Category: Attorney General Opinions

The Honorable David L. Winstead Attorney General of Maryland — Opinion May 22, 1996 The Honorable David L. Winstead Secretary of Transportation P.O. Box 8755 BWI Airport, Maryland 21240-0755 J. JOSEPH CURRAN, JR. Dear Secretary Winstead: You have requested our opinion whether State or federal prevailing wage laws would apply to a construction project for […]

The Honorable Stuart O. Simms Secretary of Public Safety and Correctional Services Attorney General of Maryland — Opinion September 17, 2001 CORRECTIONS — PUBLIC INFORMATION ACT — DISCLOSURE OF PROJECTED RELEASE OF INMATE ON MANDATORY SUPERVISION J. JOSEPH CURRAN, JR. Dear Honorable Stuart O. Simms You have requested our opinion whether the Division of Correction […]

The Honorable Paula C. Hollinger Maryland Senate. Attorney General of Maryland — Opinion February 23, 2006. PHYSICIANS APPLICATION OF THE LAW PROHIBITING PHYSICIAN SELF-REFERRAL WITH RESPECT TO MRI SCAN J. Joseph Curran, Jr., Attorney General You have asked for our opinion on a series of questions concerning the application of the State law on physician […]

The Honorable Jamie Raskin, Maryland Senate. Attorney General of Maryland — Opinion April 13, 2011. HOUSING CONSTITUTIONAL LAW — SEPARATION OF POWERS — FEDERALPREEMPTION — WHETHER “LOCAL APPROVAL” REQUIREMENT IMPLEMENTED BYDEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT VIOLATES SEPARATIONOF POWERS PRINCIPLE OF STATE CONSTITUTION OR FEDERAL LOW INCOMEHOUSING TAX CREDIT LAW DOUGLAS F. GANSLER. Dear Jamie […]

The Honorable Richard S. Madaleno, Jr. Maryland Senate. Attorney General of Maryland — Opinion February 23, 2010. FAMILY LAW MARRIAGE — WHETHER OUT-OF-STATE SAME-SEX MARRIAGE THAT ISVALID IN THE STATE OF CELEBRATION MAY BE RECOGNIZED IN MARYLAND DOUGLAS F. GANSLER. Dear Richard S. Madaleno You asked whether the State may recognize same-sex marriages legally performed […]

The Honorable Christopher M. Nevin Attorney General of Maryland — Opinion September 10, 1996 The Honorable Christopher M. Nevin Mayor of Hampstead 1034 S. Carroll Street Hampstead, Maryland 21074 J. JOSEPH CURRAN, JR. Dear Mayor Nevin: You have requested our opinion concerning Carroll County’s approval of a grading permit for a location within a municipal […]

The Honorable Thomas V. Mike Miller, Jr. Attorney General of Maryland — Opinion July 10, 2000 Elections — Reapportionment and Redistricting — GeneralAssembly — A district Intersected by Navigable Water Does NotViolate the Requirement of Contiguity July 10, 2000 The Honorable Thomas V. Mike Miller, Jr. State Senate J. JOSEPH CURRAN, JR. Dear The Honorable […]

The Honorable Richard N. Dixon Attorney General of Maryland — Opinion June 24, 1996 The Honorable Richard N. Dixon The Louis L. Goldstein Treasury Building 80 Calvert Street — Room 109 Annapolis, Maryland 21401 J. JOSEPH CURRAN, JR. Dear Treasurer Dixon: You have requested our opinion whether Article 95, § 22F of the Maryland Code, […]

The Honorable David L. Winstead Attorney General of Maryland — Opinion February 2, 1996 The Honorable David L. Winstead Secretary of Transportation P.O. Box 8755 BWI Airport, Maryland 21240 J. JOSEPH CURRAN, JR. Dear Secretary Winstead: You have requested our opinion concerning the involvement of a private entity in the construction and operation of a […]

Honorable James D. Fielder, Jr., Ph.D. Secretary of Labor, Licensing, and Regulation Mr. Warren G. Deschenaux Department of Legislative Services Office of Policy Analysis Attorney General of Maryland — Opinion November 3, 2004 BUDGETARY ADMINISTRATION UNEMPLOYMENT INSURANCE — APPROPRIATE USE OF FUNDS IN THE SPECIAL ADMINISTRATIVE EXPENSE FUND J. JOSEPH CURRAN, JR. Dear Honorable James […]

The Honorable Peter Franchot Comptroller of Maryland. Attorney General of Maryland — Opinion October 8, 2008. TOBACCO REGULATION BALTIMORE CITY — WHETHER BALTIMORE CITY HEALTH CODE REGULATIONCONCERNING SALES OF CHEAP CIGARS IS PREEMPTED BY STATE LAW DOUGLAS F. GANSLER. Dear Peter Franchot You have asked our opinion whether a proposed Baltimore City regulation prohibiting the […]

The Honorable John F. Fader, II Attorney General of Maryland — Opinion December 19, 2000 Family Law — Adoption — Although Surrogacy Contract Involving Payment Of Fee To Birth Mother Is Illegal And Unenforceable Under Maryland Law, Invalid Payments Do Not Bar Approval Of Adoption Petition The Honorable John F. Fader, II Circuit Court for […]

Judith S. Bresler, Esquire Michael S. Molinaro, Esquire Attorney General of Maryland — Opinion August 14, 2002 PUBLIC SCHOOLS ZONING AND PLANNING COUNTY BOARD OF EDUCATION CONSIDERED A STATE AGENCY FOR PURPOSES OF LOCAL PLANNING, ZONING AND HISTORIC PRESERVATION J. JOSEPH CURRAN, JR. Dear Judith S. Bresler, Esquire On behalf of your client, the Board […]

