences; and
(ii) the principles and methods of engineering analysis and design.
(2) In regard to a building or other structure, machine, equipment, process, works, system, project, or public or private utility, “practice engineering” includes:
(i) consultation;
(ii) design;
(iii) evaluation;
(iv) inspection of construction to ensure compliance with specifications and drawings;
(v) investigation;
(vi) planning; and
(vii) design coordination.
(3) “Practice engineering” does not include the exclusive and sole performance of nontechnical management activities.
(k) “Professional engineer” means, unless the context requires otherwise, an engineer who is licensed by the Board to practice engineering.
(l) (1) “Responsible charge” means direct control and personal supervision of engineering that requires initiative, professional skill, and independent judgment.
(2) “Responsible charge” includes responsible engineering teaching.
Md. Code, Bus. Occ. & Prof. GBO 14-204.1
§14–204.1.
At least annually, the chairman of the Board, the chairman of the State Board of Architects, the chairman of the State Board of Certified Interior Designers, the chairman of the State Board of Examiners of Landscape Architects, and the chairman of the State Board for Professional Land Surveyors shall meet to discuss issues of mutual importance to the design professions.
Md. Code, Bus. Occ. & Prof. GBO 14-208.1
§14–208.1.
(a) In this section, “code official” means a public official responsible for the review of building permit documents or the issuance of building permits.
(b) The Board shall:
(1) keep a list of the names and mailing addresses of all licensees and certificate holders;
(2) provide each code official with a copy of the list annually; and
(3) provide any other person who makes a request with a copy of the list at a reasonable fee set by the Board.
(c) (1) The Board shall provide all licensees, certificate holders, and code officials with a periodic newsletter not less than semiannually on the activities of the Board.
(2) The Board shall publish, on the Department website, the newsletter jointly with the State Board of Architects, the State Board of Examiners of Landscape Architects, the State Board of Certified Interior Designers, and the State Board for Professional Land Surveyors.
(d) The Board shall distribute:
(1) to each applicant for a license or a certificate and each code official, a copy of the Maryland Professional Engineers Act and the Board’s rules and regulations;
(2) on each renewal of a license or certificate, to each licensee or certificate holder, a copy of any amendments to the Maryland Professional Engineers Act and the Board’s rules and regulations that took effect during the 2-year period ending on the date of renewal; and
(3) to each code official, a copy of any amendments to the Maryland Professional Engineers Act and the Board’s rules and regulations.
(e) A licensee or certificate holder shall designate the licensee’s or certificate holder’s mailing address at the time of issuance of the license or certificate and on each renewal of the license or certificate.
Md. Code, Bus. Occ. & Prof. GBO 15-101
§15–101.
(a) In this title the following words have the meanings indicated.
(b) “Board” means the State Board for Professional Land Surveyors.
(c) “Council” means the National Council of Examiners for Engineering and Surveying.
(d) “Design coordination” means the review and coordination of services provided by individuals licensed or certified under Titles 3, 8, 9, 14, and 15 of this article.
(e) “Land surveyor” means an individual who practices land surveying.
(f) (1) “License” means, unless the context requires otherwise, a license issued by the Board to practice:
(i) land surveying; or
(ii) property line surveying.
(2) “License” includes, unless the context requires otherwise:
(i) a license to practice land surveying; and
(ii) a license to practice property line surveying.
(g) “License fee” means, as applicable, the fee paid in connection with the issuance and renewal of a license and the issuance of a limited license, temporary license, and reciprocal license.
(h) “Licensed property line surveyor” means, unless the context requires otherwise, a property line surveyor who is licensed by the Board to practice property line surveying.
(i) “Permit” means, unless the context requires otherwise, a permit issued by the Board to allow a corporation or partnership to operate a business through which an individual may practice land surveying or property line surveying.
(j) “Permit fee” means, as applicable, the fee paid in connection with the issuance and renewal of a permit.
(k) (1) “Practice land surveying” means providing or offering to provide professional services that require the application of special knowledge of the principles of mathematics, the related physical and applied sciences, and the requirements of the relevant law to authoritatively determine, regardless of the technology or method used, the accurate and precise location of a feature, object, or boundary of real property with reference to the surface of the earth, space above the surface of the earth, or underground.
(2) “Practice land surveying” includes:
(i) measuring, platting, and locating lines, angles, elevations, natural or artificial features in the air, on the surface of the earth, in underground work, and on the beds of bodies of water for the purpose of determining and reporting positions, topography, areas, and volumes;
(ii) the describing, platting or replatting, establishing or reestablishing, locating or relocating, or setting or resetting the monumentation for boundaries of real property, easements, or rights–of–way;
(iii) platting, layout, and preparation of surveys, plats, plans, and drawings, including:
1. site plans;
2. subdivision plans;
3. subdivision plats;
4. condominium plats;
5. right–of–way and easement plats; and
6. other recordable plats;
(iv) conducting horizontal and vertical control surveys, layout or stake–out of proposed construction, and the preparation and platting of as–constructed surveys;
(v) utilizing measurement devices or systems, such as aerial photogrammetry, global positioning systems, land information systems, geographic information systems, or similar technology for evaluation or location of boundaries of real property, easements, or rights–of–way; and
(vi) in conjunction with the site development or subdivision of land, the preparation and design of plans for the following projects, provided that such preparation and design are in accordance with design manuals, details, and standards accepted by the State or local authority:
1. road and street grades;
2. sediment and erosion control measures;
3. nonpressurized closed storm drainage and stormwater management systems; and
4. open conduit storm drainage and stormwater management systems.
(3) “Practice land surveying” does not include the design, preparation, or specifications for:
(i) community water or wastewater treatment collection or distribution systems;
(ii) community pumping or lift stations; or
(iii) geotechnical or structural design components of sediment control or stormwater management ponds or basins.
(l) (1) “Practice property line surveying” means to practice land surveying, except for the services excluded under paragraph (2) of this subsection.
(2) “Practice property line surveying” does not include the performance of the services described in subsection (k)(1)(vi) of this section.
(m) “Professional land surveyor” means, unless the context requires otherwise, a land surveyor who is licensed by the Board to practice land surveying.
(n) “Property line surveyor” means an individual who practices property line surveying.
(o) “Responsible charge” means direct control and personal direction of the investigation, design, construction, or operation of land surveying work that requires initiative, professional skill, and independent judgment.
Md. Code, Bus. Occ. & Prof. GBO 15-102
§15–102.
(a) A professional land surveyor may render or offer to render land surveying services described in § 15–101(j) of this subtitle.
(b) A licensed property line surveyor may render or offer to render property line surveying services described in § 15–101(k) of this subtitle.
(c) A professional land surveyor or a property line surveyor, as applicable, may perform design coordination for a project or portion of a project provided that the professional land surveyor or the property line surveyor:
(1) holds a current license issued by the Board; and
(2) has adequate experience in, and understanding of, achieving the purpose of the project or portion of the project being coordinated.
Md. Code, Bus. Occ. & Prof. GBO 15-202
§15–202.
(a) (1) The Board consists of 6 members.
(2) Of the 6 members of the Board:
(i) 3 shall be professional land surveyors;
(ii) 1 shall be a licensed property line surveyor or a professional land surveyor; and
(iii) 2 shall be consumer members.
(3) The Governor shall appoint the members with the advice of the Secretary and with the advice and consent of the Senate.
(4) The Governor may appoint each of the professional members from a list of at least 3 names submitted to the Secretary by the Maryland Society of Surveyors.
(b) Each consumer member of the Board:
(1) shall be a member of the general public;
(2) may not be a licensee or otherwise be subject to regulation by the Board;
(3) may not be required to meet the qualifications for the professional members of the Board; and
(4) may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Board.
(c) While a member of the Board, a consumer member may not:
(1) have a financial interest in or receive compensation from a person regulated by the Board; or
(2) grade any examination given by or for the Board.
(d) Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
(e) (1) The term of a member is 5 years and begins on July 1.
(2) The terms of members are staggered as required by the terms provided for members of the Board on October 1, 1989.
(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.
(f) (1) The Governor may remove a member for incompetence, misconduct, neglect of duties, or other good cause.
(2) Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the Board meetings held during any consecutive 12–month period while the member was serving on the Board.
(3) The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.
(4) In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.
Md. Code, Bus. Occ. & Prof. GBO 15-205
§15–205.
(a) The Board shall adopt a code of ethics for practicing land surveying.
(b) The Board shall distribute:
(1) a copy of the code of ethics to each applicant for a license; and
(2) as the Board considers necessary, a copy of any amendment to the code of ethics to each licensee.
Md. Code, Bus. Occ. & Prof. GBO 15-208
§15–208.
(a) In addition to any powers set forth elsewhere, the Board may adopt:
(1) any bylaw for the conduct of the proceedings of the Board; and
(2) any regulation to carry out this title.
(b) In addition to any duties set forth elsewhere, the Board shall:
(1) adopt a seal;
(2) determine a type of marker, monument, stake, or other landmark that a licensee shall use in practicing land surveying and practicing property line surveying;
(3) keep a record of its proceedings; and
(4) by regulation, formalize minimum standards of practice for licensees.
Md. Code, Bus. Occ. & Prof. GBO 15-301
§15–301.
(a) (1) Except as otherwise provided in this title, an individual shall be licensed by the Board to practice land surveying before the individual may practice land surveying in the State.
(2) Except as otherwise provided in this title, an individual shall be licensed by the Board to practice property line surveying before the individual may practice property line surveying in the State.
