Category: Attorney General Opinions

Dr. Charles W. Ehart Director, Alcohol and Tobacco Tax Unit Comptroller of the Treasury. Attorney General of Maryland — Opinion April 9, 1999. ALCOHOLIC BEVERAGES LICENSES — INTERPRETATION OF TERM “FINANCIAL INTEREST” IN PROVISION OFALCOHOLIC BEVERAGE LAW THAT PROHIBITS MANUFACTURERS AND WHOLESALERS FROMHAVING FINANCIAL INTEREST IN RETAILERS. J. JOSEPH CURRAN, JR. Dear Charles W. Ehart […]

The Honorable Joel J. Todd State’s Attorney for Worcester County. Attorney General of Maryland — Opinion August 12, 2010. COURTS AND JUDGESCRIMINAL PROCEDURE — FEES — COSTS — ASSESSMENT OF”COSTS OF PROSECUTION” FOR WHICH A CONVICTED DEFENDANT ISLIABLE DOUGLAS F. GANSLER, ATTORNEY GENERAL. Dear Joel J. Todd You have asked for an interpretation of certain […]

The Honorable William D. Missouri Circuit Court Administrative Judge Seventh Judicial Circuit. Attorney General of Maryland — Opinion May 24, 1999. COURTS AND JUDGES STATE’S ATTORNEYS — STATE’S ATTORNEY APPOINTED BY COURT TO PROSECUTECONTEMPT CHARGE MAY NOLLE PROS CHARGE WITHOUT PRIOR COURT APPROVAL J. JOSEPH CURRAN, JR. Dear William D. Missouri You have requested our […]

The Honorable Jerry F. Barnes Attorney General of Maryland — Opinion January 10, 1997 The Honorable Jerry F. Barnes State’s Attorney for Carroll County Winchester Building — Suite 303 125 North Court Street Westminster, Maryland 21158-0530 J. JOESPH CURRAN, JR. Dear Mr. Barnes: You have requested our opinion concerning your office’s desire to develop and […]

Mr. Ronald L. Bowers, Administrator Property Tax Assessment Appeals Boards Attorney General of Maryland — Opinion August 16, 2004 ASSESSMENT AND TAXATION AUTHORITY OF PROPERTY TAX ASSESSMENT APPEAL BOARD TO OBTAIN REVIEW OF ASSESSMENTS J. JOSEPH CURRAN, JR. Dear Mr. Ronald L. Bowers, Administrator You have asked for our opinion concerning the authority of a […]

L. Russell Molnar President, Wicomico County Council Attorney General of Maryland — Opinion February 15, 2001 Counties — Taxation — Recordation And Transfer Taxes — Referenda — Absent Authority From General Assembly, County May Not Refund Tax Revenues Paid Under Emergency Tax Rejected By Referendum J. JOSEPH CURRAN, JR. Dear L. Russell Molnar On behalf […]

Dr. Rodney Orange, Co-Chair Angela Bethea-Spearman, Co-Chair Red Line Citizens Advisory Council. Attorney General of Maryland — Opinion July 2, 2009. MASS TRANSIT ADMINISTRATION WHETHER APPOINTING AUTHORITY MAY NAME “ALTERNATE” MEMBERS FOR RED LINEADVISORY COUNCIL DOUGLAS F. GANSLER, Attorney General. You have requested our opinion concerning appointments to the Citizens’ Advisory Council for the Baltimore […]

The Honorable Joseph M. Getty Attorney General of Maryland — Opinion December 18, 1998 The Honorable Joseph M. Getty P.O. Box 398 Manchester, Maryland 21101-0398 J. JOSEPH CURRAN, JR. Dear Delegate Getty: You have requested an opinion with regard to per diem expense allowances received by the County Commissioners of Carroll County. We understand that […]

The Honorable Walter J. Behr Mayor, Town of Somerset Attorney General of Maryland — Opinion October 16, 2003 MUNICIPALITIES — TOWN MAY AMEND CHARTER TO ALLOW FOR LEGISLATION BY BALLOT INITIATIVE J. JOSEPH CURRAN, JR. Dear Honorable Walter J. Behr Mayor, Town of Somerset You have requested our opinion whether a municipal charter may include […]

The Honorable Martin O’Malley, Governor of Maryland. Attorney General of Maryland — Opinion December 13, 2010. ORPHANS COURT ELECTIONS — PUBLIC OFFICERS AND EMPLOYEES — COMMISSION SHOULDNOT BE ISSUED TO CANDIDATE RECENTLY ELECTED TO ORPHANS’ COURT FORBALTIMORE CITY BECAUSE CANDIDATE LACKS A CONTINUING QUALIFICATIONFOR THAT OFFICE THAT WAS CONTAINED IN ACONSTITUTIONAL AMENDMENT RATIFIED BY THE […]

Marvin L. “Doc” Cheatham, Sr. President, Baltimore City Board of Elections Attorney General of Maryland — Opinion October 17, 2002 ELECTIONS — BALTIMORE CITY — DATE OF NEXT MUNICIPAL GENERALELECTION IN BALTIMORE CITY J. JOSEPH CURRAN, JR. Dear Marvin L. “Doc” Cheatham, Sr. On behalf of the Baltimore City Board of Elections, you have requested […]

Jerry D. Weast, Ed.D. Attorney General of Maryland — Opinion March 12, 2003 Jerry D. Weast, Ed.D. Superintendent of Schools Montgomery County Public Schools 840 Hungerford Drive Rockville, Maryland 20850-1747 J. JOSEPH CURRAN, JR. Dear Dr. Weast: You have asked for our interpretation of a State statute that entitles public employees who serve in the […]

