Maryland Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Maryland, with full citations and the original source on every page.
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Does Maryland's Public Information Act apply to delayed public broadcasts of encrypted police radio dispatch calls?
The opinion concluded that live, unencrypted police radio chatter picked up by a scanner is not itself a public record, but a recording made to facilitate a delayed public broadcast of that radio…
Can a Maryland police officer still testify about what they saw if a court throws out their body-worn camera recording under the state's wiretap law?
The opinion concluded that Maryland's Wiretap Act applies to a police officer's body-worn camera only when the officer intentionally records a private conversation without fitting an exception, and…
Can I drive a side-by-side utility vehicle on a Maryland road if it is registered in West Virginia?
Generally no. The Attorney General said Maryland does not provide a statewide road-use registration path for recreational side-by-sides; limited travel is permitted on designated county roads in…
Can the interstate physician licensing commission limit its executive committee or run another licensing compact?
Yes to limiting its executive committee's work; no to administering another licensing compact. The Maryland Attorney General read the compact as giving the full commission control over work done on…
Can someone withdraw a Maryland police misconduct complaint and stop the investigation?
A complainant may ask to withdraw, but that does not end the process. For misconduct involving a member of the public, the agency must investigate and send the matter to the civilian Administrative…
When can a Maryland CPA help a client file a Corporate Transparency Act beneficial ownership report without practicing law?
A Maryland CPA could give general information, walk a client through FinCEN's instructions, define familiar terms, gather facts, and file a BOIR from information the client supplied. The CPA could…
Did Maryland's attorney-consultation rule for children violate a child's or parent's constitutional rights?
The Attorney General found no basis to say Maryland's requirement that a child consult an attorney before custodial questioning violated the constitutional rights of the child or parent. The opinion…
Could Maryland funeral regulators license alkaline hydrolysis for human remains under the law reviewed in 2023?
No. The Attorney General concluded that Maryland law generally prohibited disposal of human remains by alkaline hydrolysis, and that the process did not meet the statutes' definition of cremation.…
Which liquor licensing receipts must Harford County's board distribute to local governments?
The Maryland Attorney General read Harford County's distribution rule as covering the fees paid for liquor licenses themselves. The rule does not cover other money the liquor board collects, such as…
Can a Maryland county enact a law making state traffic offenses secondary and restricting consent searches at stops?
The Attorney General said Maryland's vehicle law would preempt a county ordinance that reclassifies state traffic offenses as secondary. The same law would not preempt a local rule limiting…
Are propane deer cannons on Maryland farms exempt from noise limits, and can a county restrict them?
A farm propane cannon used to scare wildlife from crops is exempt from Maryland's statewide noise regulation if used and maintained as the manufacturer specifies. A county or municipality with…
Can Maryland treat an inactive 529 savings account as abandoned property?
The Attorney General concluded that Maryland's abandoned-property law did not apply to balances in Maryland 529's college and disability savings accounts. It likely did apply to money owed on…
Can a Maryland Class 4 limited winery prepare the food it sells on its own premises?
Yes. The Attorney General concluded that a Class 4 limited winery may prepare the foods the alcohol law permits it to sell or serve on its own premises. Any applicable health department food service…
Can Maryland's Governor or General Assembly cut or redirect the casino-funded money set aside to repay Built to Learn Act school construction bonds?
The opinion concluded that the Built to Learn Act's requirement to move a fixed amount each year from the casino-funded Education Trust Fund into the school construction bond repayment fund is a…
After Maryland partially legalized cannabis, could police still search a vehicle or person based only on cannabis odor?
The Attorney General predicted that cannabis odor from a vehicle would likely still supply probable cause to search the vehicle after partial legalization, because the vehicle might contain evidence…
Which public impound towing fees set the cap for private-lot trespass towing in Maryland?
The Attorney General said the amount doubled for Maryland's private-lot trespass towing cap covers fees tied to the tow itself, such as hook-up, mileage, or time. Storage and notice fees and traffic…
Did Maryland require fire sprinklers in factory-built manufactured homes?
The Attorney General concluded that Maryland law in 2022 did not require fire sprinklers in manufactured homes built to federal HUD standards. Federal law would permit Maryland to adopt a sprinkler…
What did Maryland's new requirement that police force be necessary and proportional mean?
The Attorney General read Maryland's new force standard to require officers to use a safe and effective reasonable alternative when one exists, and no more force than reasonably needed when force is…
Could Maryland public universities meet outsourcing rules through labor agreements instead of approved procurement policies?
No. The Attorney General concluded that the University System of Maryland, Morgan State, and St. Mary's College had to amend their procurement policies and submit them for approval to meet the 2016…
Can a Maryland commissioner county set its own definition of 'newspaper' for legal notices?
Maryland's Attorney General advised that St. Mary's County, a commissioner county, cannot change the state-law definition of 'newspaper' (in General Provisions Section 1-113) for legal notices…
Are the records of a government-created advisory committee open to the public under Maryland's Public Information Act?