(b) This section does not apply to:
(1) an individual who practices land surveying while performing official duties as an officer or employee of the federal government;
(2) an employee or other subordinate of a licensee, while the subordinate practices land surveying or practices property line surveying under the conditions authorized under § 15–303(a)(1)(i) or (2)(i) of this subtitle;
(3) an employee of an individual who is not licensed but who, nevertheless, is authorized to practice land surveying or to practice property line surveying, while the employee practices land surveying or practices property line surveying under the conditions authorized under § 15–303(a)(1)(ii) or (2)(ii) of this subtitle; or
(4) an individual who utilizes measurement devices or systems, regardless of the technology or methods used, for the exclusive purpose of determining topography and contours, provided that the individual is certified by an entity acceptable to the Board.
Md. Code, Bus. Occ. & Prof. GBO 15-302
§15–302.
(a) On and after July 1, 1990, the Board may not issue a license to practice property line surveying.
(b) Notwithstanding subsection (a) of this section, an individual who is licensed as a property line surveyor as of June 30, 1990, may continue to renew the license as provided under § 15-314 of this subtitle.
Md. Code, Bus. Occ. & Prof. GBO 15-303
§15–303.
(a) (1) Subject to this section, the following individuals may practice land surveying without a license:
(i) an employee or other subordinate of a professional land surveyor; and
(ii) an employee of an individual who is not licensed but is otherwise authorized under this title to practice land surveying without supervision.
(2) Subject to this section, the following individuals may practice property line surveying without a license:
(i) an employee or other subordinate of a licensed property line surveyor; and
(ii) an employee of an individual who is not licensed but is otherwise authorized under this title to practice property line surveying without supervision.
(b) The authority to practice land surveying or property line surveying under this section applies only if the licensee or other authorized individual has, with respect to the investigation, design, construction, and operation of the surveying work of the employee or other subordinate, direct control and personal direction that requires initiative, professional skill, and independent judgment.
Md. Code, Bus. Occ. & Prof. GBO 15-304
§15–304.
(a) To qualify for a license, an applicant shall be an individual who meets the requirements of this section.
(b) The applicant shall be of good character and reputation.
(c) An applicant for a license to practice land surveying shall meet the educational and experience requirements under § 15-305 of this subtitle.
(d) Except as otherwise provided in this subtitle, an applicant shall pass each examination required under this subtitle.
Md. Code, Bus. Occ. & Prof. GBO 15-305
§15–305.
(a) In addition to the other qualifications for a license to practice land surveying, an applicant shall qualify under this section by meeting the educational, experience, and examination requirements set forth in subsection (b), (c), (d), (e), or (f) of this section.
(b) An applicant qualifies under this section if the applicant:
(1) has graduated on completion of at least a 4–year curriculum in land surveying that the Board approves from a college or university that is accredited by, or is a constituent unit of an institution accredited by, the Middle States Association of Colleges and Schools or the equivalent regional accrediting association of other regional areas;
(2) has at least 2 years of experience in land surveying that is satisfactory to the Board and that indicates to the Board that the applicant may be competent to practice land surveying; and
(3) has passed the following examinations:
(i) fundamentals of surveying;
(ii) the principles and practice of surveying; and
(iii) unless excused by the Board, State–specific examination modules specified and approved by the Board that pertain to the practice of surveying in the State.
(c) (1) An applicant qualifies under this section if the applicant:
(i) has graduated on completion of at least a 4–year curriculum in physical sciences or applied sciences from a college or university that is accredited by, or is a constituent unit of an institution accredited by, the Middle States Association of Colleges and Schools or the equivalent regional accrediting association of other regional areas;
(ii) subject to paragraph (2) of this subsection, has at least 4 years of experience in land surveying that is satisfactory to the Board and that indicates to the Board that the applicant may be competent to practice land surveying; and
(iii) has passed the following examinations:
1. fundamentals of surveying;
2. the principles and practice of surveying; and
3. unless excused by the Board, State–specific examination modules specified and approved by the Board that pertain to the practice of surveying in the State.
(2) For each 30 semester hours or its equivalent that an applicant completes in land surveying–related courses that the Board approves, the Board may allow a 1–year credit towards the experience requirements of paragraph (1)(ii) of this subsection for a maximum of 3 years.
(d) (1) An applicant qualifies under this section if the applicant:
(i) has graduated on completion of at least a 4–year curriculum from a college or university that is accredited by, or is a constituent unit of an institution accredited by, the Middle States Association of Colleges and Schools or the equivalent regional accrediting association of other regional areas;
(ii) has a minimum of 30 credit hours of land surveying–related courses that the Board approves;
(iii) subject to paragraph (2) of this subsection, has at least 4 years of experience in land surveying that is satisfactory to the Board and that indicates to the Board that the applicant may be competent to practice land surveying; and
(iv) has passed the following examinations:
1. fundamentals of surveying;
2. the principles and practice of surveying; and
3. unless excused by the Board, State–specific examination modules specified and approved by the Board that pertain to the practice of surveying in the State.
(2) For each additional 30 semester hours or its equivalent that an applicant completes in land surveying–related courses that the Board approves, the Board may allow a 1–year credit towards the experience requirements of paragraph (1)(iii) of this subsection for a maximum of 3 years.
(e) (1) An applicant qualifies under this section if the applicant:
(i) is a high school graduate or the equivalent;
(ii) has a minimum of 30 credit hours of land surveying–related courses that the Board approves;
(iii) subject to paragraph (2) of this subsection, has at least 6 years of experience in land surveying that is satisfactory to the Board and that indicates to the Board that the applicant may be competent to practice land surveying; and
(iv) has passed the following examinations:
1. fundamentals of surveying;
2. the principles and practice of surveying; and
3. unless excused by the Board, State–specific examination modules specified and approved by the Board that pertain to the practice of surveying in the State.
(2) For each additional 30 semester hours or its equivalent that an applicant completes in land surveying–related courses that the Board approves, the Board may allow a 1–year credit towards the experience requirements of paragraph (1)(iii) of this subsection for a maximum of 3 years.
(f) (1) An applicant qualifies under this section if the applicant:
(i) applies for a license on or before December 31, 2025;
(ii) is a high school graduate or the equivalent;
(iii) subject to paragraph (2) of this subsection, has at least 9 years of experience in land surveying that is satisfactory to the Board and that indicates to the Board that the applicant may be competent to practice land surveying; and
(iv) has passed the following examinations:
1. fundamentals of surveying;
2. the principles and practice of surveying; and
3. unless excused by the Board, State–specific examination modules specified and approved by the Board that pertain to the practice of surveying in the State.
(2) For each 30 semester hours or its equivalent that an applicant completes in land surveying–related courses that the Board approves, the Board may allow a 1–year credit towards the experience requirements of paragraph (1)(iii) of this subsection for a maximum of 3 years.
Md. Code, Bus. Occ. & Prof. GBO 15-306
§15–306.
(a) An applicant for a license shall:
(1) submit to the Board:
(i) an application on the form that the Board provides; and
(ii) any relevant document that the Board requires; and
(2) pay to the Board or the Board’s designee:
(i) a nonrefundable application fee set by the Board; and
(ii) an examination fee set by the Board in an amount not to exceed the cost of the required examination.
(b) (1) The application form shall require:
(i) a statement about the education of the applicant;
(ii) a statement about the experience of the applicant in land or property line surveying;
(iii) a list of at least 5 references that, unless excused by the Board, shall include:
1. for a land surveyor applicant, at least 3 professional land surveyors who have personal knowledge of the applicant’s land surveying experience; and
2. for a property line surveyor applicant, at least 3 individuals, each of whom:
A. is either a professional land surveyor or a licensed property line surveyor; and
B. has personal knowledge of the applicant’s property line surveying experience; and
(iv) any other relevant information that the Board requires.
(2) An application shall be made under oath.
(c) If the Board finds that an application form and the accompanying documentation do not demonstrate that the applicant meets the requirements for a license under this subtitle, the Board may require the applicant to submit additional information or documentation.
Md. Code, Bus. Occ. & Prof. GBO 15-307
§15–307.
(a) Except as otherwise provided in § 15–307.1 of this subtitle, an applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.
(b) The Board periodically shall give the examinations required under this subtitle to qualified applicants at the times and places that the Board determines.
(c) The Board shall give each qualified applicant notice of the time and place of examination.
(d) As provided for applicants for a license to practice land surveying under § 15–305 of this subtitle, the Board shall give the following separate examinations:
(1) the fundamentals of surveying;
(2) the principles and practice of surveying; and
(3) unless excused by the Board, State–specific examination modules specified and approved by the Board that pertain to the practice of surveying in the State.
(e) (1) The Board shall determine the subjects, scope, and form of and method of grading and passing scores for the examinations given under this subtitle.
(2) The Board shall structure the examinations to test the ability of an applicant to design, plan, and direct land surveying in order to ensure the safety of life, health, and property.
Md. Code, Bus. Occ. & Prof. GBO 15-311
§15–311.
(a) Subject to the provisions of this section, the Board may waive any examination requirement or any part of an examination requirement of this subtitle for an individual who is licensed to practice land surveying in another state.
(b) The Board may grant a waiver under this section only if the applicant:
(1) is of good character and reputation;
(2) pays to the Board:
(i) the nonrefundable application fee set by the Board under § 15–306 of this subtitle; and
(ii) the license fee set by the Board; and
(3) provides adequate evidence that, at the time the applicant was licensed by the other state, the applicant met requirements that were equivalent to those then required by the laws of this State.
(c) The Board may require an applicant under this section to:
(1) pass the State–specific part of an examination; and
(2) pass any part of a nationally administered examination that the applicant has previously failed.