Mr. Thomas S. Saquella Attorney General of Maryland — Opinion May 1, 1997 Statutes — Contracts — Negotiable Instruments — StatuteAuthorizing “Bad Check Fees” remains effective despiteapparent repeal Mr. Thomas S. Saquella Maryland Retailers Association 171 Conduit Street Annapolis, Maryland 21401 J. JOESPH CURRAN, JR. Dear Mr. Saquella: You have requested our opinion whether retailers […]

Emanuel Demedis, Esquire Calvert County Attorney. Attorney General of Maryland — Opinion August 22, 2008. COUNTIES COMMISSIONER COUNTIES — ZONING AND PLANNING — PUBLIC ROADS — PUBLICROADS SUBTITLE OF ARTICLE 25 NOT REPEALED BY ENACTMENT OFARTICLE 66B DOUGLAS F. GANSLER. Dear Emanuel Demedis On behalf of the Calvert County Board of County Commissioners, you have […]

The Honorable Christopher J. McCabe Secretary, Department of Human Resources. Attorney General of Maryland — Opinion March 31, 2006. CHILD CUSTODY AND SUPPORT VEHICLE LAWS — LICENSING — EXTENT OF AUTHORITY TO SUSPEND DRIVER’S LICENSE FOR FAILURE TO PAY CHILD SUPPOR J. JOSEPH CURRAN, Jr., Attorney General Dear Christopher J. McCabe Secretary You have asked […]

Mr. Kenneth A. Schertle Attorney General of Maryland — Opinion September 8, 1997 Racing — Statutory Construction — Legalityof “Cross-Breed” Simulcasting Mr. Kenneth A. Schertle Executive Director Maryland Racing Commission 500 North Calvert Street Suite 201 Baltimore, Maryland 21202 J. JOESPH CURRAN, JR. Dear Mr. Schertle: You have requested our opinion on the legality of […]

The Honorable William Donald Schaefer Attorney General of Maryland — Opinion July 19, 2000 Stadium Authority — Board of Public Works — GeneralAssembly — Uncodified Language in Capital Budget BillValidly Authorizes Stadium Authority to Perform Work forOther Agencies and Does Not Include UnconstitutionalLegislative Veto July 19, 2000 The Honorable William Donald Schaefer Comptroller J. JOSEPH […]

Robert A. Hahn Executive Director State Ethics Commission. Attorney General of Maryland — Opinion August 27, 2009. STATE ETHICS COMMISSION LIQUOR CONTROL BOARDS — WHETHER LIQUOR CONTROL BOARDS ARESUBJECT TO STATE OR COUNTY ETHICS LAWS DOUGLAS F. GANSLER. Dear Robert A. Hahn On behalf of the State Ethics Commission (“the Commission”) you have requested an […]

The Honorable Donald F. Munson Attorney General of Maryland — Opinion April 7, 1997 The Honorable Donald F. Munson 405 James Senate Office Building Annapolis, Maryland 21401-1991 J. JOESPH CURRAN, JR. Dear Senator Munson: You have asked for our opinion about the application of certain limits on liability contained in the Lead Poisoning Prevention Program […]

The Honorable Christopher Van Hollen, Jr. Attorney General of Maryland — Opinion November 4, 1998 District Court — Judicial Administration — District CourtNeed Not Obtain Approval of Board of Public Works for FeeSchedule The Honorable Christopher Van Hollen, Jr. Chairman, AELR Committee 304 James Senate Office Building Annapolis, Maryland 21401-1991 J. JOSEPH CURRAN, JR. Dear […]

The Honorable Frank P. Casula Attorney General of Maryland — Opinion September 3, 1996 The Honorable Frank P. Casula Mayor of Laurel 8103 Sandy Spring Road Laurel, Maryland 20707-2502 J. JOSEPH CURRAN, JR. Dear Mayor Casula: You have requested our opinion whether the Prince George’s County Board of Registration for Master Electricians and Electrical Contractors […]

Mr. Larry K. Petty Attorney General of Maryland — Opinion April 11, 1996 Mr. Larry K. Petty Director, St. Mary’s County Metropolitan Commission 191B Shangri-La Drive North Lexington Park, Maryland 20653 J. JOSEPH CURRAN, JR. Dear Mr. Petty: You have requested our opinion whether personnel records of the Metropolitan Commission may be disclosed to an […]

The Honorable Joseph F. Vallario, Attorney General of Maryland — Opinion September 1, 2000 Juvenile Causes — State Police — Motor Vehicle LawsConfidentiality of Police Motor Vehicle Accident Reports That NameJuveniles The Honorable Joseph F. Vallario, Jr. Chairman, House Judiciary Committee J. JOSEPH CURRAN, JR. Dear Delegate Vallario: You have asked for our opinion concerning […]

Mr. Peter Vaughn Attorney General of Maryland — Opinion March 11, 1999 Mr. Peter Vaughn Executive Director State Retirement Agency of Maryland 301 West Preston Street Baltimore, Maryland 21201 J. JOSEPH CURRAN, JR. Dear Mr. Vaughn: You have requested our opinion whether a member of the State Retirement and Pension System who has served in […]

The Honorable Marna McLendon Attorney General of Maryland — Opinion January 31, 1996 The Honorable Marna McLendon State’s Attorney for Howard County Court House 8360 Court Avenue Ellicott City, Maryland 21043-4392 J. JOSEPH CURRAN, JR. Dear Ms. McLendon: You have requested our opinion on the processing of certain requests made to your office under the […]

