Category: Attorney General Opinions

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 […]

Mr. Charles W. Turnbaugh Commissioner of Financial Regulation Attorney General of Maryland — Opinion June 27, 2005 ATTORNEYS UNAUTHORIZED PRACTICE OF LAW — LAY PERSON’S COMPLETION OF STANDARD COMPUTER-GENERATED LOAN FORMS WITH FACTUAL INFORMATION NOT UNAUTHORIZED PRACTICE OF LAW J. JOSEPH CURRAN, JR. Dear Mr. Charles W. Turnbaugh You have asked for our opinion whether, […]

The Honorable John J. Hafer Maryland Senate Attorney General of Maryland — Opinion February 15, 2001 Constitutional Law — Search And Seizure — Vehicle Laws — Unannounced Warrantless Inspections Conducted At The Premises Of Motor Carrier Pursuant To Statute Are Constitutional J. JOSEPH CURRAN, JR. Dear Honorable John J. Hafer You have asked for our […]

The Honorable Boyd K. Rutherford Secretary of Department of General Services Attorney General of Maryland — Opinion November 18, 2004 PROCUREMENT ARCHITECTURAL AND ENGINEERING SERVICES — GENERAL PROFESSIONAL SERVICES SELECTION BOARD MAY CONSIDER PRICE PROPOSAL FROM ONE COMPETING FIRM AT A TIME J. JOSEPH CURRAN, JR. Dear Honorable Boyd K. Rutherford At the request of […]

Mr. W. Roland Knapp Attorney General of Maryland — Opinion March 28, 1997 Mr. W. Roland Knapp Director, Maryland Division of Parole and Probation Suite 305 6776 Reisterstown Road Baltimore, Maryland 21215 J. JOESPH CURRAN, JR. Dear Mr. Knapp: You have requested our opinion whether a parole and probation agent may have access to records […]

The Honorable Richard N. Dixon Attorney General of Maryland — Opinion January 12, 1998 State Treasurer — Authority to Invest in Money MarketMutual Funds That Hold Commercial Paper The Honorable Richard N. Dixon State Treasurer Room 109 Treasury Building Annapolis, Maryland 21401-1991 J. JOSEPH CURRAN, JR. Dear Treasurer Dixon: You have requested our opinion on […]

Mr. Charles J. Krysiak Attorney General of Maryland — Opinion March 3, 1997 Mr. Charles J. Krysiak Chairman Workers’ Compensation Commission 6 North Liberty Street Baltimore, Maryland 21201-3785 J. JOESPH CURRAN, JR. Dear Mr. Krysiak: You have requested our opinion whether the Maryland Association of Boards of Education Workers’ Compensation Group Self-Insurance Fund (the “Fund”) […]

Michael J. Travieso, Esquire Office of People’s Counsel Attorney General of Maryland — Opinion August 23, 2001 OFFICE OF PEOPLE’S COUNSEL — PUBLIC UTILITIES — SOVEREIGN IMMUNITY — LIMITED LIABILITY COMPANIES — OFFICE OF PEOPLE’S COUNSEL MAY PARTICIPATE IN INDEPENDENT SYSTEM OPERATOR (“ISO”) AS EX OFFICIO MEMBER OF ISO ORGANIZED AS A LIMITED LIABILITY COMPANY […]

Edward Kasemeyer. Attorney General of Maryland — Opinion December 16, 2005. The Honorable Edward J. Kasemeyer The Honorable Mary-Dulany James 301 James Senate Office Building 326 Lowe House Office Building Annapolis, Maryland 21401-1991 Annapolis, Maryland 21401-1991 J. Joseph Curran, Jr., Attorney General Dear Senator Kasemeyer and Delegate James, You have asked for our opinion on […]

The Honorable Maggie McIntosh House of Delegates Attorney General of Maryland — Opinion December 9, 2003 ENVIRONMENT STATUTORY REQUIREMENTS FOR POSTER INFORMING PAINT PURCHASERS ABOUT LEAD POISONING HAZARDS J. JOSEPH CURRAN, JR. Dear Honorable Maggie McIntosh You have asked for our opinion whether a particular poster complies with legislation recently enacted by the General Assembly […]

The Honorable Alan M. Wilner Attorney General of Maryland — Opinion April 10, 1998 CORRECTIONS — PROCUREMENT — EFFECT OF SUBSEQUENT LAW ONGRANTS OF AUTHORITY TO THE DIVISION OF CORRECTION 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. […]

The Honorable Robert L. Dean Attorney General of Maryland — Opinion August 19, 1997 Criminal Law — Child Abuse — Applicability toSexual Contact Between Teacher and Student After School Hoursor Off School Premises The Honorable Robert L. Dean State’s Attorney for Montgomery County 50 Maryland Avenue Rockville, Maryland 20850 J. JOESPH CURRAN, JR. Dear Mr. […]

The Honorable Chris Van Hollen, Jr. Attorney General of Maryland — Opinion February 15, 1996 The Honorable Chris Van Hollen, Jr. 404 James Senate Office Building Annapolis, Maryland 21401-1991 J. JOSEPH CURRAN, JR. Dear Senator Van Hollen: You have requested our opinion whether funds from the Transportation Trust Fund may be used as a grant […]