Md. Code, Bus. Occ. & Prof. GBO 15-314
§15–314.
(a) Unless a license is renewed for a 2–year term as provided in this section, the license expires on the first June 30 that comes:
(1) after the effective date of the license; and
(2) in an odd–numbered year.
(b) (1) At least 1 month before a license expires, the Board shall mail or electronically transmit to the licensee:
(i) a renewal application form; and
(ii) a notice that states:
1. the date on which the current license expires; and
2. the amount of the license fee.
(2) If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable.
(3) The failure of a licensee to receive the notice for which this subsection provides does not prevent the license from expiring as specified under subsection (a) of this section.
(c) Before a license expires, the licensee periodically may renew it for an additional 2–year term, if the licensee:
(1) otherwise is entitled to be licensed;
(2) pays to the Board a license fee set by the Board; and
(3) submits to the Board a renewal application on the form that the Board provides.
(d) (1) The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.
(2) The Board shall include on each renewal certificate that the Board issues:
(i) the date on which the current license expires; and
(ii) the signatures of the chairman and secretary of the Board, under seal of the Board.
(e) The Secretary may determine that licenses issued under this subtitle shall expire on a staggered basis.
(f) The Board shall adopt regulations to require a demonstration of continuing professional competency for a licensee as a condition of renewal of a license under this section in accordance with the following:
(1) a continuing professional competency requirement does not apply to the first renewal of a license;
(2) if a license expires on or before September 30, 2002, a professional land surveyor or licensed property line surveyor is not required to fulfill the continuing professional competency requirement;
(3) if a license expires between October 1, 2002 and September 30, 2003, a professional land surveyor or licensed property line surveyor is required to fulfill 50 percent of the continuing professional competency requirement as provided in the regulations adopted by the Board under this subsection; and
(4) if a license expires on or after October 1, 2003, a professional land surveyor or licensed property line surveyor is required to fulfill the full continuing professional competency requirement as provided in the regulations adopted by the Board under this subsection.
Md. Code, Bus. Occ. & Prof. GBO 15-315
§15–315.
(a) The Board shall reinstate the license of an individual who, for any reason, has failed to renew the license if the individual:
(1) applies to the Board for reinstatement within 2 years after the license expires;
(2) meets the renewal requirements of § 15–314 of this subtitle; and
(3) except as otherwise provided in subsection (d) of this section, pays to the Board a reinstatement fee set by the Board.
(b) (1) If an individual has failed to renew a license to practice land surveying for any reason and then applies to the Board for reinstatement more than 2 years after the license has expired, the Board:
(i) may require the individual to reapply for a license in the same manner as an applicant applies for an original license under this subtitle; or
(ii) subject to paragraph (2) of this subsection, may reinstate the license.
(2) The Board may reinstate a license under paragraph (1) of this subsection only if the individual:
(i) meets the renewal requirements of § 15–314 of this subtitle;
(ii) if required by the Board, states reasons why reinstatement should be granted; and
(iii) except as otherwise provided in subsection (d) of this section, pays to the Board a reinstatement fee set by the Board.
(c) (1) If an individual has failed to renew a license to practice property line surveying for any reason and then applies to the Board for reinstatement more than 2 years after the license has expired, the Board, subject to paragraph (2) of this subsection, may reinstate the license.
(2) The Board may reinstate a license under paragraph (1) of this subsection only if the individual:
(i) meets the renewal requirements of § 15–314 of this subtitle;
(ii) if required by the Board, states reasons why reinstatement should be granted; and
(iii) except as otherwise provided in subsection (d) of this section, pays to the Board a reinstatement fee set by the Board.
(d) The Board may waive a reinstatement fee for a licensee who provides evidence satisfactory to the Board that the licensee did not practice land surveying or property line surveying, as appropriate, during the time the license lapsed.
Md. Code, Bus. Occ. & Prof. GBO 15-316
§15–316.
(a) The Board may issue a retired status license to an individual who:
(1) is currently licensed in Maryland as a professional land surveyor or a property line surveyor;
(2) has been either licensed as a professional land surveyor or a property line surveyor or was authorized to practice land surveying or property line surveying under § 15-303 of this subtitle for at least 25 years, of which 5 years were in Maryland;
(3) is not the subject of a pending disciplinary action related to the practice of land surveying or property line surveying in this or another state;
(4) submits to the Board an application on the form provided by the Board; and
(5) pays to the Board a fee, as set by the Board.
(b) (1) The holder of a retired status license issued under this section may not engage in the practice of professional land surveying or property line surveying.
(2) The holder of a professional land surveyor retired status license may use the designation of “retired professional land surveyor”.
(3) The holder of a property line surveyor retired status license may use the designation of “retired property line surveyor”.
(c) The Board may reactivate the license of the holder of a retired status license if that individual:
(1) submits to the Board an application for reactivation on the form approved by the Board;
(2) meets all continuing competency requirements, not exceeding 48 credit hours, that would have been required for renewal of a license under § 15–314 of this subtitle if the licensee had not been placed on retired status;
(3) pays to the Board a reactivation fee as set by the Board; and
(4) is not the subject of a pending disciplinary action related to the practice of land surveying or property line surveying in this or any other state.
Md. Code, Bus. Occ. & Prof. GBO 15-317
§15–317.
(a) (1) Subject to the hearing provisions of § 15–319 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if:
(i) the applicant or licensee fraudulently or deceptively obtains, renews, or attempts to obtain or renew a license or permit for the applicant or licensee or for another;
(ii) the applicant or licensee fraudulently or deceptively uses a license;
(iii) under the laws of the United States or of any state, the applicant or licensee is convicted of:
1. a felony; or
2. a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to practice land surveying or property line surveying;
(iv) the applicant or licensee is guilty of gross negligence, incompetence, or misconduct while practicing land surveying or property line surveying;
(v) the applicant or licensee violates any regulation adopted by the Board;
(vi) the applicant or licensee violates any provision of this title; or
(vii) the applicant or licensee has had a license to practice land surveying or property line surveying in another state revoked or suspended by the other state for a cause that would justify revocation or suspension under this title, except for the failure to pay a license fee.
(2) (i) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Board may impose a penalty not exceeding $5,000 for each violation.
(ii) To determine the amount of the penalty imposed under this subsection, the Board shall consider:
1. the seriousness of the violation;
2. the harm caused by the violation;
3. the good faith of the licensee; and
4. any history of previous violations by the licensee.
(3) The Board shall pay any penalty collected under this subsection into the General Fund of the State.
(b) The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(1)(iii) of this section:
(1) the nature of the crime;
(2) the relationship of the crime to the activities authorized by the license;
(3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to practice land surveying or property line surveying;
(4) the length of time since the conviction; and
(5) the behavior and activities of the applicant or licensee before and after the conviction.
Md. Code, Bus. Occ. & Prof. GBO 15-401
§15–401.
(a) (1) Subject to the provisions of this section, a professional land surveyor may practice land surveying for others through:
(i) a corporation as an officer, employee, or agent of the corporation;
(ii) a partnership as a partner, employee, or agent of the partnership; or
(iii) a limited liability company as a member, employee, or agent of the limited liability company.
(2) Subject to the provisions of this section, a licensed property line surveyor may practice property line surveying through:
(i) a corporation as an officer, employee, or agent of the corporation;
(ii) a partnership as a partner, employee, or agent of the partnership; or
(iii) a limited liability company as a member, employee, or agent of the limited liability company.
(3) Subject to the provisions of this subtitle, a corporation, partnership, or limited liability company may provide land surveying services through a professional land surveyor or property line surveying services through a licensed property line surveyor.
(b) (1) A professional land surveyor who practices land surveying through a corporation, partnership, or limited liability company under this section shall be subject to all of the provisions of this title that relate to practicing land surveying.
(2) A licensed property line surveyor who practices property line surveying through a corporation, partnership, or limited liability company under this section shall be subject to all of the provisions of this title that relate to practicing property line surveying.
(c) (1) A corporation, partnership, or limited liability company that provides land surveying services or property line surveying services under this section is not, by its compliance with this section, relieved of any responsibility that the corporation, partnership, or limited liability company may have for an act or omission of its officer, partner, member, employee, or agent.
(2) An individual who practices land surveying or property line surveying through a corporation, partnership, or limited liability company, is not, by reason of the individual’s employment or other relationship with the corporation, partnership, or limited liability company, relieved of any individual responsibility that the individual may have regarding that practice.
Md. Code, Bus. Occ. & Prof. GBO 15-402
§15–402.
(a) Except as provided in subsection (b) of this section, a corporation, partnership, or limited liability company shall hold a permit issued by the Board before the corporation, partnership, or limited liability company may operate a business through which land surveying or property line surveying is practiced.
(b) A corporation, partnership, or limited liability company may provide land surveying or property line surveying services for itself or for an affiliated corporation, partnership, or limited liability company without a permit issued by the Board.
Md. Code, Bus. Occ. & Prof. GBO 15-402.1
§15–402.1.
(a) To qualify for a permit, a corporation, partnership, or limited liability company shall meet the requirements of this section.
(b) (1) A corporation, partnership, or limited liability company shall appoint at least one person in responsible charge of the professional land surveying or property line surveying services performed or offered to be performed through the corporation, partnership, or limited liability company.
(2) A person in responsible charge shall be:
(i) in direct control of professional land surveying or property line surveying services performed or offered to be performed through the corporation, partnership, or limited liability company;
(ii) in a position to act on behalf of, and be responsible for, the corporation, partnership, or limited liability company in matters related to the practice of professional land surveying or property line surveying; and
(iii) a professional land surveyor or licensed property line surveyor in good standing.