R. Dean Kenderdine, Executive Director, State Retirement Pension System. Attorney General of Maryland — Opinion December 23, 2008. RETIREMENT SYSTEMS W HETHER L AW R EQUIRING R ETIREMENT SYSTEM TO D IVEST INTERESTS INCOMPANIES DOING BUSINESS IN IRAN OR S UDAN M AY BE IMPLEMENTED CONSISTENT WITH B OARD OF TRUSTEES’ FIDUCIARY DUTIES. DOUGLAS GANSLER. […]

The Honorable Joseph M. Getty Attorney General of Maryland — Opinion May 22, 1996 The Honorable Joseph M. Getty P.O. Box 398 Manchester, Maryland 21102-0398 J. JOSEPH CURRAN, JR. Dear Delegate Getty: You have requested our opinion on two issues related to electronic mail (“e-mail”) communications among members of a public body. Your specific questions […]

Mr. Alfred W. Redmer, Jr., Commissioner Maryland Insurance Administration Attorney General of Maryland — Opinion September 6, 2005 HEALTH OCCUPATIONS MALPRACTICE INSURANCE — INTERPRETATION OF STATUTE CREATING TEMPORARY STATE SUBSIDY FOR MALPRACTICE INSURANCE PREMIUMS J. JOSEPH CURRAN, JR. Dear Mr. Alfred W. Redmer, Jr. You have asked for our interpretation of a recently-enacted law that […]

Dr. Jacqueline C. Haas Superintendent Harford County Public Schools. Attorney General of Maryland — Opinion January 30, 2006. EDUCATION PUBLIC SCHOOLS — AUTHORITY OF LOCAL BOARD TO ENTERINTO TRANSACTION INVOLVING LONG TERM LEASE OFSCHOOL PROPERTY FOR COMMERCIAL USE J. JOSEPH CURRAN, JR. Dear Dr. Jacqueline C. Haas You have requested our opinion whether the Board […]

The Honorable Christopher J. McCabe Attorney General of Maryland — Opinion February 21, 1996 The Honorable Christopher J. McCabe 404 James Senate Office Building Annapolis, Maryland 21401-1991 J. JOSEPH CURRAN, JR. Dear Senator McCabe: You have requested our opinion on the constitutionality of Senate Bill 555, “Campaign Contributions — Casino Gaming.” Our opinion is that […]

Mr. Dwight K. Bartlett, III Attorney General of Maryland — Opinion October 24, 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 […]

Anne-Herbert Rollins, Esquire City of Taneytown Attorney General of Maryland — Opinion November 18, 2004 MUNICIPALITIES IMPACT FEES — WHETHER IMPACT FEES MAY BE USED TO DEFRAY COST OF POLICE AND FIRE PROTECTION SERVICES J. JOSEPH CURRAN, JR. Dear Anne-Herbert Rollins, Esquire On behalf of the City of Taneytown, you have requested our opinion on […]

Michael M. Galloway, Circuit Court for Carroll County. Attorney General of Maryland — Opinion May 1, 2008. COURTS JUDICIAL A DMINISTRATION — IMMUNITY — C OURT-A PPOINTED SETTLEMENTOFFICERS HAVE OFFICIAL IMMUNITY DOUGLAS F. GANSLER, Attorney General. Dear Honorable Michael M. Galloway You have requested our opinion as to whether attorneys who serve as court-appointed settlement […]

The Honorable Joseph M. Getty Attorney General of Maryland — Opinion September 19, 1997 Education — Public Schools — Child AbuseInvestigations — Personnal — Public — InformationAct — Disclosure To Parents of InappropriateRelationship Between Teacher and Student The Honorable Joseph M. Getty P.O. Box 398 Manchester, Maryland 21102-0398 J. JOESPH CURRAN, JR. Dear Delegate Getty: […]

Robert R. Bass, M.D., FACEP Attorney General of Maryland — Opinion June 12, 1996 Robert R. Bass, M.D., FACEP Executive Director Maryland Institute for Emergency Medical Services Systems 636 West Lombard Street Baltimore, Maryland 21201 J. JOSEPH CURRAN, JR. Dear Dr. Bass: You have requested our opinion whether the term “license,” as used in proposed […]

The Honorable Jim Rosapepe Maryland State Senate The Honorable Barbara A. Frush The Honorable Joseline A. Pena-Melnyk The Honorable Ben Barnes Maryland House of Delegates. Attorney General of Maryland — Opinion August 22, 2008. COUNTIES PUBLIC SCHOOLS — SCHOOL CONSTRUCTION — USE OF RESERVE FUND IN COUNTYBUDGET FOR PUBLIC SCHOOL CONSTRUCTION DOUGLAS F. GANSLER. Dear […]

The Honorable Elizabeth Bobo House of Delegates Attorney General of Maryland — Opinion January 5, 2005 OPEN MEETINGS ACT PUBLIC SCHOOLS — COUNTY BOARDS OF EDUCATION — HEARING CONDUCTED BY LOCAL BOARD UNDER ED § 4-205(c) IS A QUASI-JUDICIAL FUNCTION TO WHICH THE OPEN MEETINGS ACT DOES NOT APPLY J. JOSEPH CURRAN, JR. Dear Honorable […]

Ms. Margaret R. Myers, Chair Mr. Stuart M. Bounds, President Chesapeake College Attorney General of Maryland — Opinion January 16, 2004 COMMUNITY COLLEGES PUBLIC OFFICERS AND EMPLOYEES — MEMBERS OF BOARD OF TRUSTEES OF CHESAPEAKE COLLEGE “HOLD OVER” AFTER EXPIRATION OF TERM UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIES J. JOSEPH CURRAN, JR. Dear Ms. […]