The Honorable Ronald C. Dillon, The Honorable Cathleen M. Vitale, The Honorable Barbara D. Samorajczyk, The Honorable Edward R. Reilly, County Council of Anne Arundel County Attorney General of Maryland — Opinion September 29, 2003 ZONING AND PLANNING — APPROVAL OF DEVELOPMENT RIGHTS AND RESPONSIBILITIES AGREEMENTS J. JOSEPH CURRAN, JR. Dear Honorable Ronald C. Dillon, […]

The Honorable Larry W. Shipley Attorney General of Maryland — Opinion June 11, 1997 Taxation — Recordation Tax — Taxpayer May Not Obtain Refundof Tax Voluntarily Prepaid Under TP, § 12-105(f)(4) The Honorable Larry W. Shipley Clerk of the Circuit Court for Carroll County P.O. Box 190 Westminster, Maryland 21158 J. JOESPH CURRAN, JR. Dear […]

RACE — HIGHER EDUCATION — STANDARDS FOR MEASURING THE STATE’S SUCCESS IN DISMANTLING THE PAST SYSTEM OF DE JURE SEGREGATION IN PUBLIC HIGHER EDUCATION. Attorney General of Maryland — Opinion November 8, 2005. J. JOSEPH CURRAN, Jr., Attorney General Calvin W. Burnett, Ph.D. Maryland Higher Education Commission CIVIL RIGHTS AND DISCRIMINATION You have asked for […]

The Honorable Jerry F. Barnes State’s Attorney for Carroll County. Attorney General of Maryland — Opinion May 11, 2009. STATE’S ATTORNEYS MEDICAL RECORDS — PROCESS BY WHICH A STATE’S ATTORNEY M AY O BTAIN MEDICAL RECORDS FOR C RIMINAL INVESTIGATION OR PROSECUTION IN COMPLIANCEWITH LAWS PROTECTING CONFIDENTIALITY OF HEALTH INFORMATION DOUGLAS F. GANSLER. Dear Jerry […]

Jennifer K. Etheridge Attorney General of Maryland — Opinion May 20, 2002 CRIMINAL PROCEDURE SEARCH AND SEIZURE DISCLOSURE OF SEARCH WARRANT INFORMATION TO COMMUNITY ORGANIZATION FOR DRUG NUISANCE ABATEMENT ACTION Jennifer K. Etheridge Assistant State’s Attorney Community Prosecution Chief Office of the State’s Attorney for Baltimore City J. JOSEPH CURRAN, JR. Dear Jennifer K. Etheridge […]

The Honorable James P. Casey Attorney General of Maryland — Opinion April 16, 1997 The Honorable James P. Casey Master for Juvenile Causes Circuit Court for Baltimore City Courthouse East 111 North Calvert Street Baltimore, Maryland 21202 J. JOESPH CURRAN, JR. Dear Master Casey: You have requested our opinion whether retired masters who are members […]

Colonel Paul A. Drula Office of the Sheriff. Attorney General of Maryland — Opinion May 27, 2009. SHERIFFS CONSTITUTIONAL LAW — FREE EXERCISE CLAUSE — WHETHER DEPUTY SHERIFFSMAY REQUIRE INDIVIDUALS ENTERING A COURTHOUSE TO REMOVE RELIGIOUSHEADGEAR FOR SECURITY PURPOSES DOUGLAS F. GANSLER. Dear Colonel Paul A. Drula You have asked for our opinion regarding the […]

The Honorable Scott L. Rolle Attorney General of Maryland — Opinion September 19, 1996 The Honorable Scott L. Rolle State’s Attorney for Frederick County 100 West Patrick Street Frederick, Maryland 21701 J. JOSEPH CURRAN, JR. Dear Mr. Rolle: You have requested our opinion concerning the authority of deputy fire marshals to initiate criminal charges for […]

The Honorable Thomas V. “Mike” Miller Attorney General of Maryland — Opinion February 7, 2000 The Honorable Thomas V. “Mike” Miller H-107 State House Annapolis, Maryland 21401-1991 J. JOSEPH CURRAN, JR. Dear President Miller, You have asked for our opinion on the constitutionality of employing statistically adjusted census data — as opposed to the traditional […]

The Honorable Michael E. Busch Attorney General of Maryland — Opinion October 30, 2000 Insurance — Real Property — Obligation of Title InsuranceCompanies to Conduct Annual Review of Settlement Agents The Honorable Michael E. Busch J. JOSEPH CURRAN, JR. Dear Delegate Busch: You have requested our opinion concerning a provision of the State insurance code […]

Mr. Steven B. Larsen Attorney General of Maryland — Opinion January 27, 2003 Insurance — Health Statutes — Retroactivity — Constitutional Law — Contract Clause — Due Process — Application of Recent Legislation to Pending Acquisition of Nonprofit Health Service Plan Mr. Steven B. Larsen Insurance Commissioner J. JOSEPH CURRAN, JR. Dear Mr. Steven B. […]

Rex W. Cowdry, M.D., Maryland Health Care Commission. Attorney General of Maryland — Opinion February 23, 2009. MARYLAND HEALTH CARE COMMISSIONFEES — EFFECTIVE DATE OF LEGISLATION CREATING NEW ALLOCATION METHODFOR COMMISSION FEES DOUGLAS F. GANSLER. Dear Rex W. Cowdry, M.D. The Maryland Health Care Commission (“Commission” or “MHCC”) is funded by fees assessed against various […]