The opinion concluded that a committee a government creates to advise it on public matters, such as a town's stormwater committee, is very likely a 'unit or instrumentality' under the Public…
Can a Maryland county require alcohol retailers to live in that county to get a liquor license, or does that discriminate against out-of-county and out-of-state residents in violation of the Commerce Clause?
The opinion concluded that Harford County's requirement that alcoholic beverages licensees reside in the county, even though no longer a durational requirement, would likely be struck down under the…
Could Maryland's school board give a new superintendent a full term when filling a midterm vacancy?
The Attorney General concluded that Maryland's State Board of Education could appoint a replacement superintendent only for the remainder of the existing term, not a new four-year term. For the…
Can a Maryland code home rule county charge a private waste transfer station a 'host fee' without express authorization from the state legislature?
The opinion concluded that Charles County, as a code home rule county, could not impose the proposed 'host fee' on private waste transfer stations because no state law in effect when the county…
Could Maryland nurse practitioners, nurse-midwives, and physician assistants provide medication abortions, and could physician assistants perform surgical abortions?
The Attorney General predicted that a Maryland court would likely allow nurse practitioners, certified nurse-midwives, and physician assistants to prescribe and provide medication abortions because…
Could a Maryland employer count protected sick and safe leave as absence points that might lead to discipline?
The Attorney General concluded that an employer could not assign absence points that might lead to discipline for legitimate sick and safe leave. An employer could penalize actual improper use or a…
Did Maryland's carbon monoxide alarm requirement cover all-electric rental homes?
Yes. The Attorney General concluded that Maryland's 2016 carbon monoxide alarm requirement applied to all rental dwelling units, including units that relied only on electricity and had no…
In Maryland, can a county freeze its sheriff's or state's attorney's salary to block an automatic pay raise that was set before their term began?
The opinion concluded that Queen Anne's County's State's Attorney and Sheriff were entitled to the automatic pay raises tied to District Court judges' salaries, because those raises had been set by…
Could a Maryland county approve a major septic subdivision if its growth tier map failed statutory rules?
Generally no. The Attorney General concluded that a locality with a noncompliant growth tier map could approve a major residential subdivision only if it was served by public sewer and located in…
Could Maryland handle a juvenile offense committed at Aberdeen Proving Ground?
Likely yes. The Attorney General concluded that Maryland authorities could exercise juvenile jurisdiction at Aberdeen Proving Ground unless the federal government certified that federal jurisdiction…
Were Maryland daily substitute teachers excluded from earning sick and safe leave?
No. The AG found no blanket exclusion for daily substitutes. Many who regularly worked under 12 hours a week were exempt from the Act entirely; those covered still earned no leave in a two-week pay…
Did a local legislative body have to designate a zoning board alternate, and for how long?
The Attorney General concluded that the covered local legislative body had to designate at least one alternate member of its zoning board of appeals. An alternate served the same three-year term as…
Would a Maryland bill allowing college-related child support after age 18 violate equal protection?
The Attorney General concluded that a proposed bill letting equity courts consider support for an adult child's postsecondary education would not violate equal protection. The bill would have…
Did Maryland's lead-paint qualified-offer system survive the court's invalidation of landlord immunity?
No. The Attorney General concluded that the qualified-offer and related insurance provisions could not stand apart from the landlord-immunity provisions invalidated by Maryland's Court of Appeals.…
Could a Maryland city require an advisory vote before considering every charter amendment?
No. The Attorney General concluded that College Park could not make a nonbinding voter referendum a required first step before its council considered a charter amendment. State law prescribed the…
Could a Maryland district judge sign a warrant to search a cellphone or track its location?
It depended on the request. The Attorney General concluded that a district court judge could sign a warrant for physically searching a phone or an order for live location tracking. Wiretaps,…
Could Maryland set mandatory ventilator-allocation rules during a declared pandemic emergency?
The Attorney General concluded that the Governor likely could issue mandatory ventilator-allocation criteria during a declared catastrophic health emergency. Providers following State criteria in…
Can a government leave policy require judges to use their own vacation days for religious holidays instead of giving them extra paid leave?
The opinion concluded that Maryland's policy of letting judges use only their existing personal and annual leave, not extra paid administrative leave, to be absent for religious holidays did not…
Could a Maryland locality require more forest protection than the State Forest Conservation Act?
Yes. The Attorney General concluded that a local forest conservation program could require no net loss of forest and stricter reforestation or afforestation than State law. The locality did not have…
Did same-sex infidelity count as adultery under Maryland's divorce law?
Yes under the family law the Attorney General analyzed in 2015. The opinion concluded that a spouse's extramarital sexual conduct with a person of the same sex fell within the family-law meaning of…
Who could regulate and inspect Maryland doctors who dispensed prescriptions, and could they delegate dispensing?