Ms. Rebecca M. Wicklund Attorney General of Maryland — Opinion February 11, 2000 Ms. Rebecca M. Wicklund State Board of Elections P.O. Box 6486 Annapolis, Maryland 21401 J. JOSEPH CURRAN, JR. Dear Ms. Wicklund: You have asked for our opinion concerning the use of organizational dues — and, more specifically, payroll deductions for organizational dues […]

The Honorable Georges C. Benjamin, M.D. Attorney General of Maryland — Opinion April 27, 2000 Zoning and Planning — Counties — Domestic Violence Baltimore City Zoning Regulations Do Not Apply to Domestic Violence Shelter Operated on State-Owned Property The Honorable Georges C. Benjamin, M.D. Secretary of Health and Mental Hygiene 201 West Preston Street 5th […]

The Honorable Alan M. Wilner Attorney General of Maryland — Opinion April 29, 1998 CORRECTIONS — CRIMINAL LAW — SCOPE OF TERM “CORRECTIONALFACILITY” IN CONTRABAND LAW The Honorable Alan M. Wilner Chairman, Correctional Services Article Review Committee Commission to Revise the Annotated Code 104 Legislative Services Building 90 State Circle Annapolis, Maryland 21401 J. JOSEPH […]

Mr. Derick P. Berlage, Chairman Attorney General of Maryland — Opinion March 25, 2004 Mr. Derick P. Berlage, Chairman Montgomery County Planning Board Maryland-National Capital Park and Planning Commission 8787 Georgia Avenue Silver Spring, Maryland 20910 J. JOSEPH CURRAN, JR. Dear Mr. Berlage: You have advised that the Maryland-National Capital Park and Planning Commission (“MNCPPC”) […]

The Honorable John Olszewski, Sr. Chairman, Baltimore County Council. Attorney General of Maryland — Opinion November 8, 2006. RETIREMENT SYSTEMS TRANSFER FROM NONCONTRIBUTORY TO CONTRIBUTORY PLAN — INTEREST RATE TOAPPLY IN CALCULATING BENEFIT REDUCTION J. JOSEPH CURRAN Dear The Honorable John Olszewski On behalf of the Baltimore County Council, you have asked our interpretation of […]

The Honorable Van T. Mitchell Attorney General of Maryland — Opinion October 12, 1999 Taxation — Recordation and Transfer Taxes — Limited Liability Companies — Foreign Partnership That converts to Maryland Limited liability Company Eligible for Exemption From Recordation and Transfer Taxes The Honorable Van T. Mitchell State Delegate You have asked our opinion whether […]

Thomas Phelan CEO/President Injured Workers Insurance Fund. Attorney General of Maryland — Opinion March 14, 2011. WORKERS’ COMPENSATION INJURED WORKERS’ INSURANCE FUND — WHETHER THE STATE HAS ANINTEREST IN THE RESERVES, SURPLUS, AND OTHER ASSETS OF THE INJUREDWORKERS’ INSURANCE FUND DOUGLAS F. GANSLER. Dear Thomas Phelan You have asked for our opinion on two questions […]

The Honorable Lawrence R. Daniels Circuit Court For Baltimore County Attorney General of Maryland — Opinion June 1, 1999. COURTS AND JUDGES — MILITARY SERVICE — CONSTITUTIONAL LAW — PREEMPTION— STATE CODE OF JUDICIAL CONDUCT NOT PREEMPTED BY FEDERAL STATUTEESTABLISHING EMPLOYMENT RIGHTS FOR RESERVISTS J. JOSEPH CURRAN, JR. Dear Lawrence R. Daniels You have requested […]

Mr. Larry S. Tolliver, Director Regulatory and Enforcement Division Comptroller’s Office. Attorney General of Maryland — Opinion September 8, 2006. ALCOHOLIC BEVERAGES LICENSES — HOLDER OF NONRESIDENT DEALER PERMIT MAY NOT HAVE AN INTEREST IN A LICENSED WHOLESALER J. Joseph Curran, Jr. Dear Mr. Larry S. Tolliver You have asked for our opinion concerning a […]

The Honorable Perry Sfikas Attorney General of Maryland — Opinion September 29, 2000 Landlord and Tenant — Cooperative Housing — Eviction ofLessee From Cooperative Dwelling Unit is Landlord-TenantProceeding The Honorable Perry Sfikas The Honorable Cornell N. Dypski The Honorable Peter A. Hammen The Honorable Carolyn Krysiak J. JOSEPH CURRAN, JR. Dear Senator and Delegates: You […]

Mr. Aaron Stansbury Attorney General of Maryland — Opinion May 2, 1996 Mr. Aaron Stansbury Executive Secretary Board of Liquor License Commissioners for Baltimore City 10 South Street Suite 200 Baltimore, Maryland 21202 J. JOSEPH CURRAN, JR. Dear Mr. Stansbury: Last year, you requested our opinion whether an individual who holds the position of a […]

The Honorable James Brochin Maryland Senate. Attorney General of Maryland — Opinion August 8, 2005. HEALTH OCCUPATIONS MORTICIANS — LIMITED LIABILITY COMPANIES — MORTICIAN’S LICENSE MAY NOTBE TRANSFERRED TO LIMITED LIABILITY COMPANY J. JOSEPH CURRAN, JR. Dear James Brochin You have asked for our opinion whether the State Board of Morticians (“Board”) may approve the […]