The Honorable Lynda G. Fox Attorney General of Maryland — Opinion April 3, 2000 Social Services — Public Schools — Public ContractsStatutory Exception to Confidentiality of Child Abuseand Neglect Records Related to Public School EmployeesDoes Not Apply to Independent Contractors The Honorable Lynda G. Fox Secretary of Human Resources J. JOSEPH CURRAN, JR. Dear Honorable […]

The Honorable Robert L. Flanagan Attorney General of Maryland — Opinion January 5, 1996 The Honorable Robert L. Flanagan 12400 Clarksville Pike Clarksville, Maryland 21029-1225 J. JOSEPH CURRAN, JR. Dear Delegate Flanagan: You have requested our opinion on several issues related to the Maryland Stadium Authority (“MSA”) and its contract with the Cleveland Browns: 1. […]

Mr. John E. O’Donnell Attorney General of Maryland — Opinion March 10, 2000 Mr. John E. O’Donnell Executive Director State Ethics Commission 300 East Joppa Road, Suite 301 Towson, MD 21286 J. JOSEPH CURRAN, JR. Dear Mr. O’Donnell: You have asked for our opinion on which State agency purchases of residential and similar human, social, […]

The Honorable Marna McLendon Attorney General of Maryland — Opinion April 11, 2000 Family Law — Domestic Violence — Full Faith and Credit Criminal Enforcement of Out-of-State Protective OrdersThe Honorable Marna McLendon State’s Attorney for Howard County J. JOSEPH CURRAN, JR. Dear Honorable Marna McLendon You have requested an opinion regarding the criminal enforcement of […]

The Honorable Nancy C. Jacobs Maryland Senate. Attorney General of Maryland — Opinion July 2, 2009. GENERAL ASSEMBLY CONSTITUTIONAL LAW — REDISTRICTING — USE OF TOTAL RESIDENTS NUMBERSFOR PURPOSES OF STATE LEGISLATIVE REDISTRICTING DOUGLAS F. GANSLER, Attorney General. You have asked our opinion about the use of the “total residents” numbers from the United States […]

The Honorable Louis L. Goldstein Attorney General of Maryland — Opinion December 23, 1997 The Honorable Louis L. Goldstein Treasury Building — Room 121 P.O. Box 466 Annapolis, Maryland 21404-0466 J. JOESPH CURRAN, JR. Dear Comptroller Goldstein: You have requested our opinion on several issues raised by a liability and indemnity provision in a procurement […]

The Honorable Michael J. Collins Attorney General of Maryland — Opinion July 9, 1998 The Honorable Michael J. Collins Senate Chairman Joint Committee on Legislative Ethics Department of Legislative Services 90 State Circle Annapolis, Maryland 21401 J. JOSEPH CURRAN, JR. Dear Senator Collins: You have requested our opinion on a series of questions regarding the […]

The Honorable Sheila E. Hixson Maryland State Delegate Attorney General of Maryland — Opinion September 23, 2002 COUNTIES — HOME RULE COUNTIES — TOBACCO REGULATION — POWER OF COUNTY TO ENACT ORDINANCE REGULATING SMOKING IN PRIVATE RESIDENCES J. JOSEPH CURRAN, JR. Dear Honorable Sheila E. Hixson You have asked for our opinion whether a county […]

Mr. Roger C. Thomas, General Counsel Prince George’s County Public Schools. Attorney General of Maryland — Opinion June 9, 2006. EDUCATION PUBLIC SCHOOLS — ELIGIBILITY OF CURRENT MEMBERS OF APPOINTED BOARD OF EDUCATION TO RUN FOR ELECTIVE POSITION ON BOARD J. Joseph Curran, Jr., Attorney General Dear Mr. Roger C. Thomas, General Counsel On behalf […]

The Honorable Shane Pendergrass Maryland Delegate Attorney General of Maryland — Opinion March 6, 2001 Property — Assessments And Taxation — Truth In Taxation ActDoes Not Affect Assessment Ratio Used To Compute Charge Imposed ByColumbia Association J. JOSEPH CURRAN, JR. Dear Honorable Shane Pendergrass You have requested our opinion concerning the impact of last year’s […]

Steven B. Larsen, Esquire Attorney General of Maryland — Opinion September 28, 1998 Steven B. Larsen, Esquire Insurance Commissioner Maryland Insurance Administration 525 St. Paul Place Baltimore, Maryland 21202-2272 J. JOSEPH CURRAN, JR. Dear Commissioner Larsen: You have requested our opinion on the circumstances under which a member of a health maintenance organization (“HMO”) may […]

Jay L. Liner, County Attorney Amanda S. Conn, Assistant County Attorney Baltimore County Office of Law Attorney General of Maryland — Opinion February 7, 2005 PUBLIC INFORMATION ACT MEDICAL RECORDS — EMERGENCY MEDICAL SERVICES — MEDICAL INFORMATION ABOUT AN INDIVIDUAL THAT APPEARS IN AMBULANCE DISPATCH RECORD MAY NOT BE DISCLOSED IN RESPONSE TO PIA REQUEST […]

Carlessia A. Hussein, Dr.P.H. Attorney General of Maryland — Opinion November 9, 1998 Carlessia A. Hussein, Dr.P.H. Director, Community and Public Health Administration, Department of Health and Mental Hygiene 201 West Preston Street Baltimore, Maryland 21201 J. JOSEPH CURRAN, JR. Dear Dr. Hussein: Your have requested our opinion whether local health departments must report the […]

Peter Beilenson, M.D., M.P.H., Commissioner Baltimore City Health Department Attorney General of Maryland — Opinion April 30, 2003 HEALTH — LOCAL HEALTH OFFICERS AND DEPARTMENTS — EMERGENCY MEDICAL SERVICES — PHYSICIANS — DRUGS — LEGAL RESTRICTIONS RELATING TO PROPOSED NALOXONE DISTRIBUTION PROGRAM Peter Beilenson, M.D., M.P.H., Commissioner Baltimore City Health Department J. JOSEPH CURRAN, JR. […]