The Honorable Jamie Raskin, The Honorable James Brochin, Maryland Senate. Attorney General of Maryland — Opinion March 8, 2010. CORPORATIONS EXECUTIVE COMPENSATION — WHETHER EXECUTIVE COMPENSATIONMAY CONSTITUTE A “WASTE” OF CORPORATE ASSETS AND HOW SUCH COMPENSATIONMAY BE REGULATED DOUGLAS F. GANSLER. Dear Jamie Raskin You have asked about the law governing executive compensation at Maryland […]

Guy R. Ayres III, Esquire Attorney General of Maryland — Opinion October 1, 2001 CIVIL RIGHTS AND DISCRIMINATION — AGE — MUNICIPAL ORDINANCE REGULATING DANCE CLUBS MAY PRESCRIBE AGE RESTRICTIONS TO SEPARATE MINORS FROM ADULTS J. JOSEPH CURRAN, JR. Dear Guy R. Ayres III, Esquire On behalf of the Mayor and City Council of Ocean […]

Mr. Benjamin C. Bradlee Attorney General of Maryland — Opinion June 30, 1997 Constitutional Law — Establishment Clause — StatutesHistoric St. Mary’s City Commission May Not Donate Propertyto Religious Organization — Grave Desecration Statutes DoNot Apply to Commission Mr. Benjamin C. Bradlee Chairman, Historic St. Mary’s City Commission P.O. Box 39 St. Mary’s City, Maryland […]

Mr. Steven Larsen Attorney General of Maryland — Opinion May 24, 2000 Insurance — Maryland Automobile Insurance FundInsurance Commissioner’s Authority to Regulate MAIFUnder the Unfair Claims Settlement Practices Act Mr. Steven Larsen Insurance Commissioner J. JOSEPH CURRAN, JR. Dear Mr. Steven Larsen You have requested our opinion on the relationship between the Maryland Insurance Administration […]

The Honorable Gary D. Maynard Secretary, Department of Public Safety and Correctional Services. Attorney General of Maryland — Opinion June 14, 2007. CRIMINAL PROCEDURE PAROLE AND PROBATION — AUTHORITY OF THE PAROLE COMMISSION TO RESTRICTAN OFFENDER’S CONTACT WITH THE OFFENDER’S OWN CHILD DOUGLAS F. GANSLER. Dear Gary D. Maynard Your predecessor requested our opinion on […]

The Honorable Nathaniel J. McFadden Maryland Senate 442 Attorney General of Maryland — Opinion January 14, 2003 Environment — Budgetary Administration — Federal Grants— Disposition of Interest Earned by State Contributions to SpecialRevolving Loan Fund The Honorable Nathaniel J. McFadden Maryland Senate 442 The Honorable Samuel I. Rosenberg Maryland House of Delegates J. JOSEPH CURRAN, […]

Virginia W. Barnhart, Esquire Attorney General of Maryland — Opinion May 19, 2000 Elections — Referenda — Counties — Sufficiency Determination Concerning a Referendum on a Public Local Law Enacted by the General Assembly is to be Made by State Officials Virginia W. Barnhart, Esquire County Attorney for Baltimore County 400 Washington Avenue Towson, Maryland […]

Martha A. Smith, Ph.D., President, Anne Arundel Community College. Attorney General of Maryland — Opinion November 7, 2007. COLLEGES AND UNIVERSITIES COMMUNITY C OLLEGES — PROCUREMENT — W HETHER STATE LIVING W AGE LAW APPLIES TO COMMUNITY C OLLEGES DOUGLAS F. GANSLER. Dear Martha A. Smith, Ph.D. You requested our opinion whether the State Living […]

The Honorable Sharon Grosfeld Maryland Senate Attorney General of Maryland — Opinion January 28, 2005 HEALTH MAINTENANCE ORGANIZATIONS HEALTH INSURANCE — PHYSICIANS — ASSESSMENT OF HMO MEMBER BY PHYSICIAN FOR “MALPRACTICE SURCHARGE” VIOLATES HMO LAW PROHIBITION AGAINST BALANCE BILLING J. JOSEPH CURRAN, JR. Dear Honorable Sharon Grosfeld You have asked for our opinion about the […]

The Honorable Paula C. Hollinger Attorney General of Maryland — Opinion September 3, 1996 The Honorable Paula C. Hollinger 206 James Senate Office Building Annapolis, Maryland 21401 J. JOSEPH CURRAN, JR. Dear Senator Hollinger: You have requested our opinion whether acupuncturists are entitled to reimbursement from insurers for their services based upon their status as […]

Mr. Frank C. Sizer, Jr., Commissioner, Division of Correction Department of Public Safety Correctional Services. Attorney General of Maryland — Opinion March 2, 2006. CORRECTIONS MARYLAND CORRECTIONAL ENTERPRISES — SALE OF PRISON-MADE GOODS TO INMATES AT PRISON COMMISSARY J. JOSEPH CURRAN, JR. You have requested our opinion regarding the sale of goods by Maryland Correctional […]

Mr. Bruce C. Myers, CPA Legislative Auditor Department of Legislative Services Attorney General of Maryland — Opinion August 5, 2003 LEGISLATIVE AUDITOR — STATE ETHICS COMMISSION — AUTHORITY OF LEGISLATIVE AUDITOR TO EXAMINE FINANCIAL DISCLOSURE STATEMENTS Mr. Bruce C. Myers, CPA Legislative Auditor Department of Legislative Services J. JOSEPH CURRAN, JR. Dear Mr. Bruce C. […]