The Honorable David R. Craig Mayor of Havre de Grace Attorney General of Maryland — Opinion September 23, 2002 MUNICIPALITIES — COUNTIES — MUNICIPAL CORPORATION MAY ANNEX LAND IN ADJACENT COUNTY J. JOSEPH CURRAN, JR. Dear Honorable David R. Craig You have asked whether a municipal corporation may annex land located in an adjacent county. […]

The Honorable John J. Hafer Attorney General of Maryland — Opinion February 22, 1996 The Honorable John J. Hafer 406 Senate Office Building Annapolis, Maryland 21401-1991 J. JOSEPH CURRAN, JR. Dear Senator Hafer: You have requested advice on whether the Maryland School for the Blind (“the School”) is subject to the State’s Open Meetings Law, […]

Michael J. Martirano, Superintendent St. Mary’s County Public Schools The Honorable Roy Dyson Maryland State Senate. Attorney General of Maryland — Opinion September 7, 2010. OPEN MEETINGS LAW PUBLIC SCHOOLS — APPLICATION OF ST. MARY’S OPEN MEETINGS ACT ANDOTHER OPEN MEETINGS LAWS TO THE ST. MARY’S COUNTY BOARD OFEDUCATION DOUGLAS F. GANSLER. Dear Michael J. […]

The Honorable M. Teresa Garland Special Secretary Governor’s Office for Children, Youth, and Families Attorney General of Maryland — Opinion February 17, 2004 CHILD ABUSE AND NEGLECT PUBLIC INFORMATION ACT — RESTRICTIONS ON CONTENT AND DISSEMINATION OF REPORTS OF INDEPENDENT JUVENILE JUSTICE MONITOR J. JOSEPH CURRAN, JR. Dear Honorable M. Teresa Garland You have asked […]

Mr. Prem P. Agarwal, Chairman, Washington Suburban Sanitary Commission. Attorney General of Maryland — Opinion September 8, 2006. WASHINGTON SUBURBAN SANITARY COMMISSION PROCUREMENT — MINORITY BUSINESS ENTERPRISES — WSSC MAY NOT CONTINUE MBE PROGRAM FOLLOWING EXPIRATION OF STATUTES AUTHORIZING THE PROGRAM J. Joseph Curran, Jr. Dear Mr. Prem P. Agarwal On behalf of the Washington […]

The Honorable Van T. Mitchell Attorney General of Maryland — Opinion November 16, 1999 The Honorable Van T. Mitchell 216 Lowe House Office Building Annapolis, Maryland 21401 J. JOSEPH CURRAN, JR. Dear Delegate Mitchell: In a previous opinion of this Office, Attorney General Sachs construed the Maryland Public Accountancy Act (“the Act”) to permit unlicensed […]

The Honorable Janet S. Owens County Executive Anne Arundel County. Attorney General of Maryland — Opinion July 11, 2006. LOCAL GOVERNMENT ENVIRONMENT — TAXATION — NATURE OF THE “SYSTEM OFCHARGES” THAT A COUNTY OR MUNICIPALITY MAY IMPOSETO SUPPORT STORMWATERMANAGEMENTPROGRAMS J. JOSEPH CURRAN, JR. Dear Janet S. Owens You have requested our opinion concerning the “system […]

The Honorable Kenneth C. Holt Attorney General of Maryland — Opinion June 30, 1998 Health — Mental Health — Law Enforcement Officers — SpecialPolice Officers May Not Exercise Authority of “PeaceOfficers” Under Emergency Evaluation Law The Honorable Kenneth C. Holt 1101 Old Eastern Avenue Baltimore, Maryland 21221 J. JOSEPH CURRAN, JR. Dear Delegate Holt: You […]

Mr. Ronald L. Freeland Executive Secretary Maryland Transportation Authority. Attorney General of Maryland — Opinion June 14, 2007. CRIMINAL PROCEDURE TRANSPORTATION AUTHORITY — EXECUTIVE ORDER — TRANSPORTATION AUTHORITYPOLICE MAY PATROL MARC RAILROAD TRAINS AND STATIONS DOUGLAS F. GANSLER. Dear Ronald L. Freeland You have asked whether Maryland Transportation Authority Police may be assigned to patrol […]

The Honorable Robert C. Baldwin Attorney General of Maryland — Opinion August 15, 1996 The Honorable Robert C. Baldwin House of Delegates Legislative District 33 Annapolis MD 21401-1991 J. JOSEPH CURRAN, JR. Dear Delegate Baldwin: You have asked for our opinion on the applicability of Maryland’s Prevailing Wage Law, State Finance Procurement Article, Section 17-201 […]

Thomas L. Bromwell Attorney General of Maryland — Opinion November 19, 1998 The Honorable Thomas L. Bromwell P.W. James Senate Office Building 110 College Avenue Annapolis, Maryland 21401-1991 J. JOSEPH CURRAN, JR. Dear Senator Bromwell: You have requested our opinion about the entities that are required to be members of the “one-call” system under Maryland’s […]

The Honorable Thomas Patrick O’Reilly Chairman, Workers’ Compensation Commission Attorney General of Maryland — Opinion June 21, 2004 WORKERS’ COMPENSATION INTERPRETATION OF REQUIREMENT THAT INSURER HAVE “COMPETENT INDIVIDUALS” IN THE STATE TO HANDLE AND ADJUST DISPUTED CLAIMS J. JOSEPH CURRAN, JR. Dear Honorable Thomas Patrick O’Reilly On behalf of the Workers’ Compensation Commission (“Commission”), you […]