The Honorable Philip C. Jimeno Maryland Senate The Honorable Carolyn J. Krysiak House of Delegates Attorney General of Maryland — Opinion December 9, 2003 EVIDENCE EXPERT TESTIMONY — BUSINESSES AND PROFESSIONS — WHETHER ELECTRICAL ENGINEER MAY TESTIFY AS AN EXPERT ON ORIGIN OF A FIRE J. JOSEPH CURRAN, JR. Dear Honorable Philip C. Jimeno Maryland […]

Steven Kaufman, L.Ac., Chair Board of Acupuncture Maryland Department of Health and Mental Hygiene. Attorney General of Maryland — Opinion August 17, 2010. HEALTH OCCUPATIONS Physical Therapists — Acupuncturists — Physical TherapyBoard Has Authority to Determine by Regulation Whether”Dry Needling” is Within the Scope of Practice of PhysicalTherapy DOUGLAS F. GANSLER. Dear Steven Kaufman On […]

Mr. Paul M. Rose Attorney General of Maryland — Opinion March 7, 2000 Mr. Paul M. Rose President and CEO Injured Workers’ Insurance Fund 8722 Loch Raven Blvd. Towson, Maryland 21286-2235 J. JOSEPH CURRAN, JR. Dear Mr. Rose: You have asked whether the Injured Workers’ Insurance Fund (“IWIF”) may provide copies of medical records that […]

Jonathan A. Hodgson, Esquire Attorney for the Town of Centreville Attorney General of Maryland — Opinion June 21, 2004 ZONING AND PLANNING COUNTIES — MUNICIPALITIES — EFFECT OF MUNICIPAL ANNEXATION ON OPEN SPACE EASEMENTS GRANTED TO COUNTY BEFORE ANNEXATION J. JOSEPH CURRAN, JR. Dear Jonathan A. Hodgson, Esquire On behalf of the Town of Centreville […]

The Honorable Alan M. Wilner Attorney General of Maryland — Opinion April 23, 1998 CORRECTIONS — STATUTES — OBSOLESCENCE OF ARTICLE 27, § 618 The Honorable Alan M. Wilner Chairman, Correctional Services Article Review Committee Department of Legislative Services 90 State Circle Annapolis, Maryland 21401 J. JOSEPH CURRAN, JR. Dear Judge Wilner: On behalf of […]

Thomas Patrick O’Reilly, Chairman Workers’ Compensation Commission Attorney General of Maryland — Opinion December 9, 2003 WORKERS’ COMPENSATION BUSINESSES AND PROFESSIONS — WHETHER A BUSINESS THAT IS NOT AN EMPLOYER MUST HAVE A CERTIFICATE OF COMPLIANCE FROM THE WORKERS’ COMPENSATION COMMISSION IN ORDER TO OBTAIN A BUSINESS LICENSE OR PERMIT J. JOSEPH CURRAN, JR. Dear […]

Ms. Linda H. Lamone, Administrator Maryland State Board of Elections. Attorney General of Maryland — Opinion May 24, 2010. ELECTION LAWCAMPAIGN FINANCE — IN-KIND CONTRIBUTION — CONSTITUTIONALLAW — FREEDOM OF SPEECH DOUGLAS F. GANSLER. Dear Linda H. Lamone You have requested legal advice regarding a letter submitted to the State Board of Elections (“SBE”) by […]

The Honorable George W. Della, Jr. State Senator Attorney General of Maryland — Opinion September 2, 2003 GOVERNOR — APPOINTMENTS — ALCOHOLIC BEVERAGES — LIQUOR BOARDS — RECESS APPOINTEES TO THE BALTIMORE CITY LIQUOR BOARD ARE SUBJECT TO SENATE CONFIRMATION J. JOSEPH CURRAN, JR. Dear Honorable George W. Della, Jr. State Senator You have asked […]

Linda H. Lamone, Esquire State Administrator of Elections Attorney General of Maryland — Opinion April 24, 2001 Elections — Parties — Certain Minor Parties May NominateCandidates By Convention J. JOSEPH CURRAN, JR. Dear Linda H. Lamone, You have asked for our opinion whether a minor political party may nominate its candidates by convention if at […]

The Honorable Barbara Frush House of Delegates Attorney General of Maryland — Opinion November 9, 2004 ANIMALS COUNTIES — PREEMPTION — COUNTY ORDINANCE RESTRICTING TRAPPING OF ANIMALS IS PREEMPTED IN PART BY STATE LAW J. JOSEPH CURRAN, JR. Dear Honorable Barbara Frush You have asked for our opinion whether § 17.307(e) in Howard County Bill […]

Mr. David P. Gray Attorney General of Maryland — Opinion May 2, 2002 COUNTIES — EDUCATION — PUBLIC SCHOOLS — PUBLIC LOCAL LAW PRECLUDES FREDERICK COUNTY COMMISSIONERS FROM AMENDING CURRENT BUDGET OF BOARD OF EDUCATION TO RECOGNIZE UNANTICIPATED SURPLUS FROM PRIOR FISCAL YEAR Mr. David P. Gray President, Board of County Commissioners Winchester Hall Frederick, […]

The Honorable Joseph M. Getty Attorney General of Maryland — Opinion February 22, 1999 The Honorable Donald B. Elliott 323 Lowe House Office Building Annapolis, Maryland 21401-1991 The Honorable Joseph M. Getty 322 Lowe House Office Building Annapolis, Maryland 21401-1991 J. JOSEPH CURRAN, JR. Dear Delegates Elliott and Getty: You have requested our opinion about […]