Elizabeth F. Harris, Esquire Office of the Governor. Attorney General of Maryland — Opinion January 29, 2008. FEDERAL ENCLAVESTAXATION — PROPERTY TAX — IMPACT FEES — WHETHER PRIVATE INTERESTS NREAL PROPERTY IN AN ENCLAVE OF EXCLUSIVE FEDERAL JURISDICTION ARESUBJECT TO STATE AND LOCAL PROPERTY TAXES AND IMPACT FEES DOUGLAS F. GANSLER Dear Elizabeth F. Harris […]

Mr. Kenneth A. Schertle Attorney General of Maryland — Opinion December 6, 1996 Mr. Kenneth A. Schertle Executive Director Maryland Racing Commission 501 St. Paul Place Tenth Floor Baltimore, Maryland 21202 J. JOSEPH CURRAN, JR. Dear Mr. Schertle: On behalf of the Maryland Racing Commission, you have requested our opinion about the exclusion of licensees […]

Mr. H. Robert Hergenroeder Attorney General of Maryland — Opinion August 19, 1997 Financial Institutions — Mortgages — Prepayment FeesPreemptive Effect of Federal Law on State Restrictions Mr. H. Robert Hergenroeder Commissioner of Financial Regulation 500 North Calvert Street Suite 402 Baltimore, Maryland 21202 J. JOESPH CURRAN, JR. Dear Commissioner Hergenroeder: You have requested our […]

David D. Downes, Chairman Attorney Grievance Commission. Attorney General of Maryland — Opinion November 14, 2007. ATTORNEYS ATTORNEY GRIEVANCE COMMISSION — ATTORNEY TRUST ACCOUNTS — FINANCIALINSTITUTIONS — WHETHER FINANCIAL INSTITUTION MUST HAVE A BRANCH INMARYLAND OR A NEIGHBORING JURISDICTION IN ORDER TO HANDLE TRUST ACCOUNTSOF MARYLAND LAWYERS DOUGLAS F. GANSLER. Dear David D. Downes You […]

The Honorable F. Vernon Boozer Attorney General of Maryland — Opinion September 9, 1996 The Honorable F. Vernon Boozer Room 410 James Senate Office Building Annapolis, Maryland 21401-1991 J. JOSEPH CURRAN, JR. Dear Senator Boozer: You have requested our opinion whether State law precludes enforcement of a Baltimore City ordinance requiring operators of certain construction […]

The Honorable John M. Colmers Secretary, Department of Health and Mental Hygiene. Attorney General of Maryland — Opinion March 5, 2008. ALCOHOLIC BEVERAGES FLAVORED M ALT BEVERAGES FALL W ITHIN THE C ATEGORY OF “DISTILLEDSPIRITS” FOR PURPOSES OF TAXATION AND LICENSING DOUGLAS F. GANSLER, Attorney General. Dear Honorable John M. Colmers You have requested our […]

Mr. Alfred W. Redmer, Jr. Insurance Commissioner Maryland Insurance Administration Attorney General of Maryland — Opinion March 18, 2004 HEALTH MAINTENANCE ORGANIZATIONS HEALTH INSURANCE — EMERGENCY MEDICAL SERVICES — HMO LAW FORBIDS BALANCE BILLING OF HMO MEMBERS FOR EMERGENCY AMBULANCE SERVICES J. JOSEPH CURRAN, JR. Dear Mr. Alfred W. Redmer, Jr. You have asked for […]

Peter Basch, M.D. Attorney General of Maryland — Opinion August 6, 2007. HEALTH MEDICAL RECORDS — APPLICATION OF M ARYLAND MEDICAL RECORDSCONFIDENTIALITY ACT TO A POSSIBLE STATEWIDE “HEALTH INFORMATIONEXCHANGE” MECHANISM Peter Basch, M.D MedStar Health DOUGLAS F. GANSLER. In your capacity as Chair of the Task Force to Study Electronic Health Records, you have requested […]

The Honorable John J. McCarthy, State’s Attorney for Montgomery County. Attorney General of Maryland — Opinion October 13, 2010. EDUCATION PUBLIC SCHOOLS — CHARTER HOME RULE COUNTIES — JUVENILECAUSES — COUNTY LACK AUTHORITY TO ENACT A LOCAL LAW PROVIDING FORARREST AND DETENTION OF CHILD FOR TRUANCY DOUGLAS F. GANSLER. Honorable John J. McCarthy You requested […]

John B. Norris, III, Esquire County Attorney for St. Mary’s County Attorney General of Maryland — Opinion August 27, 2002 COUNTIES — ATTORNEYS — WHETHER LAWYERS IN COUNTY ATTORNEY’S OFFICE MAY ACT AS ADVISER TO ADMINISTRATIVE TRIBUNAL AND ADVOCATE BEFORE SAME TRIBUNAL J. JOSEPH CURRAN, JR. Dear John B. Norris, III, Esquire Your predecessor asked […]

The Honorable K. Bennett Bozman Attorney General of Maryland — Opinion August 4, 2000. Municipalities — Public Officers and EmployeesIncompatible Positions Doctrine Bars Ocean City PoliceOfficers From Serving on City Council The Honorable K. Bennett Bozman Maryland House of Delegates J. JOSEPH CURRAN, JR. Dear The Honorable K. Bennett Bozman You request our opinion whether […]

The Honorable John P. Donoghue Maryland House of Delegates 412 Attorney General of Maryland — Opinion March 13, 2003 The Honorable John P. Donoghue Maryland House of Delegates 412 Lowe House Office Building Annapolis, Maryland 21401 J. JOSEPH CURRAN, JR. Dear Delegate Donoghue: Three years ago, at your request, this Office issued an opinion that […]