(3) A licensee may not be designated as a person in responsible charge for more than one corporation, partnership, or limited liability company that provides or offers to provide professional land or property line surveying services without the prior approval of the Board.
Md. Code, Bus. Occ. & Prof. GBO 15-403
§15–403.
(a) An applicant for a permit shall:
(1) submit to the Board an application on the form that the Board provides; and
(2) pay to the Board a nonrefundable application fee set by the Board.
(b) In addition to any other information required on an application form, the form shall require the following:
(1) the name and address of at least one person in responsible charge of land surveying or property line surveying services performed or offered to be performed through the corporation, partnership, or limited liability company; and
(2) evidence acceptable to the Board that a person in responsible charge is an employee, an owner, a director, an officer, a member, or a partner, as applicable, of the entity seeking a permit.
Md. Code, Bus. Occ. & Prof. GBO 15-405
§15–405.
(a) Subject to subsection (b) of this section and while a permit is in effect, it:
(1) authorizes the holder to:
(i) operate a business through which land surveying is practiced; and
(ii) represent to the public that the holder provides the services of a professional land surveyor; or
(2) authorizes the holder to:
(i) operate a business through which property line surveying is practiced; and
(ii) represent to the public that the holder provides the services of a licensed property line surveyor.
(b) A permit authorizes the holder to provide a service that constitutes practicing land surveying or property line surveying only if the service is performed by an individual who is licensed or otherwise authorized under this title to practice.
Md. Code, Bus. Occ. & Prof. GBO 15-407
§15–407.
Within 1 month after the effective date of the change or occurrence, a permit holder shall notify the Board in writing if there has been a change in:
(1) the identity of the person in responsible charge of land surveying or property line surveying services performed or offered to be performed through the corporation, partnership, or limited liability company; or
(2) the name of the corporation, partnership, or limited liability company.
Md. Code, Bus. Occ. & Prof. GBO 15-409
§15–409.
(a) Except as otherwise provided in § 10–226 of the State Government Article, before the Board takes any final action under § 15–408 of this subtitle, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board.
(b) The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(c) At least 30 days before the hearing, the hearing notice and a copy of the complaint shall be:
(1) served personally on the applicant or on a person in responsible charge of land surveying or property line surveying practiced through the entity holding the permit or a person designated as a resident agent to receive process on behalf of the entity; or
(2) mailed to the last known business address of the entity holding the permit.
(d) If, after due notice, the person against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.
Md. Code, Bus. Occ. & Prof. GBO 15-501
§15–501.
(a) Each professional land surveyor and each licensed property line surveyor may obtain a seal for use as required under § 15-502 of this subtitle.
(b) The seal shall:
(1) be of a design determined by the Board; and
(2) include:
(i) the legend:
1. “professional land surveyor”; or
2. “licensed property line surveyor”; and
(ii) the name of the licensee who holds the seal.
Md. Code, Bus. Occ. & Prof. GBO 15-502
§15–502.
(a) Before a professional land surveyor or licensed property line surveyor issues to a client or submits to a public authority any plan, plat, report, or specification, the professional land surveyor or licensed property line surveyor who prepared the document shall endorse on the document the licensee’s:
(1) name; and
(2) seal or a facsimile of the seal.
(b) A public authority may not accept any surveying plan, plat, report, or specification unless the document is endorsed as required under subsection (a) of this section.
Md. Code, Bus. Occ. & Prof. GBO 15-602
§15–602.
Except for a licensee who operates the business as a sole practitioner, a person may not operate a business through which land surveying or property line surveying is practiced, unless:
(1) the business is a corporation, a partnership, or a limited liability company; and
(2) the corporation, partnership, or limited liability company holds a permit issued by the Board.
Md. Code, Bus. Occ. & Prof. GBO 15-603
§15–603.
(a) Unless authorized under this title to practice land surveying without the supervision required under § 15-303 of this title, a person may not represent to the public, by use of a title, including “land surveyor”, “professional land surveyor”, “licensed land surveyor”, or “registered land surveyor”, by use of the term “land surveying” in the name of the person’s business activity, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice land surveying in the State.
(b) Unless authorized under this title to practice property line surveying without the supervision required under § 15-303 of this title, a person may not represent to the public, by use of a title, including “licensed property line surveyor” or “property line surveyor”, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice property line surveying in the State.
Md. Code, Bus. Occ. & Prof. GBO 15-604
§15–604.
(a) Subject to subsection (b) of this section and unless a person holds a permit issued by the Board, the person may not represent to the public, by use of the title “land surveyors”, “professional land surveyors”, “licensed land surveyors”, “registered land surveyors”, “property line surveyors”, “licensed property line surveyors”, or “registered property line surveyors”, by use of the term “land surveying” or “property line surveying”, by description of services, methods, or procedures, or otherwise, that the person holds a permit or otherwise is authorized to operate a business through which land surveying or property line surveying is practiced in the State.
(b) Subsection (a) of this section does not apply to a professional land surveyor or licensed property line surveyor who operates a business as a sole practitioner.
Md. Code, Bus. Occ. & Prof. GBO 15-608
§15–608.
An individual whose license has been suspended or revoked under § 15-317 of this title may not practice land surveying or property line surveying in any manner as:
(1) an associate, agent, employee, or other subordinate of a professional land surveyor or licensed property line surveyor; or
(2) a principal, associate, agent, employee, or other subordinate of a corporation, partnership, or limited liability company that provides land surveying or property line surveying services.
Md. Code, Bus. Occ. & Prof. GBO 15-609
§15–609.
(a) An individual who is authorized to practice land surveying may not practice or offer to practice land surveying in those areas of land surveying in which the individual is not competent to practice.
(b) An individual who is authorized to practice property line surveying may not practice or offer to practice property line surveying in those areas of property line surveying in which the individual is not competent to practice.
Md. Code, Bus. Occ. & Prof. GBO 18-101
§18–101.
(a) In this title the following words have the meanings indicated.
(b) (1) “Circumventional information” means information, including pass codes, that allows an individual to alter the operation of a security system.
(2) “Circumventional information” does not include generic user or installation manuals.
(c) “Firm” means a partnership or corporation.
(d) “Firm member” means a partner of a partnership or an officer or director of a corporation.
(e) “License” means a license issued by the Secretary or the Secretary’s designee to engage in the business of providing security systems services for compensation.
(f) “Providing security systems services” means providing, on the premises of a person’s residential or commercial property, the service of:
(1) surveying the property for purposes of installing a security system;
(2) physically installing, maintaining, or repairing a security system for the customer; or
(3) responding to a distress call or an alarm sounding from a security system.
(g) “Representative member” means a firm member who is appointed under this title to act on behalf of the firm.
(h) “Secretary” means the Secretary of State Police or the Secretary’s designee.
(i) “Security systems agency” means an individual or a firm that conducts a business that provides security systems services.
(j) “Security systems technician” means a person who personally provides security systems services.
Md. Code, Bus. Occ. & Prof. GBO 18-3A-02
§18–3A–02.
(a) To qualify for registration as a security systems technician or other individual who has access to circumventional information, an applicant shall:
(1) be at least 18 years old; and
(2) be of good moral character.
(b) In addition to any other requirements and except for those applicants who survey properties only for the purpose of installing a security system, an applicant for registration as a security systems technician shall meet any training requirements that the Secretary establishes by regulation.
(c) The State Department of Education, in conjunction with the Secretary, may establish by regulation a cooperative education program under which a minor may learn the security systems trade with on–site supervision by a security systems registrant under the auspices of cooperative education registration with the schools.
Md. Code, Bus. Occ. & Prof. GBO 3-204.1
§3–204.1.
At least annually, the chairman of the Board, the chairman of the State Board of Certified Interior Designers, the chairman of the State Board of Examiners of Landscape Architects, the chairman of the State Board for Professional Engineers, and the chairman of the State Board for Professional Land Surveyors shall meet to discuss issues of mutual importance to the design professions.
Md. Code, Bus. Occ. & Prof. GBO 3-208.1
§3–208.1.
(a) In this section, “code official” means a public official responsible for the review of building permit documents or the issuance of building permits.
(b) The Board shall:
(1) keep a list of the names and mailing addresses of all licensees;
(2) provide each code official with a copy of the list annually; and
(3) provide any other person who makes a request with a copy of the list at a reasonable fee set by the Board.
(c) (1) The Board shall provide all licensees and code officials with a periodic newsletter not less than semiannually on the activities of the Board.
(2) The Board shall publish, on the Department website, the newsletter jointly with the State Board for Professional Engineers, the State Board of Certified Interior Designers, the State Board of Examiners of Landscape Architects, and the State Board for Professional Land Surveyors.
(d) The Board shall distribute:
(1) to each applicant for a license and each code official, a copy of the Maryland Architects Act and the Board’s rules and regulations;
(2) on each renewal of a license, to each licensee, a copy of any amendments to the Maryland Architects Act and the Board’s rules and regulations that took effect during the 2-year period ending on the date of renewal; and
(3) to each code official, a copy of any amendments to the Maryland Architects Act and the Board’s rules and regulations.
(e) A licensee shall designate the licensee’s mailing address at the time of issuance of the license and on each renewal of the license.
Md. Code, Bus. Occ. & Prof. GBO 8-204.1
§8–204.1.
At least annually, the chairman of the Board, the chairman of the State Board of Architects, the chairman of the State Board of Examiners of Landscape Architects, the chairman of the State Board for Professional Engineers, and the chairman of the State Board for Professional Land Surveyors shall meet to discuss issues of mutual importance to the design professions.