Marshall H. Feldman Executive Director Uninsured Employers’ Fund Board Attorney General of Maryland — Opinion September 10, 2001 WORKERS’ COMPENSATION — UNINSURED EMPLOYERS FUND — LICENSES — COMPTROLLER — COMPTROLLER MAY SUSPEND DRY CLEANERS LICENSE FOR FAILURE TO MAKE REQUIRED PAYMENTS TO UNINSURED EMPLOYERS FUND J. JOSEPH CURRAN, JR. Dear Marshall H. Feldman You have […]

Maureen A. Neal, President, Harford County Board of Elections Attorney General of Maryland — Opinion September 22, 2009. ELECTIONS VOTING — WHETHER INACTIVE VOTERS SHOULD BE INCLUDED IN THECOUNT OF “REGISTERED VOTERS” TO DETERMINE THE NUMBER OF EARLY VOTINGCENTERS DOUGLAS F. GANSLER. Dear Maureen A. Neal You have requested an opinion whether inactive voters should […]

Susan G. Phelps, Manager, Department of Legislative Services. Attorney General of Maryland — Opinion September 29, 2009. CODE REVISION OPEN MEETINGS ACT — WHETHER CERTAIN OPEN MEETINGS STATUTESMAY BE REPEALED AS PART OF CODE REVISION WITHOUT CHANGINGSUBSTANTIVE LAW, IN LIGHT OF THE LATER ENACTMENT OF THE OPENMEETINGS ACT DOUGLAS F. GANSLER, Attorney General. Dear Susan […]

J. Michael Hopkins Acting Executive Director Attorney General of Maryland — Opinion February 10, 2003 RACING — BUDGETARY ADMINISTRATION — DELEGATION AND SUBDELEGATION — MARYLAND RACING COMMISSION MAY DELEGATE MINISTERIAL DUTIES RELATED TO ADMINISTRATION OF BRED FUNDS J. JOSEPH CURRAN, JR. Dear J. Michael Hopkins Acting Executive Director Prompted by questions from the Legislative Auditor, […]

Victoria K. Fretwell, Chair Anne Arundel Community College Board of Trustees. Attorney General of Maryland — Opinion October 11, 2011. EDUCATION COMMUNITY COLLEGES — WHETHER STATUTE AUTHORIZES COUNTY AUDITOR TOCONDUCT A PERFORMANCE AUDIT OF A COMMUNITY COLLEGE DOUGLAS F. GANSLER. Dear Victoria K. Fretwell On behalf of the Board of Trustees of Anne Arundel Community […]

William W. Sondervan, Ed.D. Attorney General of Maryland — Opinion October 7, 2002 CORRECTIONS — CIVIL RIGHTS AND DISCRIMINATION — AGE — WHETHER DIVISION OF CORRECTION MAY SET MINIMUM AGE OF 21 FOR ITS CORRECTIONAL OFFICERS William W. Sondervan, Ed.D. Commissioner of Correction Division of Correction J. JOSEPH CURRAN, JR. Dear William W. Sondervan, Ed.D. […]

John W. Anderson, Sheriff Baltimore City Sheriff’s Office Attorney General of Maryland — Opinion February 15, 2001 Landlord And Tenant — District Court — Jurisdiction And Procedure — Sheriffs — In Summary Ejectment Action Involving Apartment In Multi-unit Building Sheriff Must Post Summons On Apartment Rather Than In Common Area J. JOSEPH CURRAN, JR. Dear […]

The Honorable Jean W. Roesser Secretary of Aging Attorney General of Maryland — Opinion February 4, 2005 CONDOMINIUMS RIGHT OF RESIDENTIAL UNIT OWNERS TO TERMINATE CONTRACTS ENTERED INTO BY DEVELOPER ON BEHALF OF CONDOMINIUM J. JOSEPH CURRAN, JR. Dear Honorable Jean W. Roesser You have requested our opinion concerning a proposed continuing care retirement community […]

The Honorable Nathaniel Exum Attorney General of Maryland — Opinion August 1, 1996 The Honorable Nathaniel Exum 1891 Brightseat Road Landover, Maryland 20785-4256 J. JOSEPH CURRAN, JR. Dear Delegate Exum: You have requested our opinion on a series of questions involving the proposed sale of certain property in Prince George’s County (“Wilson Farm”) and its […]

The Honorable Earl F. Hance, Secretary, Department of Agriculture. Attorney General of Maryland — Opinion May 27, 2009. AGRICULTURE PUBLIC ETHICS LAW — INTERPRETATION OF SPECIAL EXCEPTION TO SECONDARYEMPLOYMENT AND FINANCIAL INTEREST RESTRICTIONS OF PUBLIC ETHICS LAW FORFARMERS EMPLOYED BY DEPARTMENT OF AGRICULTURE DOUGLAS F. GANSLER. Dear Earl F. Hance On behalf of the Department […]

Ms. LaVerne G. Naesea Executive Director Attorney General of Maryland — Opinion November 28, 2001 HEALTH OCCUPATIONS — PHARMACISTS — PHYSICIANS —ANTITRUST — COLLABORATIVE AGREEMENTS BETWEEN PHYSICIANS RELATING TODRUG THERAPY J. JOSEPH CURRAN, JR. Dear Ms. LaVerne G. Naesea You have requested our opinion on several questions for the benefit of a work group organized […]

Donald H. Dwyer, Jr., Maryland Delegate. Attorney General of Maryland — Opinion September 1, 2006. EDUCATION PUBLIC SCHOOLS — APPLICATION OF LOCAL ZONING REGULATIONS TO CHARTER SCHOOLS J. JOSEPH CURRAN, JR., Attorney General Dear Mr. Donald H. Dwyer, Jr. You have requested our opinion on the application of local zoning requirements to public charter schools. […]