The Honorable Julia W. Gouge, President The Honorable Donald I. Dell The Honorable Robin B. Frazier County Commissioners of Carroll County Attorney General of Maryland — Opinion June 13, 2001 Animals — Disabled Persons — Americans With DisabilitiesAct Preempts Special Identification Requirement For Service AnimalsIn State White Cane Law — Meaning Of “professionally Trained” InState […]

Robert L. Dean Deputy State’s Attorney for Prince George’s County. Attorney General of Maryland — Opinion November 9, 2004. CRIMINAL PROCEDURE ARREST — DNA DATA BASE MATCH MAY BE USED TO ESTABLISH PROBABLE CAUSEFOR AN ARREST J. JOSEPH CURRAN, JR. Dear Robert L. Dean You have asked for our opinion whether a match between DNA […]

Mr. John E. O’Donnell Attorney General of Maryland — Opinion October 21, 1996 Mr. John E. O’Donnell Executive Director State Ethics Commission 300 East Joppa Road Suite 301 Towson, Maryland 21286 J. JOSEPH CURRAN, JR. Dear Mr. O’Donnell: You have requested our opinion whether (1) a false statement on a financial disclosure form filed pursuant […]

Tracy A. Gilmore, Esquire Attorney General of Maryland — Opinion August 10, 1999 Tracy A. Gilmore, Esquire Deputy State’s Attorney for Carroll County 125 North Court Street — Suite 303 P.O. Box 530 Westminster, Maryland 21157-0530 J. JOSEPH CURRAN, JR. Dear Ms. Gilmore: Early last year, we provided you with an opinion in response to […]

Mr. Frederick G. Davis, Director Maryland Energy Administration. Attorney General of Maryland — Opinion January 25, 2006. BUDGETARY ADMINISTRATION TRANSFER OF MONEYS BETWEEN TWO SPECIAL FUNDSADMINISTERED BY THE MARYLAN DENERGYADMINISTRATION J. JOSEPH CURRAN, JR. Dear Mr. Frederick G. Davis At the suggestion of the Legislative Auditor, your predecessor requested our opinion concerning the propriety of […]

Mr. Derick P. Berlage 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”) and […]

The Honorable Janet Owens Attorney General of Maryland — Opinion December 18, 1998 The Honorable Janet Owens County Executive for Anne Arundel County Arundel Center P.O. Box 2700 Annapolis, Maryland 21404 J. JOSEPH CURRAN, JR. Dear Ms. Owens: You have requested our opinion about public access to records reflecting individual bonuses or performance awards paid […]

Sean D. Wallace, Esquire Attorney General of Maryland — Opinion January 24, 2000 Counties — Vehicle Laws — Motor Vehicle Administration — Insurance — Maryland Automobile Insurance Fund — Counties Not Required to Maintain PIP and UM Coverage on Their Vehicles Sean D. Wallace, Esquire Frank Craven, Esquire County Attorney for Prince County Attorney for […]

The Honorable Kumar P. Barve Attorney General of Maryland — Opinion March 14, 1997 The Honorable Kumar P. Barve 222 Lowe House Office Building Annapolis, Maryland 21401 J. JOESPH CURRAN, JR. Dear Delegate Barve: You have requested our opinion whether the Maryland Public Information Act (“PIA”) entitles a driver to certain information related to the […]

George A. Lahey, Esquire Attorney General of Maryland — Opinion June 9, 1997 Public Officers — Zoning and Planning — Standardsfor Removal of Planning Commission Member for “Malfeasance inOffice” George A. Lahey, Esquire Carroll County Attorney County Office Building 225 North Center Street Westminster, Maryland 21157 J. JOESPH CURRAN, JR. Dear Mr. Lahey: You have […]

David Blumberg, Chairman Maryland Parole Commission Attorney General of Maryland — Opinion January 3, 2005 PAROLE AND PROBATION PAROLE COMMISSION MAY CONSIDER AN ALLEGED VIOLATION OF PAROLE RELATED TO PENDING CRIMINAL CHARGES OR TO CRIMINAL CHARGES THAT HAVE NOT RESULTED IN A FINDING OF GUILT J. JOSEPH CURRAN, JR. Dear David Blumberg, Chairman You have […]

Mr. Rick H. Hemphill Attorney General of Maryland — Opinion October 7, 1997 Public Officers and Employees — Courts and Judges — GeneralAssembly — Constitutional Law — Deputy Clerk of Court MayServe as Member of the General Assembly Mr. Rick H. Hemphill 1050 Security Road Hagerstown, Maryland 21742 J. JOESPH CURRAN, JR. Dear Mr. Hemphill: […]

The Honorable George C. Edwards, The Honorable Wendell R. Beitzel, The Honorable Kevin Kelly, The Honorable LeRoy E. Myers, Allegany County Delegation. Attorney General of Maryland — Opinion March 23, 2010. NATURAL RESOURCES STATE ENDANGERED SPECIES ACT — RESPONSIBILITIES OF THEDEPARTMENT OF NATURAL RESOURCES, THE PUBLIC SERVICE COMMISSION, ANDOTHER AGENCIES UNDER THE ENDANGERED SPECIES ACT […]