Md. Code, Bus. Occ. & Prof. GBO 8-206.1
§8–206.1.
(a) In this section, “code official” means a public official responsible for the review of building permit documents or the issuance of building permits.
(b) The Board shall:
(1) keep a list of the names and mailing addresses of all certificate holders;
(2) provide each code official with a copy of the list annually; and
(3) provide any other person who makes a request with a copy of the list at a reasonable fee set by the Board.
(c) (1) The Board shall provide all certificate holders and code officials with a periodic newsletter not less than semiannually on the activities of the Board.
(2) The Board shall publish, on the Department website, the newsletter jointly with the State Board for Professional Engineers, the State Board of Architects, the State Board of Examiners of Landscape Architects, and the State Board for Professional Land Surveyors.
(d) The Board shall distribute:
(1) to each applicant for a certificate and each code official, a copy of the Maryland Certified Interior Designers Act and the Board’s rules and regulations;
(2) on each renewal of a certificate, to each certificate holder, a copy of any amendments to the Maryland Certified Interior Designers Act and the Board’s rules and regulations that took effect during the 2-year period ending on the date of renewal; and
(3) to each code official, a copy of any amendments to the Maryland Certified Interior Designers Act and the Board’s rules and regulations.
(e) A certificate holder shall designate the certificate holder’s mailing address at the time of issuance of the certificate and on each renewal of the certificate.
Md. Code, Bus. Occ. & Prof. GBO 9-204.1
§9–204.1.
At least annually, the chairman of the Board, the chairman of the State Board of Architects, the chairman of the State Board of Certified Interior Designers, the chairman of the State Board for Professional Engineers, and the chairman of the State Board for Professional Land Surveyors shall meet to discuss issues of mutual importance to the design professions.
Md. Code, Bus. Occ. & Prof. GBO 9-206.1
§9–206.1.
(a) In this section, “code official” means a public official responsible for the review of building permit documents or the issuance of building permits.
(b) The Board shall:
(1) keep a list of the names and mailing addresses of all licensees;
(2) provide each code official with a copy of the list annually; and
(3) provide any other person who makes a request with a copy of the list at a reasonable fee set by the Board.
(c) (1) The Board shall provide all licensees and code officials with a periodic newsletter not less than semiannually on the activities of the Board.
(2) The Board shall publish, on the Department website, the newsletter jointly with the State Board for Professional Engineers, the State Board of Architects, the State Board of Certified Interior Designers, and the State Board for Professional Land Surveyors.
(d) The Board shall distribute:
(1) to each applicant for a license and each code official, a copy of the Maryland Landscape Architects Act and the Board’s rules and regulations;
(2) on each renewal of a license, to each licensee, a copy of any amendments to the Maryland Landscape Architects Act and the Board’s rules and regulations that took effect during the 2-year period ending on the date of renewal; and
(3) to each code official, a copy of any amendments to the Maryland Landscape Architects Act and the Board’s rules and regulations.
(e) A licensee shall designate the licensee’s mailing address at the time of issuance of the license and on each renewal of the license.
Md. Code § ged-19
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§19–101. (a) In this title the following words have the meanings indicated. (b) (1) “Academic facility” and “academic facilities” mean any facility or facilities, now existing or hereafter constructed or acquired, which are used primarily for the instruction of students of a system. (2) “Academic facility” and “academic facilities” also mean any facility or facilities related, required, useful, or incidental for the operation or activities of a system which are not auxiliary facilities. (c) (1) “Academic fees” means tuition, student fees, and activity fees. (2) “Academic fees” does not include: (i) An appropriation of State funds; or (ii) Any revenues from contracts, grants, or gifts received or to be received by a system, other than contracts for tuition, student fees, or activity fees. (d) “Auxiliary facilities fees” means income, fees, rents, charges, and revenues arising from the use of any auxiliary facilities. (e) “Auxiliary facility” and “auxiliary facilities” mean any facility or facilities, now existing or hereafter constructed or acquired, which furnish a service to students, faculty, or staff at a system and which generate income, fees, rents, charges, and revenues arising from the use of the facility or facilities to support any project costs; such facilities shall include (but shall not be limited by type or class or otherwise to) housing facilities, eating facilities, recreational facilities, campus infirmaries, parking facilities, athletic facilities, student union or activity facilities, research facilities, laboratory facilities, testing facilities, and any related or incidental facility or any combination of such facilities. (f) “Board” means the Board of Regents of the University System of Maryland, the Board of Regents of Morgan State University, the Board of Trustees of St. Mary’s College of Maryland, or the Board of Trustees of Baltimore City Community College. (g) “Bonds” means revenue bonds, certificates, notes, demand notes, commercial paper, or other evidences of indebtedness and shall also include bond anticipation notes. (h) “Capital lease” means any lease financing of real property which by generally accepted accounting principles is defined as a capital lease. For the purposes of this title, real property does not include fixtures. (i) “Costs” as applied to any project means all costs in respect of the project, including (without limitation): (1) The cost of acquisition, construction, reconstruction, equipping, maintenance, repair, renovation, and operation; (2) The cost of acquisition of all land, rights-of-way, property rights, easements, and interests acquired by a system; (3) The cost of all machinery and equipment; (4) Financing charges and interest prior to and during construction and for 1 year after completion of construction; (5) The cost of architectural, engineering, and legal expenses, plans, specifications, feasibility studies, surveys, estimates of costs and revenue, and other expenses necessary or desirable for determining the feasibility or practicability of construction of any project; (6) Reserves for the payment of debt service, operating reserves, and repair and replacement funds; and (7) Administrative expenses, and other expenses necessary or allocable to any project, the financing or refinancing of any project, the issuance of bonds, and the placing of any project in operation. (j) “Project” or “projects” means the acquisition, construction, reconstruction, related demolition, equipment, maintenance, repair, renovation, financing, and refinancing of 1 or more auxiliary or academic facilities. (k) “Resolution” means a resolution adopted by a majority of the members of the Board of Regents of the University System of Maryland, the Board of Regents of Morgan State University, the Board of Trustees of St. Mary’s College of Maryland, or the Board of Trustees of Baltimore City Community College. (l) “State” means the State of Maryland. (m) “System” means the University System of Maryland, Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College.PreviousNext
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Article - Insurance Next
§1–101. (a) In this article the following words have the meanings indicated. (a–1) “Active duty” has the meaning stated in § 9–901 of the State Government Article. (b) “Administration” means the Maryland Insurance Administration. (b–1) “Affordable Care Act” means the federal Patient Protection and Affordable Care Act, as amended by the federal Health Care and Education Reconciliation Act of 2010, and any regulations adopted or guidance issued under the Acts. (c) “Alien insurer” means an insurer that is formed under the laws of a jurisdiction other than the United States or a state. (d) (1) “Annuity” means an agreement to make periodic payments for which the making or continuance of all or some of a series of the payments, or the amount of a payment, depends on the continuance of a human life. (2) “Annuity” includes: (i) an additional benefit that operates to safeguard the contract from lapse or to provide a special surrender value, special benefit, or annuity in the event of the total and permanent disability of the holder; and (ii) benefits that provide payment or reimbursement for long–term home health care or long–term care in a nursing home or other related institution. (3) “Annuity” does not include life insurance. (e) “Annuity contract” means a contract that provides for an annuity. (f) “Appointment” means an agreement between an insurance producer and insurer under which the insurance producer, for compensation, may sell, solicit, or negotiate policies issued by the insurer. (g) “Authorized insurer” means an insurer that holds a valid certificate of authority. (h) “Burial insurance” includes any kind of agreement, certificate, policy, contract, bond, assurance guarantee, or other arrangement, by bylaw, regulation, or otherwise, in or by which the party that issues the certificate, policy, contract, bond, assurance guarantee, or other arrangement agrees to: (1) provide for the burial of a named or designated deceased individual; (2) save harmless anyone for all or part of the costs of the burial of a named or designated deceased individual; or (3) pay all or part of the incidents of the burial of a named or designated deceased individual. (i) (1) “Casualty insurance” means: (i) insurance against legal, contractual, or assumed liability for death, injury, or disability of a human being, or for damage to property; (ii) if issued as an incidental coverage with or supplemental to liability insurance and regardless of legal liability of the insured, insurance that provides medical, hospital, or surgical disability benefits to injured individuals and funeral and death benefits to dependents, beneficiaries, or personal representatives of individuals killed; or (iii) unless disapproved by the Commissioner as contrary to law or public policy, insurance against any other kind of loss, damage, or liability that is properly a subject of insurance and not within any other kind of insurance described in this subsection. (2) “Casualty insurance” includes motor vehicle physical damage insurance, burglary and theft insurance, glass insurance, workers’ compensation insurance, employer’s liability insurance, and boiler and machinery insurance. (j) “Certificate of authority” means a certificate issued by the Commissioner to engage in the insurance business. (k) “Commissioner” means the Maryland Insurance Commissioner. (l) “County” means a county of the State or Baltimore City. (m) “Domestic insurer” means an insurer that is formed under the laws of the State. (m–1) (1) “First–class mail tracking method” means a mail tracking method that provides evidence of the date that a piece of first–class mail was accepted for mailing by the United States Postal Service. (2) “First–class mail tracking method” includes: (i) a certificate of mail; and (ii) an electronic mail tracking system used by the United States Postal Service. (3) “First–class mail tracking method” does not include a certificate of bulk mailing. (n) (1) “Foreign insurer” means an insurer that is formed under the laws of a jurisdiction other than this State. (2) Unless the context requires otherwise, “foreign insurer” includes an alien insurer. (o) “Fund producer” means a licensed insurance producer, including a licensed independent insurance producer, that has been assigned an authorization code by the Maryland Automobile Insurance Fund. (p) (1) “Health insurance” means