The Honorable Elizabeth Bobo Attorney General of Maryland — Opinion August 29, 1997 Vehicle Laws — Licensing — Motor VehicleAdministration Procedures of Medical Advisory Board The Honorable Elizabeth Bobo 5561 Suffield Court Columbia, Maryland 21044 J. JOESPH CURRAN, JR. Dear Delegate Bobo: You have requested our opinion on several questions about the procedures of the […]

Mr. Anthony Myers, Acting Chairman Attorney General of Maryland — Opinion June 4, 2002 PUBLIC SAFETY — BUDGETARY ADMINISTRATION — AVAILABILITY OF 911 TRUST FUND TO COVER COSTS OF ENHANCED 911 SYSTEMS INCURRED BY WIRELESS TELEPHONE COMPANIES Mr. Anthony Myers, Acting Chairman Emergency Number Systems Board Department of Public Safety Correctional Services J. JOSEPH CURRAN, […]

Emanuel Demedis, Esquire County Attorney for Calvert County Attorney General of Maryland — Opinion February 25, 2004 COMMISSIONER COUNTIES ANIMALS — CALVERT COUNTY COMMISSIONERS MAY NOT ENACT ORDINANCE THAT SETS STANDARDS FOR HUMANE TREATMENT OF DOGS ABSENT ENABLING LEGISLATION BY GENERAL ASSEMBLY J. JOSEPH CURRAN, JR. Dear Emanuel Demedis, Esquire On behalf of the Board […]

Melvin J. Slan, D.D.S. Attorney General of Maryland — Opinion May 9, 1996 Melvin J. Slan, D.D.S. Secretary/Treasurer Maryland State Board of Dental Examiners 4201 Patterson Avenue Baltimore, Maryland 21215-2299 J. JOSEPH CURRAN, JR. Dear Dr. Slan: You have requested our interpretation of the provision of the Maryland Dentistry Act that prohibits anyone other than […]

The Honorable C. Eugene Butler Mayor, Town of Easton Attorney General of Maryland — Opinion June 24, 2003 The Honorable C. Eugene Butler Mayor, Town of Easton J. JOSEPH CURRAN, JR. Dear Honorable C. Eugene Butler Mayor, You have asked for our opinion whether the Easton Utilities Commission (“Commission”), an agency of the Town of […]

Mr. Philip Carey Foster President, Talbot County Council. Attorney General of Maryland — Opinion June 22, 2009. ELECTIONS REFERENDA — WHETHER COUNTY’S FAILURE TO COMPLY FULLY WITH PRE-ELECTIONNOTICE REQUIREMENTS AFFECTS ELECTION RESULTS CONCERNING TWO PROPOSEDCHARTER AMENDMENTS You have asked for our opinion concerning the validity of the November 2008 election results as to two proposed […]

Alison L. Asti, Esquire General Counsel Maryland Stadium Authority Attorney General of Maryland — Opinion February 13, 2002 STADIUM AUTHORITY DISPOSITION OF REVENUES FROM PERMANENT SEAT LICENSES (PSLS) J. JOSEPH CURRAN, JR. Dear Ms. Asti: You have asked for our opinion concerning application of the State law that controls the disposition of revenues from the […]

Mr. John Tobin, Director, Forensic Sciences Division Maryland State Police. Attorney General of Maryland — Opinion June 20, 2006. CRIMINAL PROCEDURE DNA DATABASE — INTERPRETATION OF STATUTE THAT AUTHORIZES DNA SAMPLING OF INMATES WHO HAVE BEEN PREVIOUSLY CONVICTED OF QUALIFYING OFFENSES J. Joseph Curran, Jr., Attorney General Dear Mr. John Tobin, You have asked for […]

The Honorable William Donald Schaefer Comptroller Attorney General of Maryland — Opinion July 11, 2001 Comptroller — Income Tax — Sales And Use Tax — FieldEnforcement Division Personnel May Exercise Peace Officer PowersOnly To Extent Authorized By Statute J. JOSEPH CURRAN, JR. Dear Honorable William Donald Schaefer Comptroller You have asked for our opinion concerning […]

David D. Downes, Chairman, Attorney Grievance Commission Attorney General of Maryland — Opinion November 14, 2007 ATTORNEYS A TTORNEY G RIEVANCE C OMMISSION — A TTORNEY T RUST ACCOUNTS —FINANCIAL INSTITUTIONS — WHETHER FINANCIAL INSTITUTION MUST HAVE ABRANCH IN MARYLAND OR A NEIGHBORING JURISDICTION IN ORDER TO HANDLETRUST ACCOUNTS OF MARYLAND LAWYERS DOUGLAS F. GANSLER. […]

The Honorable Joseph F. Vallario, Jr., Maryland House of Delegates. Attorney General of Maryland — Opinion September 25, 2007. COURTS AND JUDGES DISTRICT COURT — CRIMINAL PROCEDURES — DISTRICT COURT JUDGE HASDISCRETION WHETHER OR NOT TO GRANT STAY OF SENTENCE OF IMPRISONMENTPENDING APPEAL DOUGLAS F. GANSLER. Dear Joseph F. Vallario You have requested our opinion […]

The Honorable Rudolph C. Cane Maryland House of Delegates. Attorney General of Maryland — Opinion December 17, 2007. COLLEGES AND UNIVERSITIES MARYLAND HIGHER EDUCATION COMMISSION — JUDICIAL REVIEW — LITIGATIONBETWEEN STATE ENTITIES DOUGLAS F. GANSLER. Dear Rudolph C. Cane You have requested our opinion whether a State higher educational institution may sue another State higher […]