Dario Broccolino, Esquire Attorney General of Maryland — Opinion February 20, 1996 Dario Broccolino, Esquire Office of the State’s Attorneys’ Coordinator 200 Saint Paul Place Baltimore, Maryland 21202 J. JOSEPH CURRAN, JR. Dear Mr. Broccolino: You have requested our opinion concerning the immunity, if any, that attends the position of the State’s Attorneys’ Coordinator in […]

Jared DeMarinis. Attorney General of Maryland — Opinion August 6, 2007. ELECTIONS CAMPAIGN FINANCE — WHETHER CAMPAIGN FINANCE ENTITY MAY MAKE UNLIMITEDCONTRIBUTION TO A POLITICAL PARTY BY DESIGNATING IT FOR ONGOINGADMINISTRATIVE EXPENSES Jared DeMarinis Director, Division of Candidacy and Campaign Finance Maryland State Board of Elections DOUGLAS F. GANSLER, Attorney General. You have requested our […]

Mr. Don S. Hillier Attorney General of Maryland — Opinion June 2, 1998 Health — Rehabilitation Services — Health ServicesCost Review Commission — State Funding For Uncompensated CareBy Montebello Center Following Consolidation With KernanHospital Mr. Don S. Hillier Chairman Health Services Cost Review Commission 4201 Patterson Avenue — 2nd Floor Baltimore, Maryland 21215 J. JOSEPH […]

The Honorable Kumar P. Barve Attorney General of Maryland — Opinion December 21, 1998 The Honorable Kumar P. Barve Lowe House Office Building Room 222 Annapolis, MD 21401-1991 J. JOSEPH CURRAN, JR. Dear Delegate Barve: You have requested an opinion as to whether Maryland’s system of wholesale wine and liquor price regulation would withstand a […]

The Honorable Joel J. Todd State’s Attorney for Worcester County. Attorney General of Maryland — Opinion March 2, 2006. GAMBLING POKER — POKER TOURNAMENTS THAT AWARDS PRIZES CONSTITUTESGAMBLING IF PLAYERS PAY CONSIDERATION, EITHERDIRECTLY OR INDIRECTLY, TO PARTICIPATE J. JOSEPH CURRAN, JR. You have asked for our opinion whether a particular type of poker tournament falls […]

E. Keith Colston, Administrator, Maryland Commission on Indian Affairs. Attorney General of Maryland — Opinion August 8, 2011. COMMISSION ON INDIAN AFFAIRS RECOGNITION OF MARYLAND INDIAN STATUS — REVISED PETITION FORRECOGNITION MAY BE CONSIDERED BY THE COMMISSION DOUGLAS F. GANSLER. Dear E. Keith Colston On behalf of the Maryland Commission on Indian Affairs (“Commission”), you […]

The Honorable Robert E. Bruchey, II, Mayor, City of Hagerstown. Attorney General of Maryland — Opinion August 22, 2011. LOCAL GOVERNMENT ENVIRONMENT — TAXATION — WHETHER MUNICIPALITY MAY USEREVENUES FROM “SYSTEM OF CHARGES” FOR STORMWATER MANAGEMENT PROGRAMSTO CONSTRUCT AND MAINTAIN CURBS — WHETHER THOSE CHARGES MAY BEASSESSED AGAINST TAX-EXEMPT ENTITIES DOUGLAS F. GANSLER, Attorney General. […]

Colonel Terrence B. Sheridan Superintendent, Maryland State Police. Attorney General of Maryland — Opinion May 24, 2010. FIREARMS REGULATED FIREARMS — ASSAULT WEAPONS — WHETHER A WEAPON IS A”COPY” OF A DESIGNATED ASSAULT WEAPON AND THEREFORE SUBJECT TO THEREGULATED FIREARMS LAW DOUGLAS F. GANSLER, Attorney General Dear Terrence B. Sheridan You have asked for an […]

The Honorable Roy Dyson Attorney General of Maryland — Opinion December 16, 1997 Counties — Attorneys — Evidence — Public Information Act”Client” of St. Mary’s County Attorney — Application ofAttorney-Client and Other Privileges to Documents Preparedby County Attorney The Honorable Roy Dyson P.O. Box 229 Great Mills, Maryland 20634 J. JOESPH CURRAN, JR. Dear Senator […]

The Honorable Larry E. Haines State Senate Attorney General of Maryland — Opinion October 2, 2001 CONSTITUTIONAL LAW — ESTABLISHMENT CLAUSE — FREEDOM OF SPEECH — WHETHER PUBLIC LIBRARY READING PROGRAM MAY DISTRIBUTE COUPON CONTAINING BIBLICAL REFERENCE J. JOSEPH CURRAN, JR. Dear Honorable Larry E. Haines You have asked for our opinion on two issues […]

The Honorable K. Bennett Bozman Attorney General of Maryland — Opinion January 7, 1998 Gaming — Lotteries — Racing — Sweepstakes in WorcesterCounty Based on Results of Horse Race Would be Unlawful The Honorable K. Bennett Bozman 413 Lowe House Office Building Annapolis, Maryland 21401-1991 J. JOSEPH CURRAN, JR. Dear Delegate Bozman: You have asked […]

The Honorable Aisha N. Braveboy, Maryland General Assembly. Attorney General of Maryland — Opinion September 4, 2007. EDUCATION PUBLIC SCHOOLS — GENERAL ASSEMBLY MAY RAISE THE AGE FOR COMPULSORYSCHOOL ATTENDANCE IN PRINCE GEORGE’S COUNTY FROM 16 TO 18 DOUIGLAS F. GANSLER. You have requested an opinion whether the General Assembly may raise the age for […]