The Attorney General concluded that the Board of Pharmacy could neither set the dispensing-permit regulations nor inspect permitted prescribers' offices. Prescribers could not delegate the entire…
When did a Prince George's County zoning applicant have to disclose payments to council members?
The Attorney General concluded that the required payment-disclosure affidavit had to be filed at least 30 days before the Prince George's County District Council considered the application,…
Could Baltimore's liquor board extend license transfers, let staff impose penalties, and skip open-meeting minutes?
The Attorney General concluded that Baltimore's liquor board could not grant a hardship extension of the license-transfer deadline or let staff impose sanctions without the board. Its licensing…
Could Maryland inspect boats for invasive species before they entered Deep Creek Lake?
The Attorney General concluded that Maryland's natural resources officers already had statutory authority to inspect vessels for invasive species and prevent contaminated launches. Plain-view and…
Can a Maryland county's board of commissioners appoint one of its own sitting members to serve as a regular citizen member of the county planning commission?
The opinion concluded that a Frederick County commissioner's appointment to a five-year, non-ex-officio seat on the planning commission was void from the outset, because state law lets a board…
Does Maryland's Homestead Tax Credit reduce special district taxes, like shore erosion control or waterways improvement assessments, in addition to regular county and municipal property taxes?
The opinion concluded that the Homestead Tax Credit did not apply to special benefit taxes imposed by Anne Arundel County's Special Community Benefit Districts, Shore Erosion Control Districts, or…
Do people who get a free government cellphone through the Lifeline program have to pay Maryland's 911 fee?
The opinion concluded that low-income Marylanders who received a free cellphone and free monthly minutes through the federal Lifeline program were not required, under the law as it then stood, to…
Did Maryland's procurement conflict rules cover public-private partnerships and design-build contracts?
The Attorney General concluded that the State Ethics Law's procurement conflict provisions applied to public-private partnerships, design-build contracts, and other alternative delivery methods.…
Could a Maryland town council change a comprehensive plan after its planning commission approved it?
The Attorney General concluded that a local legislative body could adopt or reject the planning commission's comprehensive plan, but could not adopt even minor substantive changes without first…
Can one person serve as labor relations administrator for two different Maryland counties or agencies at the same time?
The opinion concluded that the Labor Relations Administrator positions for Montgomery County and for the Washington Suburban Sanitary Commission are each an 'office of profit' under Article 35 of…
Did Maryland's 1970 school staffing integration rule require racial hiring quotas, and was it still valid?
The Attorney General concluded in 2014 that Maryland's Integration Rule did not require racial quotas or preferences in individual school employment decisions. It remained valid when read as an…
Could Maryland police escort a motorcycle charity ride across county lines, and could road officials require event insurance?
The Attorney General concluded that police could use escort privileges for large motorcycle charity rides and local officers could cross jurisdictional lines for escort duty, but could not generally…
Was Worcester County's liquor department a wholesaler or retailer when buying alcohol?
The Attorney General concluded that Worcester County's liquor department was treated as a wholesaler when it bought alcohol to resell to other retailers, and as a retailer when it bought for its own…
Did Maryland need to certify that local jails met federal prison rape standards to keep full funding?
The Attorney General concluded that Maryland's Governor could reasonably find locally operated jails generally outside the State executive branch's operational control for federal PREA…
Does Maryland's ban on a 'segregated ballot' for disabled voters mean their ballots have to look identical to everyone else's, or just avoid being counted separately?
The opinion concluded that a voting system creates an unlawful 'segregated ballot' for disabled voters only when the ballots produced for them are distinguishable in appearance or handling from…
Could a propane supplier face charges for removing a competitor's tank and leaving it by the road?
The Attorney General said prosecution under Maryland's LPG Container Law would be problematic when the supplier left the competitor's tank on the customer's property, but could be possible if the…
Could Maryland extend State collective bargaining coverage to University of Maryland Medical Center employees?
The Attorney General concluded that University of Maryland Medical Center employees were outside the National Labor Relations Act and were not then listed under Maryland's State collective…
Would repealing Maryland's old six-month rule for departing clerks and registers change who finished their work?
The Attorney General concluded that repealing Article 36, §§ 8 and 9 would not substantively change Maryland law. Later statutes had shifted responsibility for unfinished business to incoming clerks…
Could a Maryland code county require new homeowners associations to be able to maintain common areas?
The Attorney General concluded that Charles County could adopt reasonable HOA bylaw measures and developer funding conditions to help new associations maintain common areas and facilities. Those…
Did an Anne Arundel school board member seeking a second term need nomination, appointment, and a retention vote?
The Attorney General concluded that an incumbent seeking a second term on Anne Arundel County's school board had to be nominated by the School Board Nominating Commission, appointed by the Governor,…
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Attorney general opinions in Maryland are written by the Maryland Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.