Clyde “Rocky” Sorrell, Esquire General Counsel Montgomery College Attorney General of Maryland — Opinion February 27, 2002 COMMUNITY COLLEGES HISTORIC PRESERVATION COMMUNITY COLLEGE PROJECT SUBJECT TO STATE, BUT NOT LOCAL, HISTORIC PRESERVATION REGULATION J. JOSEPH CURRAN, JR. Dear Clyde “Rocky” Sorrell, You have asked for our opinion whether the Maryland Historical Trust or the Montgomery […]

Colonel Thomas E. Hutchins Superintendent, Maryland State Police. Attorney General of Maryland — Opinion March 27, 2006. FIREARMS DISQUALIFICATION UNDER MARYLAND LAW BASED ON MISDEMEANOR CONVICTION J. Joseph Curran, Jr. You have asked for our opinion on two questions concerning application of the statute that prohibits an individual from possessing or receiving certain classes of […]

Board of County Commissioners Queen Anne’s County Attorney General of Maryland — Opinion April 13, 2005 ENVIRONMENT PUBLIC UTILITIES — SANITARY DISTRICTS — SMART GROWTH LAW — OBLIGATION OF SANITARY COMMISSION TO PROVIDE SEWER CONNECTION WHEN STATE FUNDING IS LIMITED BY SMART GROWTH LAW J. JOSEPH CURRAN, JR. Dear Board of County Commissioners You have […]

The Honorable Sidney A. Katz Mayor, City of Gaithersburg. Attorney General of Maryland — Opinion February 27, 2008. CONSTITUTIONAL LAWVEHICLE LAWS — PREEMPTION — FREEDOM OF SPEECH — GAITHERSBURG ORDINANCEPROHIBITING SOLICITATION FOR CERTAIN PURPOSES IN OR NEAR ROADWAY ISPREEMPTED IN PART BY MARYLAND VEHICLE LAW WHILE REMAINDER OF ORDINANCEIS UNCONSTITUTIONAL UNDER FIRST AMENDMENT DOUGLAS F. […]

The Honorable Timothy R. Ferguson Attorney General of Maryland — Opinion February 6, 1996 The Honorable Timothy R. Ferguson 403 James Senate Office Building Annapolis, Maryland 21401 J. JOSEPH CURRAN, JR. Dear Senator Ferguson: You have requested our opinion whether the Governor had the authority to approve a memorandum of understanding (the “Memorandum”) between the […]

The Honorable William Donald Schaefer Comptroller Attorney General of Maryland — Opinion June 30, 2004 TAXATION CORPORATIONS — INCOME TAX — CORPORATION THAT PARTICIPATES IN STATUTORY SETTLEMENT OF TAX LIABILITY RELATED TO PAYMENTS TO TAX-HAVEN SUBSIDIARIES MUST ELECT ONE METHOD OF TAX COMPUTATION FOR ENTIRE SETTLEMENT PERIOD WITH RESPECT TO EACH SUBSIDIARY J. JOSEPH CURRAN, […]

Mr. Robert Baum Chair, State Advisory Council on Medical Privacy and Confidentiality Department of Health Mental Hygiene Attorney General of Maryland — Opinion December 18, 2003 MEDICAL RECORDS — CONFIDENTIALITY OF MEDICAL RECORDS UNDER MARYLAND LAW AND THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) J. JOSEPH CURRAN, JR. Dear Mr. Robert […]

Mr. Stephen M. Kraus Director, Maryland Water Quality Financing Administration Attorney General of Maryland — Opinion June 22, 2001 Counties — Commissioner Counties — Bonds —Environment — Authority Of Somerset County To Borrow Funds And IssueGeneral Obligation Bonds For Capital Improvements To Landfill J. JOSEPH CURRAN, JR. Dear Mr. Stephen M. Kraus Director, You have […]

The Honorable Pamela R. Howard Cecil County Treasurer. Attorney General of Maryland — Opinion June 14, 2007. ENVIRONMENT FEES — REAL P ROPERTY — WHETHER UNPAID BAY R ESTORATION FEECONSTITUTES A LIEN ON REAL PROPERTY DOUGLAS F. GANSLER, Attorney General Dear Pamela R. Howard You have requested our opinion concerning the collection of the Bay […]

Linda Lamone, Administrator, Maryland State Board of Elections. Attorney General of Maryland — Opinion July 18, 2007. ELECTIONS BALLOTS — VOTING — ABSENTEE BALLOT OATH SHOULD BE MODIFIED TOINCORPORATE CONDITIONS FOR USE OF ABSENTEE BALLOT BY TRACKINGCONSTITUTIONAL LANGUAGE DOUGLAS F. GANSLER Attorney General. Dear Linda Lamone You have requested our opinion concerning the wording of […]

Mr. Kenneth Masters Chief Legislative Office Attorney General of Maryland — Opinion December 9, 2003 CONSTITUTIONAL LAW COURTS AND JUDGES — MEDICAL MALPRACTICE — WHETHER LEGISLATURE MAY CREATE ABSOLUTE RIGHT TO CHANGE OF VENUE FOR DEFENDANTS IN MEDICAL MALPRACTICE ACTIONS J. JOSEPH CURRAN, JR. Dear Mr. Kenneth Masters You have asked for our opinion whether […]

Robert B. Riddle, Esquire State’s Attorney for Calvert County Attorney General of Maryland — Opinion December 21, 2001 CRIMINAL LAW — CHILD ABUSE AND NEGLECT — CONSENSUAL SEXUAL INTERCOURSE BETWEEN 16-YEAR OLD STEPCHILD AND STEPPARENT IS CHILD ABUSE J. JOSEPH CURRAN, JR. Dear Robert B. Riddle, You have requested our opinion concerning the meaning of […]