Ms. Joyce Bowlsbey, Chairman, Cecil County Charter Board. Attorney General of Maryland — Opinion April 20, 2010. COUNTIES ELECTIONS — CHARTER HOME RULE COUNTIES — COMMISSIONERCOUNTIES — FEWER ELECTIONS AMENDMENT — APPLICATION OF FEWERELECTIONS AMENDMENT TO CECIL COUNTY GOVERNING BODY IF COUNTY ADOPTSCHARTER HOME RULE DOUGLAS F. GANSLER, Attorney General. Dear Joyce Bowlsbey On behalf […]

Michael L. Pullen, Esquire County Attorney for Talbot County Attorney General of Maryland — Opinion May 13, 2004 COUNTIES MUNICIPALITIES — SPECIAL TAXING AREAS — COUNTY MAY ESTABLISH SPECIAL TAXING AREAS TO FINANCE IMPROVEMENTS TO COUNTY ROADS WITHIN A MUNICIPALITY J. JOSEPH CURRAN, JR. Dear Michael L. Pullen, Esquire On behalf of the Talbot County […]

Julie Brandt, MSW, LCSW-C Manager of Family Services Program Development Transplant Resource Center of Maryland, Inc. Attorney General of Maryland — Opinion January 3, 2005 HEALTH ORGAN DONATION — GUARDIANSHIPS — WITH RESPECT TO DECISION WHETHER TO DONATE A DECEDENT’S ORGAN OR TISSUES, A GUARDIAN HAS PRIORITY OVER A PARENT WHOSE PARENTAL RIGHTS HAVE BEEN […]

The Honorable Charles R. Boutin Attorney General of Maryland — Opinion May 24, 2000 Counties — Education — Budgetary AdministrationAppropriations — Conditions That County May Place onBudget of County Board of Education Limited by StatePreemption of Education May 26, 2000The Honorable Charles R. Boutin Maryland House of Delegates J. JOSEPH CURRAN, JR. Dear The Honorable […]

Ms. Susanne Brogan Chairman, Economic Development Article Review Committee Attorney General of Maryland — Opinion December 13, 2004 ECONOMIC DEVELOPMENT PLANNING — STATE AGENCIES — WHETHER STATUTORY PROVISIONS CONCERNING DISSOLUTION OF REGIONAL DEVELOPMENT AGENCIES SHOULD BE REPEALED AS PART OF CODE REVISION PROCESS J. JOSEPH CURRAN, JR. Dear Ms. Susanne Brogan On behalf of the […]

Lieutenant General James F. Fretterd Attorney General of Maryland — Opinion September 13, 1996 Lieutenant General James F. Fretterd The Adjutant General Military Department Fifth Regiment Armory Baltimore, Maryland 21201 J. JOSEPH CURRAN, JR. Dear General Fretterd: You have requested our opinion on the legality of allowing soldiers of the Maryland Defense Force (“MDDF”), a […]

The Honorable Sheila Dixon President, Baltimore City Council Attorney General of Maryland — Opinion July 18, 2002 BALTIMORE CITY MUNICIPALITIES EFFECT OF VOTER APPROVAL OF IRRECONCILABLE CHARTER AMENDMENTS J. JOSEPH CURRAN, JR. Dear Honorable Sheila Dixon You have asked for our opinion concerning several proposed amendments to the Baltimore City Charter that would reduce the […]

The Honorable Jonathan Herman Mayor, Town of Sykesville Attorney General of Maryland — Opinion March 6, 2002 COMMISSIONER COUNTIES — EMINENT DOMAIN — CARROLL COUNTY MAY NOT CONDEMN MUNICIPAL PROPERTY UNDER EMINENT DOMAIN AUTHORITY, BUT MAY INSTALL PIPELINE IN MUNICIPAL ROAD UNDER A PUBLIC LOCAL LAW J. JOSEPH CURRAN, JR. Dear Honorable Jonathan Herman You […]

Dr. Nancy S. Grasmick, State Superintendent of Schools, Maryland State Department of Education, The Honorable Isiah Leggett, County Executive for Montgomery County, Fulton P. Jeffers, Esquire, Attorney for Wicomico County Board of Education. Attorney General of Maryland — Opinion November 4, 2009. EDUCATIONPUBLIC SCHOOLS — COUNTIES — MAINTENANCE OF EFFORTREQUIREMENT DOUGLAS F. GANSLER, Attorney General. […]

Raymond D. Coates, Jr., Esquire Attorney General of Maryland — Opinion February 13, 1997 Raymond D. Coates, Jr., Esquire Coates, Coates Coates, P.A. 6 Broad Street P.O. Box 366 Berlin, Maryland 21811 J. JOESPH CURRAN, JR. Dear Mr. Coates: On behalf of the Town of Berlin, you have requested our opinion on an issue concerning […]

Stephen E. Harris, Esquire Attorney General of Maryland — Opinion November 12, 1996 Stephen E. Harris, Esquire State Public Defender 6 Saint Paul Street Suite 1400 Baltimore, Maryland 21202 J. JOSEPH CURRAN, JR. Dear Mr. Harris: You have requested our opinion whether the issuance of certain “writs of attachment” by the Circuit Court for Howard […]

The Honorable Carroll A. Jones Mayor, City of Brunswick. Attorney General of Maryland — Opinion September 25, 2007. MUNICIPALITIESF EES — W HETHER C ONNECTION F EES M AY B E U SED FOR OPERATING COSTSOF MUNICIPAL WATER AND SEWERAGE TREATMENT FACILITIES DOUGLAS F. GANSLER. Dear Carroll A. Jones On behalf of the City of […]