insurance of human beings against: (i) bodily injury, disablement, or death by accident or accidental means, or the expenses of bodily injury, disablement, or death by accident or accidental means; (ii) disablement or expenses resulting from sickness or childbirth; and (iii) expenses incurred in prevention of sickness or dental care. (2) “Health insurance” includes: (i) accident insurance; (ii) disability insurance; and (iii) each insurance appertaining to health insurance. (3) “Health insurance” does not include workers’ compensation insurance. (q) “Independent insurance producer” means an insurance producer: (1) that is not owned or controlled by an insurer or group of insurers; (2) the appointment of which does not prohibit the representation of more than one insurer or group of insurers; and (3) the appointment of which provides that: (i) at termination, the records of the insurance producer remain the property of the insurance producer; and (ii) the insurance producer retains the use and control of all expirations incurred during the period when the appointment was in effect. (r) “Industrial life insurance” means life insurance provided by an individual policy with the term “industrial” printed on the policy as part of the brief description required by § 16–213 of this article, and under which premiums are payable monthly or more frequently, if the face amount of the insurance provided by the policy does not exceed $1,000. (s) Except as expressly provided otherwise in this article, “insurance” means a contract to indemnify or to pay or provide a specified or determinable amount or benefit on the occurrence of a determinable contingency. (t) (1) “Insurance business” includes the transaction of: (i) all matters pertaining to an insurance contract, either before or after it takes effect; and (ii) all matters arising from an insurance contract or a claim under it. (2) “Insurance business” does not include pooling by public entities for self–insurance of casualty, property, or health risks. (u) (1) “Insurance producer” means a person that, for compensation, sells, solicits, or negotiates insurance contracts, including contracts for nonprofit health service plans, dental plan organizations, and health maintenance organizations, or the renewal or continuance of these insurance contracts for: (i) persons issuing the insurance contracts; or (ii) insureds or prospective insureds other than the insurance producer. (2) “Insurance producer” does not include: (i) an individual who performs clerical or similar office duties while employed by an insurance producer or insurer, including a clerical employee, other than a clerical employee of an insurer, who takes insurance information or receives premiums in the insurance producer’s office, if the employee’s compensation does not vary with the number of applications or amount of premiums; (ii) a regular salaried officer or employee of an insurer who gives help to or for a licensed insurance producer, if the officer or employee is not paid a commission or other compensation that depends directly on the amount of business obtained; or (iii) if not paid a commission, a person that obtains and forwards information for: 1. group insurance coverage; 2. enrolling individuals under group insurance coverage; 3. issuing certificates under group insurance coverage; or 4. otherwise assisting in administering group plans. (v) “Insurer” includes each person engaged as indemnitor, surety, or contractor in the business of entering into insurance contracts. (w) “Licensed insurance producer” means an insurance producer that has: (1) obtained a license under Title 10, Subtitle 1 of this article; and (2) in the case of an insurance producer that acts on behalf of an insurer other than the Maryland Automobile Insurance Fund, obtained an appointment under Title 10, Subtitle 1 of this article. (x) (1) “Life insurance” means insurance for which the probabilities of the duration of human life or the rate of mortality are an element or condition of the insurance. (2) “Life insurance” includes the granting of: (i) endowment benefits; (ii) additional benefits in the event of death by accident or accidental means; (iii) additional disability benefits in the event of dismemberment or loss of sight; (iv) additional disability benefits that operate to safeguard the contract from lapse or to provide a special surrender value, special benefit, or annuity in the event of total and permanent disability; (v) benefits that provide payment or reimbursement for long–term home health care, or long–term care in a nursing home or other related institution; (vi) burial insurance; (vii) optional modes of settlement of proceeds of life insurance; (viii) additional benefits for a second opinion for specified health conditions; and (ix) additional benefits that provide a lump–sum benefit for a specified disease and that meet the requirements established by the Commissioner under § 15–109 of this article. (3) “Life insurance” does not include workers’ compensation insurance. (y) “Life insurer” means an insurer in life insurance. (z) (1) “Marine insurance” includes: (i) insurance against loss or damage in connection with any risk of navigation, transit, or transportation, including war risks, marine builder’s risks and personal property floater risks, to vessels, craft, aircraft, automobiles, trailers, or vehicles of any kind, as well as all goods, freight, cargoes, merchandise, effects, disbursements, profits, money, bullion, precious stones, securities, choses in action, evidences of debt, valuable papers, bottomry and respondentia interests, and all other kinds of property and interests: 1. on or under water, on land, or in the air; 2. while being assembled, packed, crated, baled, compressed, or similarly prepared for shipment or while awaiting shipment; or 3. during any delay, storage, transshipment, or incidental reshipment; (ii) except as provided in paragraph (2) of this subsection, insurance against: 1. loss or damage to a person or property in connection with or as part of marine, inland marine, transit, or transportation insurance arising out of or in connection with the construction, repair, operation, maintenance, or use of the subject matter of the insurance; and 2. legal liability of the insured for loss of or damage to the person or property; (iii) insurance against loss or damage to precious stones, jewels, jewelry, gold, silver and other precious metals, whether used in business or trade or otherwise or whether in course of transportation or otherwise; (iv) except as provided in paragraph (2) of this subsection, insurance against loss or damage to bridges, tunnels, other instrumentalities of transportation and communication, auxiliary facilities and related equipment, piers, wharves, docks, slips, other aids to navigation and transportation, dry docks, and marine railways; and (v) travel insurance, as defined in § 10–101 of this article. (2) “Marine insurance” does not include: (i) life insurance, surety bonds, or insurance against loss because of bodily injury to a person arising out of ownership, maintenance, or use of an automobile, unless a part of travel insurance, as defined in § 10–101 of this article; or (ii) insurance against loss or damage to buildings that are instrumentalities of transportation and communication, their furniture and furnishings, and fixed contents and supplies stored in the buildings. (aa) “Marine protection and indemnity insurance” means insurance against, or against legal liability of the insured for, loss, damage, or expense arising out of or incident to the ownership, operation, chartering, maintenance, use, repair, or construction of a vessel, craft, or instrumentality used in ocean or inland waterways, including legal liability of the insured for personal injury, illness, or death or for loss or damage to the property of another person. (bb) “Mutual insurer” means an insurer that is incorporated without capital stock and the governing body of which is elected in accordance with this article. (cc) “Negotiate” means to confer directly with or offer advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms, or conditions of the contract, provided that the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers. (dd) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, or other entity. (ee) (1) “Policy” means the written instrument in which an insurance contract is set forth. (2) “Policy” includes all clauses, endorsements, riders, and other papers attached to or made part of the insurance contract. (ff) (1) “Premium” means consideration for insurance. (2) “Premium” includes: (i) except as provided in paragraph (3) of this subsection, an assessment; and (ii) a membership fee, policy fee, survey fee, inspection fee, service fee, driving record report fee, accident history report fee, or other similar fee in consideration for an insurance contract. (3) “Premium” does not include: (i) an assessment as described in § 9–225 of this article; or (ii) an assessment made under any State law that provides for insolvency protection or insurance availability. (gg) (1) “Property insurance” means insurance on real or personal property on land, in water, or in the air or an interest in real or personal property against loss or damage from any hazard or cause and against loss that is consequential to the loss or damage. (2) “Property insurance” includes fire insurance, flood insurance, extended coverage insurance, homeowners insurance, farm owners insurance, allied lines insurance, earthquake insurance, growing crops insurance, aircraft physical damage insurance, automobile physical damage insurance, glass insurance, livestock insurance, and animal insurance. (3) “Property insurance” does not include insurance against legal liability for loss or damage to real or personal property. (hh) “Reciprocal insurance” means insurance that arises from an exchange among subscribers of mutual agreements of indemnity and that is effected through an attorney in fact common to the subscribers. (ii) “Reciprocal insurer” means an unincorporated aggregation of subscribers that operate individually and collectively through an attorney in fact to provide reciprocal insurance. (jj) “Reinsurance” means a contract under which an insurer obtains insurance for itself from another insurer for all or part of an insurance risk. (kk) “Sell” means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurer. (ll) “Solicit” means to attempt to sell insurance or to ask or urge a person to apply for a particular kind of insurance from a particular insurer. (mm) Except as otherwise expressly provided in this article, “state” means: (1) a state, possession, territory, or commonwealth of the United States; or (2) the District of Columbia. (nn) “Stock insurer” means an insurer that is incorporated with capital that is divided into shares and owned by its stockholders. (oo) “Surety insurance” includes: (1) fidelity insurance, which is insurance that guarantees the fidelity of persons that hold positions of public or private trust; (2) insurance that guarantees the performance of contracts other than insurance contracts; (3) insurance that guarantees the execution of bonds, undertakings, and contracts of suretyship; and (4) insurance that indemnifies banks, bankers, brokers, or financial corporations or associations against loss from any cause of bills of exchange, notes, bonds, securities, evidences of debt, deeds, mortgages, warehouse receipts, other valuable papers, documents, money, precious metals, articles made from precious metals, jewelry, watches, necklaces, bracelets, gems, and precious and semi–precious stones, including loss during transportation by messenger or in armored motor vehicles, but not against other risks of transportation or navigation, and insurance against loss or damage to a bank’s, banker’s, broker’s, or financial corporation’s or association’s premises or furniture, fixtures, equipment, safes, and vaults on the premises caused by burglary, robbery, theft, vandalism, or malicious mischief, or attempted burglary, robbery, theft, vandalism, or malicious mischief. (pp) “Surplus lines insurance” means the full amount or