The Honorable Sheila Ellis Hixson House of Delegates. Attorney General of Maryland — Opinion February 23, 2006. CONDOMINIUMS CONVERSION NOTICE MUST INCLUDE PURCHASE OFFER WITH SPECIAL PRICE FOR TENANT’S UNIT J. Joseph Curran, Jr., Attorney General You have asked for our opinion on two questions concerning the law governing the conversion of a residential rental […]

Robert R. Bass, M.D., Executive Director Maryland Institute for Emergency Medical Services Systems Attorney General of Maryland — Opinion August 29, 2003 PUBLIC SAFETY — EMERGENCY MEDICAL SERVICES — COMMUNICABLE DISEASES — WORKERS’ COMPENSATION — COMPENSATION AVAILABLE TO PUBLIC SAFETY PERSONNEL WHO UNDERGO VOLUNTARY SMALLPOX VACCINATION J. JOSEPH CURRAN, JR. Dear Robert R. Bass, M.D., […]

The Honorable Michael R. Gordon Maryland Delegate Attorney General of Maryland — Opinion June 18, 2001 Racing — Internet — Internet Account Betting Service MustComply With Maryland Telephone Betting Law To Accept Bets OnHorse Races From Maryland On Horse Races J. JOSEPH CURRAN, JR. Dear Honorable Michael R. Gordon Maryland Delegate Following the receipt of […]

Howard E. White, Executive Director, State Board of Examiners of Nursing Home Administrators, Department of Health and Mental Hygiene. Attorney General of Maryland — Opinion April 1, 2008. HEALTH OCCUPATIONS BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS — PUBLIC OFFICERSAND EMPLOYEES — INTERPRETATION OF TERM-LIMIT PROVISION RESTRICTING BOARDMEMBER TO NO MORE THAN “2 CONSECUTIVE FULL […]

The Honorable Barbara A. Mikulski Attorney General of Maryland — Opinion January 15, 1997 The Honorable Barbara A. Mikulski 709 Senate Office Building Washington, D.C. 20510-2003 J. JOESPH CURRAN, JR. Dear Senator Mikulski: You have requested our opinion concerning the effect on Maryland law of the proposed Victims’ Rights Amendment to the United States Constitution, […]

Cecilia Januszkiewicz Secretary, Department of Budget Management. Attorney General of Maryland — Opinion May 26, 2006. CONSTITUTIONAL LAW ESTABLISHMENT CLAUSE — BUDGETARY ADMINISTRATION — STATE FUNDS MAY BE EXPENDED FOR TRANSPORTATION SERVICES IN CONNECTION WITH CONVENTION OF RELIGIOUS ORGANIZATION IN BALTIMORE CITY J. JOSEPH CURRAN, JR. Dear Cecilia Januszkiewicz You have asked for our opinion […]

The Honorable Agnes Welch Attorney General of Maryland — Opinion February 11, 1998 GOVERNOR — APPOINTMENTS — GENERAL ASSEMBLY — FORMER SENATOREXPELLED FOR THE REMAINDER OF TERM IS UNQUALIFIED TOBE APPOINTED TO FILL VACANCY The Honorable Agnes Welch Baltimore City Democratic Central Committee c/o Baltimore City Council City Hall — 100 North Holliday Street Baltimore, […]

Mr. C. Irving Pinder Executive Director Board of Physician Quality Assurance Attorney General of Maryland — Opinion July 2, 2001 Physician Assistants — Physicians — Physician May NotDesignate “alternate Supervising Physician” In A DelegationAgreement With Physician Assistant For Nonhospital PracticeSetting J. JOSEPH CURRAN, JR. Dear Mr. C. Irving Pinder Your predecessor asked for our opinion […]

The Honorable Raymond A. Skinner Attorney General of Maryland — Opinion February 7, 2000 The Honorable Raymond A. Skinner Secretary, Housing and Community Development 100 Community Place Crownsville, Maryland 21032-2023 J. JOSEPH CURRAN, JR. Dear Secretary Skinner: You have requested our opinion as to whether the Maryland Housing Fund (“MHF”), an agency in the Division […]

The Honorable Rona E. Kramer Maryland Senate. Attorney General of Maryland — Opinion February 23, 2010. TAXATION CORPORATE INCOME TAX — WHETHER FEDERAL STIMULUS GRANT RECEIVEDBY A PUBLIC UTILITY WOULD BE SUBJECT TO MARYLAND INCOME TAX DOUGLAS F. GANSLER. You have requested our opinion as to whether federal stimulus funds received as part of the […]

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 […]

The Honorable Elijah E. Cummings Attorney General of Maryland — Opinion February 28, 1996 The Honorable Elijah E. Cummings 312 Lowe House Office Building Annapolis, Maryland 21401-1991 J. JOSEPH CURRAN, JR. Dear Delegate Cummings: You have requested our opinion on several questions regarding the transfer of service credits from a State or local retirement or […]

John B. Franzone, Chairman, Maryland Racing Commission. Attorney General of Maryland — Opinion March 17, 2009. RACINGGAMING — WHETHER “INSTANT RACING” IS PARI-MUTUEL BETTING AUTHORIZED BYTHE MARYLAND HORSE RACING ACT DOUGLAS F. GANSLER, Attorney General. Dear John B. Franzone You have requested our opinion whether wagering on video replays of “historic” (previously held) horse races, […]