The Honorable Norman M. Peppersack, Jr. Attorney General of Maryland — Opinion August 21, 1997 Sheriffs — Courts and Judges — Jurisdiction andProcedure Service of Process in Gated Communities The Honorable Norman M. Peppersack, Jr. Sheriff of Baltimore County 401 Bosley Avenue Towson, Maryland 21204 J. JOESPH CURRAN, JR. Dear Sheriff Peppersack: You have requested […]

Mr. Dwight K. Bartlett, III Attorney General of Maryland — Opinion September 26, 1996 Mr. Dwight K. Bartlett, III Insurance Commissioner 501 St. Paul Place 7th Floor Baltimore, Maryland 21202 Mr. H. Robert Hergenroeder Commissioner of Financial Regulation 501 St. Paul Place 13th Floor Baltimore, Maryland 21202 J. JOSEPH CURRAN, JR. Dear Commissioners Bartlett and […]

Mr. Guy Harriman, President, Howard County Board of Elections Ms. Nancy Dacek, President, Montgomery County Board of Elections Attorney General of Maryland — Opinion September 28, 2005 ELECTIONS REGISTRATION — CONSTITUTIONALITY OF VOTER LIST MAINTENANCE PROCEDURES UNDER FEDERAL AND STATE LAW J. Joseph Curran, Jr. Dear Mr. Guy Harriman, and Ms. Nancy Dacek, You have […]

Sheriff Richard J. Voorhaar Attorney General of Maryland — Opinion August 3, 2001 CRIMINAL LAW — CONSTITUTIONAL LAW — CONSTITUTIONAL ANDSTATUTORY LIMITS ON CONFINEMENT OF A CRIMINAL DEFENDANT FOR FAILURE TOPAY FINE J. JOSEPH CURRAN, JR. Dear Sheriff Richard J. Voorhaar In your capacity as warden of the St. Mary’s County Detention Facility, you have […]

The Honorable Janet S. Owens County Executive for Anne Arundel County Attorney General of Maryland — Opinion October 13, 2000 Counties — Health — Assisted Living Facilities — StateLaw Would Preempt Local Ordinance Requiring Emergency Power Sources forAssisted Living Facilities The Honorable Janet S. Owens County Executive for Anne Arundel County J. JOSEPH CURRAN, JR. […]

Kelly G. Dincau Department of Legislative Services Office of Policy Analysis. Attorney General of Maryland — Opinion November 16, 2011. COUNTIES CODE REVISION — WHETHER REPEAL OF STATUTORY PROVISIONS ALLOWINGCITIZENS TO APPEAL COUNTY BRIDGE WORK DECISIONS WOULD EFFECT ASUBSTANTIVE CHANGE IN THE LAW DOUGLAS F. GANSLER, ATTORNEY GENERAL. Dear Kelly G. Dincau In connection with […]

The Honorable George C. Edwards State Delegate Attorney General of Maryland — Opinion March 13, 2001 Natural Resources — Forest Conservation Act — Local GovernmentProjects Exempt From Act In Counties That Have Threshold Level OfForest Cover J. JOSEPH CURRAN, JR. Dear Honorable George C. Edwards State Delegate You have requested our opinion concerning the application […]

The Honorable John L. Bohanan, Jr. House of Delegates Attorney General of Maryland — Opinion January 28, 2005 COUNTIES ST. MARY’S COUNTY NOT A “MUNICIPAL CORPORATION” FOR PURPOSES OF ARTICLE XI-E OF THE STATE CONSTITUTION J. JOSEPH CURRAN, JR. Dear Honorable John L. Bohanan, Jr. On behalf of the St. Mary’s County Office of Law, […]

Mr. Jared DeMarinis, Director, Candidacy and Campaign Finance Division, State Board of Elections. Attorney General of Maryland — Opinion December 5, 2005. ELECTIONS CAMPAIGN FINANCE — WHETHER CANDIDATE MAY SERVE AS CHAIRMAN OF POLITICAL COMMITTEE OTHER THAN THE CANDIDATE’S OWN COMMITTEE J. JOSEPH CURRAN, JR. Dear Mr. Jared DeMarinis You have requested that this Office […]

The Honorable Nathaniel J. McFadden Maryland Senaqte The Honorable Van T. Mitchell House of Delegates Attorney General of Maryland — Opinion April 28, 2004 EDUCATION PUBLIC SCHOOLS — BUDGETARY ADMINISTRATION — WHETHER RETROACTIVE ADJUSTMENT MAY BE MADE TO COMPUTATION OF BASIC CURRENT EXPENSE AID J. JOSEPH CURRAN, JR. Dear Honorable Nathaniel J. McFadden On behalf […]

The Honorable Nancy K. Kopp Attorney General of Maryland — Opinion September 29, 1999 Elections — Election Boards and Judges — Power and Duties of Substitute Members of Local Election Boards The Honorable Nancy K. Kopp State Delegate You have requested our opinion concerning the powers and duties of substitute members of local boards of […]

Sheriff R. Thomas Attorney General of Maryland — Opinion March 26, 2004 Sheriff R. Thomas Golding Harford County Sheriff’s Office P.O.Box 150 Bel Air, Maryland 21014-0150 J. JOSEPH CURRAN, JR. Dear Sheriff Golding: You have asked for our opinion on several issues related to the appointment of municipal police officers as special deputy sheriffs in […]

The Honorable Patricia C. Jessamy State’s Attorney for Baltimore City Attorney General of Maryland — Opinion May 27, 2004 CHILD SUPPORT ENFORCEMENT BUDGETARY ADMINISTRATION — OBLIGATION OF CHILD SUPPORT ENFORCEMENT ADMINISTRATION TO PROVIDE SUPPORT STAFF FOR ATTORNEYS IN BALTIMORE CITY STATE’S ATTORNEY’S OFFICE J. JOSEPH CURRAN, JR. Dear Honorable Patricia C. Jessamy You have asked […]