kind of insurance needed to protect the interest of the insured that: (1) cannot be obtained from an authorized insurer; or (2) for the particular kind and class of insurance to provide coverage against liability of persons described in § 24–206(1) of this article, cannot be obtained from three or more authorized insurers that write that kind and class of insurance on a broad basis. (qq) “Title insurance” means insurance of owners of property or other persons that have an interest in the property against loss by encumbrance, defective title, invalidity of title, or adverse claim to title. (rr) “Unauthorized insurer” means an insurer that does not hold a certificate of authority. (rr–1) “Uniformed services” has the meaning stated in § 9–901 of the State Government Article. (ss) “Wet marine and transportation insurance” means the part of marine insurance that includes only: (1) insurance of vessels, crafts, or hulls and interests in or related to them; (2) insurance of marine builder’s risks or marine war risks; (3) marine protection and indemnity insurance; (4) insurance of freights and disbursements pertaining to a subject of insurance under this subsection; and (5) insurance of personal property and interests in personal property, in connection with any risk of navigation, transit, or transportation: (i) in the course of exportation from or importation into a country and in the course of transportation along a coast or on inland waters, including transportation by land, water, or air from point of origin to final destination; (ii) while being prepared for and while awaiting shipment; and (iii) during any delay, storage, transshipment, or incidental reshipment. (tt) (1) “Wholesale life insurance” means life insurance that is: (i) distributed on a mass merchandising basis; (ii) administered by group methods provided, with or without evidence of insurability, by individual policies; and (iii) made available to employees or members under a program, which also may provide coverage of dependents of the employees or members, sponsored by: 1. an employer or association of employers; 2. a union or association of unions; 3. an association of individuals who have the same occupation or profession; 4. an association of civil service employees; 5. a religious, charitable, recreational, educational, civic, or fraternal organization or association; 6. a school; 7. a sports team; 8. a volunteer fire department; or 9. a group approved by the Commissioner that has a common administrative capacity, is not organized primarily for the sale of insurance, and has sufficient numbers to allow for lower rates. (2) “Wholesale life insurance” does not include a policy solely because the premium for the policy is paid by salary deduction, salary savings, payroll allotment, or similar arrangement.Next
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Article - Natural Resources PreviousNext
§2–101. (a) In this title the following words have the meanings indicated. (b) “Commission” means Commission of the Maryland Geological Survey. (c) “Department” means Department of Natural Resources. (d) “Fund” means the Maryland Geological Survey Fund established under § 2–205 of this title. (e) “Paleontology” means the branch of geology that deals with prehistoric forms of life through the study of plant and animal fossils. (f) “Secretary” means Secretary of Natural Resources. (g) “Survey” means Maryland Geological Survey.PreviousNext
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Article - Natural Resources PreviousNext
§3–101. (a) In this subtitle the following words and terms have the meanings indicated. (b) “Board” means the Board of Directors of the Maryland Environmental Service. (c) “Bonds” means all bonds or other evidences of indebtedness of the Service other than notes, whether general or limited obligations of the Service. (d) “Cost” as applied to a water supply project, a solid waste disposal project, a wastewater purification project, an energy project, a service area, a service district, or to any activity undertaken by the Service, includes: (1) the cost of construction or acquisition, including the purchase price of any existing project or the cost of acquiring all or any portion of the right, title, or interest in the project and the amount to be paid to discharge all obligations necessary to vest title to the project or any part of it in the Service or other owner; (2) the cost of any reconstruction, extension, enlargement, alteration, repair, or improvement; (3) the cost of all lands, properties, rights, easements, interests, franchises, and permits acquired; (4) the cost of all labor, machinery and equipment, financing charges, interest prior to and during construction and for such period after completion of construction as the Service deems appropriate; (5) the cost of revenue estimates, engineering and legal services, plans, designs, specifications, surveys, investigations, demonstrations, studies, estimates of cost, other expenses necessary or incident to determining the feasibility or practicability of any such acquisition, improvement, or construction; (6) administrative and overhead expenses, and all expenses necessary or incidental to the financing herein authorized, and to the acquisition, operation, maintenance, improvement, construction of water supply, liquid, solid waste, and energy project facilities, and the placing of these project facilities in operation, including reasonable provision for working capital; (7) reserves for principal and interest and for extensions, enlargements, additions and improvements. Any obligation or expense incurred prior to the issuance of bonds or notes under the provisions of this title in connection with the foregoing items of cost may be regarded as a part of such costs. (e) The word “county” includes Baltimore City unless otherwise indicated. (f) “Energy project” means any service, facility, system, or property, real or personal, used, useful, or having present capacity for use in connection with: (1) Energy conservation; or (2) The production, generation, or distribution of energy from a renewable or other energy source. (g) “Executive Director” means the Executive Director of the Maryland Environmental Service. (h) “Facility” means a physical structure or appurtenance built, constructed, acquired, installed, or established to perform a function or service in connection with a water supply, wastewater purification, solid waste disposal, or energy project whether publicly or privately owned and whether existing or proposed. (i) “Liquid waste” means: (1) Stormwater runoff; and (2) Any water–carried wastes or wastes which are liquid in nature created in and carried away, or to be carried away, from residences, institutions, industrial establishments, commercial establishments, or any other public or private building, structure, or facility. (j) “Municipality” means any county, municipal corporation, sanitary district, State or local unit, the District of Columbia, the United States or any of its units, or other public body or unit created or established by or in accordance with federal, State, or local law, ordinance, or resolution. (k) “Notes” means bond anticipation notes, revenue anticipation notes, and grant anticipation notes of the Service, whether general or limited obligations of the Service. (l) “Person” means any natural person, individual, firm, partnership, association, cooperative, limited liability company, corporation, or other entity. (m) (1) “Project” means a solid waste disposal project, a wastewater purification project, a water supply project, or an energy project, as the case may be. (2) “Project” includes any service, facility, or property used or useful or having present capacity for future use in connection with: (i) The transporting, transferring, compacting, burying, incinerating, reduction, composting, collection, storage, treatment, utilization, processing, or final disposal of liquid wastes, solid wastes or water, as the case may be; (ii) The conversion of liquid wastes, solid wastes or water, as the case may be, to fuel, steam, electricity, energy, or other resources or the generation of steam, electricity, or other forms of energy from fuel which is derived from, or is otherwise related to, liquid wastes, solid wastes or water, as the case may be; (iii) The reconstruction, converting or otherwise recycling of liquid wastes, solid wastes or water, as the case may be, into material which is not liquid waste, solid waste or water or which is useful or is marketable; or (iv) Any combination of items (i) through (iii) of this paragraph, whether or not such facilities are located on a single site. (3) “Project” also includes: (i) Waste disposal facilities, pollution control facilities, and facilities for generating and furnishing electric energy or gas or other forms of energy which can be financed by bonds the interest on which is exempt from income tax under the Internal Revenue Code of 1986, as amended, whether such interest would have been tax exempt at the time of the enactment of this subtitle or of any amendment thereto; and (ii) Any facilities and properties within the definition of “project”, “solid waste disposal project”, “wastewater purification project”, “water supply project”, or “energy project” set forth in this subsection, whether or not such facilities or properties can be financed by bonds the interest on which is tax exempt under the Internal Revenue Code of 1986, as amended, it being the purpose and intent of this subtitle that the terms “project”, “solid waste disposal project”, “wastewater purification project”, “water supply project”, and “energy project” be liberally construed so as to effectuate the purposes of this subtitle. (4) “Project”, “solid waste disposal project”, “wastewater purification project”, “water supply project”, and “energy project” include land, buildings, structures, machinery, equipment, rail or motor vehicles, barges, boats, and all properties and rights therein and appurtenances thereof, rights–of–way, franchises, easements, and other interests in land, all land and facilities that are functionally or administratively related and subordinate to the solid waste disposal project, wastewater purification project, water supply project, or energy project, as the case may be, and all patents, licenses, and other rights necessary or useful in the planning, development, construction, or operation of a solid waste disposal project, wastewater purification project, water supply project, or energy project. (n) “Service” means the Maryland Environmental Service. (o) “Service district” means a geographic area established by the Service, after consultation with the municipalities affected, for the purpose of providing water supply projects, wastewater purification projects or solid waste disposal projects. Service districts may encompass areas containing projects of the Service as well as nonduplicating, noncompetitive projects owned and operated by municipalities or persons. Service districts shall be based upon approved State–county master water and sewerage plans or solid waste disposal plans, if any, adopted pursuant to the Environment Article, but they may also take account of other plans and studies. (p) “Service region” means a geographic area which the Maryland Environmental Service designates and within which the Executive Director, after consultation with the municipalities affected, causes surveys, plans, studies, and estimates to be made for the purpose of determining the most dependable, effective, and efficient means of providing services through water supply projects, solid waste disposal projects, or wastewater purification projects. Service regions shall be based upon needs set forth in approved State–county master water and sewerage plans, or solid waste disposal plans, if any, adopted pursuant to the Environment Article, but they may also take account of other plans and studies. (q) “Solid waste disposal project” means any service, facility, or real or personal property used or useful or having present capacity for future use in connection with the measurement, management, collection, disposal, prevention, or recycling of solid wastes by any means, including disposal, recovery, or reuse to produce energy or products, or otherwise. (r) “Solid wastes” means all waste materials, whether solid, liquid, or gas, including liquid wastes. The term includes garbage, rubbish, ashes, incinerator residue, wastewater treatment residue, street cleanings, dredged materials, dead animals, demolition and construction debris, household appliances, hazardous materials, automobile bodies, offal, paunch manure, methane or any other gases, sewage sludge and solid or gaseous waste materials from commercial, agricultural, residential, industrial, or community activities. (s) “Wastewater purification project” means any service, facility, or property, real or personal, used or useful or having present capacity for future use in connection with the measurement, management, prevention, redirection, collection, or treatment of liquid wastes. (t) “Water supply project” means any service, facility, or property, real or personal, used, useful, or having present capacity for future use in connection with water supply, protection, and distribution, including any water treatment facility or property and rights therein and appurtenances thereto.PreviousNext