The Honorable W. Patricia Dauenhauer Attorney General of Maryland — Opinion February 21, 1996 The Honorable W. Patricia Dauenhauer Register of Wills for Montgomery County Judicial Center, Room 322 50 Courthouse Square Rockville, Maryland 20850 J. JOSEPH CURRAN, JR. Dear Ms. Dauenhauer: You have requested our opinion whether certain expenses are deductible from non-probate estates […]

The Honorable Harriet Tregoning Secretary, Maryland Department of Planning Attorney General of Maryland — Opinion January 16, 2001 Zoning And Planning — Department Of Planning Is Authorized ByStatute To Intervene In Local Land Use Proceedings J. JOSEPH CURRAN, JR. Dear Honorable Harriet Tregoning You have asked for our opinion whether the Maryland Department of Planning […]

The Honorable Robert B. Riddle Attorney General of Maryland — Opinion March 1, 1999 The Honorable Robert B. Riddle State’s Attorney for Calvert County 175 Main Street Courthouse Prince Frederick, Maryland 20678 J. JOSEPH CURRAN, JR. Dear Mr. Riddle: You have asked for our opinion whether a game called MegaMania may be operated under a […]

The Honorable Chris Van Hollen, Jr. Maryland Senate Attorney General of Maryland — Opinion March 11, 2002 OFFICE OF CHILDREN, YOUTH, AND FAMILIES — ADMINISTRATIVE LAW — RULEMAKING — CIVIL RIGHTS AND DISCRIMINATION — DISABILITY J. JOSEPH CURRAN, JR. Dear Honorable Chris Van Hollen, Jr. You have requested our opinion concerning a recent Policy Statement […]

Mindy Sacks, P.T.A. Attorney General of Maryland — Opinion August 30, 2000 Health Occupations — Physical Therapists — Owners of PhysicalTherapy Business Need Not Hold License So Long As Individuals ProvidingServices Are Licensed Mindy Sacks, P.T.A. Chairperson Maryland State Board of Physical Therapy Examiners J. JOSEPH CURRAN, JR. Dear Ms. Sacks: On behalf of the […]

Mr. R. Dean Kenderdine, Executive Director, State Retirement Agency of Maryland. Attorney General of Maryland — Opinion June 26, 2008. RETIREMENT SYSTEMS OBLIGATION OF RETIREMENT AGENCY TO AUDIT FINANCIAL A SSISTANCE TO LOCAL EDUCATIONAL AGENCIES RELATED TO R ETIREMENT C ONTRIBUTIONS DOUGLAS F. GANSLER, Attorney General. Dear Dean Kenderdine You have asked for our opinion […]

Robert E. Watson, Esquire Attorney General of Maryland — Opinion June 12, 2000 Municipalities — Public Officers and Employees — stateAnti-Hatch Act Does Not Preempt Provision in MunicipalCharter That Prohibits Employment of Elected Officials Dear Robert E. Watson, Esquire On behalf of the Mayor and Town Council of Mountain Lake Park, you have requested our […]

Emanuel Demedis, County Attorney. Attorney General of Maryland — Opinion November 23, 2010. HIGHWAYS BUDGETARY ADMINISTRATION — POLITICALSUBDIVISIONS — ALLOCATION OF HIGHWAY USER REVENUES TO SPECIAL TAXINGDISTRICTS DOUGLAS F. GANSLER. Dear Emanuel Demedis On behalf of the County Commissioners of Calvert County, you have requested our opinion as to whether certain special taxing districts established […]

Mr. Steven B. Larsen Attorney General of Maryland — Opinion November 12, 2002 Insurance — Health Insurance — Scope of InsuranceCommissioner’s Authority Over Conversion of Nonprofit Health Service PlanNot Domiciled in Maryland Mr. Steven B. Larsen Insurance Commissioner 525 Saint Paul Place Baltimore, Maryland 21202-2272 J. JOSEPH CURRAN, JR. Dear Commissioner Larsen: You have requested […]

V. Daniel Palumbo, Esquire, Board of Trustees of Prince George’s County Community College. Attorney General of Maryland — Opinion May 4, 2006. EDUCATION COMMUNITY COLLEGES — WHETHER BOARD OF TRUSTEES HASDISCRETION TO OFFER IN-COUNTY TUITION RATES ABSENTAUTHORIZATIONFROM THE GENERAL ASSEMBLY J. JOSEPH CURRAN, JR. Dear V. Daniel Palumbo, Esquire You have requested our opinion whether […]

Theresa A. Lawler. Attorney General of Maryland — Opinion November 3, 2005. J. Joseph Curran, Jr., Attorney General ESTATES AND TRUSTS ORPHANS’ COURT — ORPHANS’ COURT REVIEW REQUIRED WHEN ESTATE FUNDS ARE USED TO PAY ATTORNEY’S FEES Honorable Theresa A. Lawler Chief Judge, Orphans’ Court for Baltimore County You have requested our opinion concerning the […]

The Honorable Thomas M. Middleton, Chairman Senate Finance Committee. The Honorable Peter A. Hammen, Chairman House Health and Government Operations Committee. Attorney General of Maryland — Opinion February 23, 2009. HEALTH MENTAL HEALTH — HEALTH INSURANCE — IMPACT ON MARYLAND LAW OF THE PAULWELLSTONE AND PETER DOMENICI MENTAL HEALTH PARITY AND ADDICTION EQUITYACT OF 2008 […]