Leonard C. Collins, Esquire Attorney General of Maryland — Opinion September 12, 2002 VEHICLE LAWS — ALCOHOL — RELATED OFFENSES — LAW ENFORCEMENT OFFICERS — POLICE MAY USE REASONABLE FORCE TO OBTAIN MANDATORY BLOOD OR BREATH SAMPLE FROM MOTORIST INVOLVED IN FATAL ACCIDENT Leonard C. Collins, Esquire President Maryland State’s Attorneys’ Association J. JOSEPH CURRAN, […]

Mr. Don S. Hillier, Chairman Health Services Cost Review Commission. Attorney General of Maryland — Opinion March 29, 1999. HEALTH SERVICES COST REVIEW COMMISSION HOSPITALS — BONDS — MARYLAND HOSPITAL BOND PROGRAM AVAILABLE FOR BONDSISSUED BY MARYLAND INDUSTRIAL DEVELOPMENT FINANCING AUTHORITY ON BEHALFOF CLOSING HOSPITAL J. JOSEPH CURRAN, JR. Dear Don S. Hillier You have […]

Mr. H. Robert Hergenroeder Attorney General of Maryland — Opinion May 5, 1998 FINANCIAL INSTITUTION — CREDIT UNIONS — MEMBERSHIP RESTRICTIONS Mr. H. Robert Hergenroeder Commissioner of Financial Regulation 500 North Calvert Street, Suite 402 Baltimore, Maryland 21202 J. JOSEPH CURRAN, JR. Dear Commissioner Hergenroeder: You have requested our opinion concerning restrictions on membership in […]

The Honorable C. Eugene Butler Attorney General of Maryland — Opinion April 9, 2002 The Honorable C. Eugene Butler Mayor, Town of Easton 16 South Washington Street Easton, Maryland 21601 J. JOSEPH CURRAN, JR. Dear Mayor Butler: You have requested our opinion on whether the Easton Town Council may, by ordinance, grant subpoena power to […]

Tracy A. Gilmore, Esquire Attorney General of Maryland — Opinion January 28, 1998 FAMILY LAW — DOMESTIC VIOLENCE — COURTS AND JUDGES — USE OFFORCE TO RETURN CHILD KEPT IN VIOLATION OF CUSTODY ORDER Tracy A. Gilmore, Esquire Deputy State’s Attorney for Carroll County 125 North Court Street — Suite 303 P.O. Box 530 Westminster, […]

Ms. Nancy S. Forster, Public Defender Office of the Public Defender. Attorney General of Maryland — Opinion October 17, 2006. PUBLIC DEFENDER TORTS — IMMUNITY — WHETHER ATTORNEYS WHO ACCEPT REFERRALS OF INDIGENT CLIENTS FROM THE PUBLIC DEFENDER FOR PRO BONO REPRESENTATION ARE COVERED BY THE MARYLAND TORT CLAIMS ACT J. JOSEPH CURRAN, JR. You […]

Brian Hepburn, M.D. Executive Director Mental Hygiene Administration Spring Grove Hospital Center. Attorney General of Maryland — Opinion January 12, 2006. MENTAL HEALTHHEALTH CARE DECISIONS ACT — CIRCUMSTANCES UNDER WHICH MENTALHEALTHFACILITYMAY ACCEPT AN INDIVIDUAL FOR VOLUNTARY ADMISSION ATTHE REQUEST OF THE INDIVIDUAL’S HEALTH CARE AGENT J. Joseph Curran, Jr., Attorney General You have requested our […]

The Honorable John Adams Hurson Attorney General of Maryland — Opinion May 22, 1996 The Honorable John Adams Hurson 313 Lowe House Office Building Annapolis, Maryland 21401 J. JOSEPH CURRAN, JR. Dear Delegate Hurson: You have requested our opinion whether the Housing Opportunities Commission of Montgomery County (the “Commission”) has authority under current law “to […]

The Honorable Jerry F. Barnes Attorney General of Maryland — Opinion September 13, 1996 The Honorable Jerry F. Barnes State’s Attorney for Carroll County 125 North Court Street P.O. Box 530 Westminster, Maryland 21158-0530 J. JOSEPH CURRAN, JR. Dear Mr. Barnes: You have requested our opinion whether a defendant can be sentenced to a local […]

The Honorable Jerry F. Barnes State’s Attorney for Carroll County Attorney General of Maryland — Opinion June 22, 2001 Criminal Procedure — Search And Seizure Computation OfStatutory 15-day Period For Execution Of Search Warrant J. JOSEPH CURRAN, JR. Dear Honorable Jerry F. Barnes You have asked for our opinion as to when the 15-day statutory […]

The Honorable James S. Grimes Mayor, City of Frederick Attorney General of Maryland — Opinion April 30, 2001 Law Enforcement Officers — Public Information Act — OpenMeetings Act — Effect Of State Law On Operation Of ProposedMunicipal Police Review And Advisory Board J. JOSEPH CURRAN, JR. Dear Honorable James S. Grimes You have asked for […]

The Honorable Steven T. Sager Attorney General of Maryland — Opinion June 4, 1997 Constitutional Law — Establishment Clause — Church’sUse of Space in a Publicly Owned Facility The Honorable Steven T. Sager Mayor of Hagerstown City Hall 1 East Franklin Street Hagerstown, Maryland 21740-4817 J. JOESPH CURRAN, JR. Dear Mayor Sager: You have requested […]