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Article - Real Property PreviousNext
§13–101. (a) In this title the following words have the meanings indicated unless otherwise apparent from context. (b) “Abandoned land” means land that has boundaries that are located within or contiguous to land owned and managed by the Department of Natural Resources: (1) For which no property tax payment has been made within 20 years immediately preceding the date of an application for a certificate of reservation for public use by a unit of State government; and (2) Which has not been actually possessed by a person, under claim of title or otherwise, for a continuous period of 20 years immediately preceding the date of an application for a certificate of reservation for public use by a unit of State government. (c) “Certificate of reservation” means a certificate issued by the Commissioner at the request of a governmental body upon a determination that vacant land or abandoned land exists and the governmental body wishes to reserve the land for public use. (d) “Commission” means the Hall of Records Commission. (e) “Commissioner” means the State Archivist who, while performing the duties and exercising the powers provided in this title, is known as the “Commissioner of Land Patents”. (f) “Expense” includes any charge, cost, deposit, fee, or tax incurred in connection with a land patent proceeding. (g) “Governmental body” includes any unit of State government, any county or municipal corporation, or any agency or instrumentality of any county or municipal corporation. (h) (1) “Land” means any area of land in the State, including any two or more areas of land with a common boundary for at least part of their perimeters. (2) “Land” includes vacant land and abandoned land. (3) “Land” does not include any area covered by navigable water unless it was included in a patent issued before March 3, 1862. (i) “Mail” means to deposit in the United States mails, postage prepaid, endorsed “Restricted Delivery –– Return Receipt Requested”. (j) “Patent” means: (1) Any grant confirmed by Article 5 of the Declaration of Rights of the Maryland Constitution; (2) Any valid grant made under prior law by the State of its interests in any vacant, resurveyed, escheat, or confiscated land; or (3) Any grant made under this title by the State of its interest in any land. (k) “Public use” means use by or for the benefit of the public. (l) “Survey”, whether used as a noun or as a verb in any form or tense, means: (1) The act of surveying any vacant land in order to obtain a patent for the land; or (2) The act of resurveying any land for which a patent previously was issued in order to obtain a new patent for the land. (m) “Surveyor” means any professional land surveyor or property line surveyor licensed under the Maryland Professional Land Surveyors Act. (n) “Vacant land” means land for which a patent never has been issued or for which the applicant believes that a patent never has been issued. (o) “Verify” means to state in writing, under penalties of perjury, that the matters and facts set forth in the document to which the statement relates are true and complete to the best of the knowledge, information, and belief of the person making the statement.PreviousNext
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Article - Transportation PreviousNext
§3–101. (a) In this title the following words have the meanings indicated. (b) “Airport facility”: (1) Has the meaning stated in § 5-101 of this article; and (2) Includes any one or more or combination of air navigation facilities, as defined in § 5-101 of this article. (c) “Bonds of prior issues” means: (1) All “State highway construction bonds, second issue” and “State highway construction bonds, third issue” issued and sold under Article 89B of the Code of 1957; and (2) All bonds issued and sold under Article 62B of the Code of 1957, evidencing the “Maryland Port Authority Loan of 1958”, “Maryland Port Authority Second Loan of 1961”, and “Maryland Port Authority Loan of 1967”. (d) “Cost”, as applied to any transportation facility, includes the cost of and all expenses incident to the construction, reconstruction, acquisition, improvement, extension, alteration, modernization, planning, maintenance, and repair of the facility, including the cost and expenses of: (1) All property acquired in connection with it; (2) Financial, architectural, consulting, engineering, and legal services; (3) Plans, specifications, surveys, estimates, feasibility reports, and direct and indirect labor, material, equipment, and administrative expenses; and (4) Financing the facility, including financing charges and interest before, during, and for 1 year after completion of construction. (e) “Debt service” means the amount annually needed to pay the maturing principal of and interest on bonds, notes, and other evidences of obligation and to meet sinking fund requirements for these purposes. (f) (1) In this definition, “highway” and “State highway system” have the meanings stated in § 8-101 of this article. (2) “Highway facility” includes any one or more or combination of projects involving the rehabilitation and reconstruction of highways in the State highway system to meet present and future needs and the development and construction in new locations of new highways necessitated by traffic demands to become parts of the State highway system, including federally aided highway projects partially funded by this State and all incidental property rights, materials, facilities, and structures. (g) “Outstanding and unpaid” does not include: (1) Bonds purchased and held in sinking funds by or for the Department; or (2) If the money for their payment or redemption has been provided: (i) Matured bonds not presented for payment; or (ii) Bonds called for redemption but not presented for redemption. (h) “Port facility” has the meaning stated in § 6-101 of this article. (i) (1) “Railroad facility” includes any one or more or combination of: (i) Switches, spurs, tracks, structures, terminals, yards, real property, and other facilities useful or designed for use in connection with the transportation of persons or goods by rail; and (ii) All other appurtenances, including locomotives, cars, vehicles, and other instrumentalities of shipment or carriage, useful or designed for use in connection with the transportation of persons or goods by rail. (2) “Railroad facility” does not include any transit facility. (j) “Refunding” means the retirement and cancellation of bonds, including bonds of prior issues, after their acquisition by or for the Department, whether before, at, or after maturity, either in exchange for other bonds or by payment, purchase, or redemption with the proceeds of the sale of other bonds. (k) “Transit facility” includes any one or more or combination of tracks, rights-of-way, bridges, tunnels, subways, rolling stock, stations, terminals, ports, parking areas, equipment, fixtures, buildings, structures, other real or personal property, and services incidental to or useful or designed for use in connection with the rendering of transit service by any means, including rail, bus, motor vehicle, or other mode of transportation but does not include any railroad facility. (l) “Transportation facility” includes any one or more or combination of: (1) Airport facilities; (2) Highway facilities; (3) Port facilities; (4) Railroad facilities; and (5) Transit facilities.PreviousNext
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Article - Transportation PreviousNext
§4–101. (a) In this title the following words have the meanings indicated. (b) “Authority” means the Maryland Transportation Authority. (c) “Cost”, as applied to any transportation facilities project, includes the cost of and all expenses incident to the construction, reconstruction, acquisition, improvement, extension, alteration, modernization, planning, maintenance, and repair of the project, including the cost and expenses of: (1) All property acquired in connection with it; (2) Financial, architectural, consulting, engineering, and legal services; (3) Plans, specifications, surveys, estimates, feasibility reports, and direct and indirect labor, material, equipment, and administrative expenses; and (4) Financing the project, including financing charges and interest before, during, and for 1 year after completion of construction. (d) “Outstanding and unpaid” does not include: (1) Bonds purchased and held in sinking funds by or for the Authority; or (2) If the money for their payment or redemption has been provided: (i) Matured bonds not presented for payment; or (ii) Bonds called for redemption but not presented for redemption. (e) “Refunding” means the retirement and cancellation of bonds, including revenue bonds of prior issues, after their acquisition by or for the Authority, whether before, at, or after maturity, either in exchange for other bonds or by payment, purchase, or redemption with the proceeds of the sale of other bonds. (f) “Resolution”, as used with respect to the Authority, means a resolution adopted by the affirmative vote of a majority of the appointed members of the Authority and concurred in by the Chairman. (g) “Revenue bonds of prior issues” means: (1) “State of Maryland Bridge and Tunnel Revenue Bonds” dated as of October 1, 1954; (2) “State of Maryland Northeastern Expressway Revenue Bonds” dated as of January 1, 1962; (3) “State of Maryland Bridge and Tunnel Revenue Bonds”: (i) “(Series 1968)” dated as of October 1, 1968; and (ii) “(Series 1975)” dated as of July 1, 1975; and (4) Any other revenue bonds issued under the same provisions of law that authorized the issuance of the bonds listed in this subsection. (h) “Transportation facilities project” includes: (1) The Susquehanna River Bridge, the Harry W. Nice/Thomas “Mac” Middleton Potomac River Bridge, the William Preston Lane, Jr. Memorial Chesapeake Bay Bridge and parallel Chesapeake Bay Bridge, the Baltimore Harbor Tunnel, the Fort McHenry Tunnel, the Francis Scott Key Bridge, and the John F. Kennedy Memorial Highway, together with their appurtenant causeways, approaches, interchanges, entrance plazas, toll stations, and service facilities; (2) A vehicle parking facility located in a priority funding area as defined in § 5–7B–02 of the State Finance and Procurement Article; (3) Any other project for transportation facilities that the Authority authorizes to be acquired or constructed; and (4) Any additions, improvements, or enlargements to any of these projects, whenever authorized. (i) “Transportation facility” has the meaning stated in § 3–101 of this article. (j) “Vehicle parking facility” means a controlled entrance and exit building, structure, surface lot, and other facility for parking vehicles, for which fees or charges are established for the use of the facility.PreviousNext
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The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)