The Honorable Clarence M. Mitchell, IV Attorney General of Maryland — Opinion July 31, 2000 Vehicle Laws — Taxicab Drivers Not Required to Wear Seat Belts The Honorable Clarence M. Mitchell, IV Maryland State Senate 306 James Senate Office Building Annapolis, Maryland 21401 J. JOSEPH CURRAN, JR. Dear Senator Mitchell: You have requested our opinion […]

Steven I. Kroll, Esquire State’s Attorneys’ Coordinator. Attorney General of Maryland — Opinion October 5, 2011. STATE’S ATTORNEYS’ COORDINATOR TORTS — IMMUNITY — WHETHER STATE’S ATTORNEYS’ COORDINATOR HASSTATUTORY AND COMMON LAW IMMUNITY WHEN APPOINTED A SPECIAL ASSISTANTSTATE’S ATTORNEY DOUGLAS F. GANSLER. Dear Steven I. Kroll On behalf of the State’s Attorneys’ Coordination Council (“Coordination Council”), […]

Larry W. Tolliver, Director, Regulatory and Enforcement Division, Comptroller of Maryland Attorney General of Maryland — Opinion December 11, 2006. ALCOHOLIC BEVERAGES LICENSES — WHETHER A DE MINIMIS INTEREST IN THE HOLDER OF ANONRESIDENT DEALER PERMIT DISQUALIFIES A PERSON FROM OWNING A LICENSEDWHOLESALER J. JOSEPH CURRAN, JR. Dear Larry W. Tolliver In 91 Opinions of […]

Robert A. Hahn Executive Director State Ethics Commission. Attorney General of Maryland — Opinion November 9, 2007. PUBLIC ETHICS LAW ETHICS COMMISSION — FINANCIAL DISCLOSURE STATEMENTS — ROLE OF ETHICSCOMMISSION IN IDENTIFYING INDIVIDUALS REQUIRED TO FILE STATEMENTS AND INREVIEWING FILINGS DOUGLAS F. GANSLER. Dear Robert A. Hahn Your predecessor requested our opinion concerning the role […]

The Honorable Shane Pendergrass House of Delegates Attorney General of Maryland — Opinion March 22, 2004 MOTOR VEHICLE ADMINISTRATION INTERNATIONAL TREATIES — AUTHENTICATION OF PUBLIC RECORDS — SIGNIFICANCE OF APOSTILLE ON COPY OF FOREIGN BIRTH CERTIFICATE J. JOSEPH CURRAN, JR. Dear Honorable Shane Pendergrass You have asked for our opinion on the legality of a […]

The Honorable John Adams Hurson Maryland Delegate Attorney General of Maryland — Opinion January 30, 2001 Health — Medicare — Maryland Short-term Prescription Drug Subsidy Program J. JOSEPH CURRAN, JR. Dear Honorable John Adams Hurson You have asked for our opinion concerning recent State legislation that created a temporary prescription drug benefit plan for seniors […]

The Honorable Richard Colburn Attorney General of Maryland — Opinion May 23, 1996 The Honorable Richard Colburn P.O. Box 1237 Cambridge, Maryland 21613 J. JOSEPH CURRAN, JR. Dear Senator Colburn: You have requested our opinion whether an audit firm’s “management letter” is privileged and therefore exempt from the Public Information Act from disclosure to members […]

Lance W. Billingsley, Esquire Attorney General of Maryland — Opinion March 31, 2003 MUNICIPALITIES — BUDGETARY ADMINISTRATION — APPROPRIATIONS — APPLICATION OF A SUPERMAJORITY REQUIREMENT IN THE PUBLIC GENERAL LAW CONCERNING MUNICIPAL FINANCE Lance W. Billingsley, Esquire Livingston, Livingston, Levitan Silver, LLC J. JOSEPH CURRAN, JR. Dear Lance W. Billingsley, Esquire On behalf of the […]

Steven B. Larsen, Esquire Attorney General of Maryland — Opinion May 28, 1998 Insurance — Health — Statutes — Statute Imposing TimeLimits for “Retroactive Denials” of Reimbursement ClaimsApplies to All Denials On or After Statute’s Effective Date Steven B. Larsen, Esquire Insurance Commissioner Maryland Insurance Administration 525 St. Paul Place Baltimore, Maryland 21202-2272 J. JOSEPH […]

Suzanne S. Fox Executive Director State Ethics Commission Attorney General of Maryland — Opinion May 27, 2005 PUBLIC ETHICS LAW LOBBYING — ELECTION LAW — PARTIES — WHETHER POLITICAL PARTY MAY BE REQUIRED TO REGISTER AS LOBBYIST UNDER PUBLIC ETHICS LAW J. JOSEPH CURRAN, JR. Dear Suzanne S. Fox On behalf of the State Ethics […]

Ms. Patricia K. Cushwa Chair, Maryland Parole Commission Attorney General of Maryland — Opinion January 25, 2001 Corrections — Parole Commission — Parole Eligibility Of Inmates Serving Life Sentences J. JOSEPH CURRAN, JR. Dear Ms. Cushwa: You have asked for our opinion on the parole eligibility of an inmate serving a “straight” life sentence — […]

Mr. James E. McClellan Chairman, Frederick County Liquor Board Attorney General of Maryland — Opinion March 12, 2001 Alcoholic Beverages — Liquor Boards — Meaning Of Term”Premises” In Alcoholic Beverages Law. J. JOSEPH CURRAN, JR. Dear Mr. James E. McClellan Chairman, You have asked for our opinion whether, as a general proposition, the “premises” of […]

Alan C. Woods, III, Executive Director, Governor’s Office of Crime Control Prevention. Attorney General of Maryland — Opinion October 23, 2006. BUDGETARY ADMINISTRATION STATE’S ATTORNEYS — VICTIMS — ADMINISTRATION OF THE VICTIM AND WITNESSPROTECTION AND RELOCATION PROGRAM J. JOSEPH CURRAN, JR. Dear Alan C. Woods You have requested our opinion on the duties of the […]

Mr. Guy R. Ayres, III, Esquire Attorney General of Maryland — Opinion September 13, 2004 ELECTIONS REGISTRATION — CIRCUMSTANCES UNDER WHICH PART-TIME RESIDENTS OF COUNTY MAY REGISTER TO VOTE IN THAT COUNTY J. JOSEPH CURRAN, JR. Dear Mr. Guy R. Ayres, III, Esquire On behalf of the Mayor and City Council of Ocean City, you […]

The Honorable John W. E. Cluster, Jr. House of Delegates Attorney General of Maryland — Opinion June 27, 2005 LAW ENFORCEMENT OFFICERS ARREST — CRIMINAL LAW — WHETHER MARYLAND LAW GRANTS NSA POLICE LAW ENFORCEMENT POWERS J. JOSEPH CURRAN, JR. Dear John W. E. Cluster, Jr. You have requested our opinion concerning the law enforcement […]

Mr. James H. Fish Attorney General of Maryland — Opinion January 22, 1999 Mr. James H. Fish Director, Baltimore County Public Library 320 York Road Towson, Maryland 21204-5179 J. JOSEPH CURRAN, JR. Dear Mr. Fish: You have requested our opinion on certain legal issues relating to the funding of public libraries. On behalf of the […]

The Honorable Robert C. Nalley Attorney General of Maryland — Opinion November 24, 1998 CHILD CUSTODY AND SUPPORT — PUBLIC DEFENDER — MASTERSPUBLIC DEFENDER REQUIRED TO REPRESENT INDIGENTS BEFOREMASTERS IN CONTEMPT PROCEEDINGS IF INCARCERATION SOUGHT ASREMEDY The Honorable Robert C. Nalley Circuit Court for Charles County Seventh Judicial District Charles County Courthouse P.O. Box 3060 […]

Honorable Brian E. Frosh, Maryland Senate. Attorney General of Maryland — Opinion December 11, 2006. CONDOMINIUMS INTERPRETATION OF STATUTORY REQUIREMENT THAT DEVELOPER WHO CONVERTSRENTAL PROPERTY TO CONDOMINIUM MUST PROVIDE EXTENDED LEASES TO CURRENTTENANTS WHO ARE ELDERLY OR DISABLED Dear Honorable Brian E. Frosh You have asked for our interpretation of a provision of the Maryland […]

Richard M. Duvall, Esquire. Attorney General of Maryland — Opinion September 15, 2010. ALCOHOLIC BEVERAGES Liquor Boards — Wicomico County Board of LicenseCommissioners Does Not Have Regulatory or Enforcement Authority OverWicomico County Liquor Control Board. DOUGLAS F. GANSLER. Dear Richard M. Duvall On behalf of the Wicomico County Board of License Commissioners (“Licensing Board”) you […]

The Honorable Stuart O. Simms Attorney General of Maryland — Opinion February 16, 1999 The Honorable Stuart O. Simms Secretary of Department of Public Safety and Correctional Services Suite 1000 300 East Joppa Road Towson, Maryland 21286 J. JOSEPH CURRAN, JR. Dear Secretary Simms: You have requested our opinion concerning the computation of good-conduct credits […]

The Honorable John C. Astle Attorney General of Maryland — Opinion November 21, 2000 Health — Insurance — Balance Billing Of Members Of Health Maintenance Organizations Who Enter Into Private Contracts With Providers. The Honorable John C. Astle Maryland Senate The Honorable John P. Donoghue Maryland Delegate J. JOSEPH CURRAN, JR. Dear Honorable John C. […]

The Honorable Ana Sol Gutiérrez Maryland House of Delegates Attorney General of Maryland — Opinion September 12, 2003 VEHICLE LAWS — LICENSING — IMMIGRATION RELATED DOCUMENTS MAY BE USED AS PROOF OF IDENTITY OF APPLICANT FOR DRIVER’S LICENSE; LAWFUL RESIDENCE IN THE UNITED STATES NOT A CONDITION FOR ISSUANCE OF DRIVER’S LICENSE J. JOSEPH CURRAN, […]

The Honorable Scott G. Patterson State’s Attorney for Talbot County. Attorney General of Maryland — Opinion May 2, 2011. FORFEITURE CONTROLLED DANGEROUS SUBSTANCES — FILING AND COMPLETION OFCRIMINAL CASE NOT A CONDITION FOR FORFEITING MONEY RELATED TOVIOLATION OF CONTROLLED DANGEROUS SUBSTANCES LAWS DOUGLAS F. GANSLER. Dear Scott G. Patterson You have asked for our opinion […]

Mona C. Wexler, L.E. Attorney General of Maryland — Opinion March 8, 1996 Mona C. Wexler, L.E. President, State of Maryland Board of Electrologists 4201 Patterson Avenue Baltimore, Maryland 21215-2299 J. JOSEPH CURRAN, JR. Dear Ms. Wexler: You have requested our opinion on the extent to which anti-discrimination laws affect the right of an electrologist […]

The Honorable Gail H. Bates The Honorable Warren E. Miller House of Delegates Attorney General of Maryland — Opinion January 5, 2004 PHYSICIANS APPLICATION OF LAW PROHIBITING SELF-REFERRALS TO ORTHOPEDIC PRACTICE GROUPS J. JOSEPH CURRAN, JR. Dear Honorable Gail H. Bates You have asked for our opinion how the State law that prohibits self-referral by […]