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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Which Maryland transportation agencies can set their own employee salaries instead of following the state's Merit System pay plan?
In a 1988 opinion, Maryland's Attorney General concluded that the Maryland Transportation Authority, Mass Transit Administration, State Highway Administration, and Maryland Port…
Can a Maryland state commission adopt a bylaw requiring a stricter voting majority than the one set in its governing statute?
In a 1988 opinion, Maryland's Attorney General concluded that the Chesapeake Bay Critical Area Commission could not enforce its own bylaw requiring a stricter voting majority than the one the…
Did the 1988 agreement between the Maryland Stadium Authority and the Baltimore Orioles count as the 'long-term lease' state law required before issuing stadium bonds?
In a 1988 opinion, Maryland's Attorney General concluded that the Memorandum of Agreement between the Maryland Stadium Authority and the Baltimore Orioles was a binding 'long-term lease' under state…
Does Maryland's state MBE fraud statute apply to contractors who misrepresent minority-business compliance to WSSC, or only WSSC's own rules?
A 1988 Maryland opinion concluded that the Washington Suburban Sanitary Commission (WSSC), a bicounty agency, is not a 'unit' of the Executive Branch covered by the State Procurement Law, so a…
Can a Maryland city ban parking large trucks in residential areas even though state law regulates parking too?
In a 1988 opinion, Maryland's Attorney General concluded that the City of Rockville had authority to regulate the parking of trucks on private property in residential areas, because the Maryland…
Can a city ban loitering in public places without violating the First Amendment?
In a 1988 opinion, Maryland's Attorney General concluded that Cambridge's loitering ordinance could be applied without violating the Constitution, but only if police read each of its four…
Can a car dealer charge a separate 'documentation fee' on top of the sale price in Maryland?
In a 1988 opinion, Maryland's Attorney General concluded that a car dealer could not charge a financed buyer a separately stated 'seller documentation fee' or 'consumer service charge' under the…
Do Maryland's 1988 dollar caps on crime-victim compensation awards apply to claims that were already pending when the caps took effect?
A 1988 Maryland opinion concluded that all of Chapter 250's amendments to the Criminal Injuries Compensation Act, including its new dollar caps on disability and medical-expense awards, apply…
Can Maryland's legislature cap a state manager's salary through budget bill language instead of a separate law?
In a 1988 opinion, Maryland's Attorney General concluded that the General Assembly could validly cap executive management salaries through Budget Bill language rather than separate legislation,…
Can a Maryland county require its circuit court to follow county purchasing rules, including a minority-business contracting program?
In a 1988 opinion, Maryland's Attorney General concluded that subjecting the Circuit Court for Prince George's County to the county's budget, fiscal, and purchasing laws, including its Minority…
Can a Maryland county liquor board fine a bar for breaking liquor laws even if no one was criminally convicted?
In a 1988 opinion, Maryland's Attorney General concluded that the Montgomery County Board of License Commissioners could impose administrative sanctions, including fines, on alcoholic beverages…
Can a state aviation authority give one taxicab company the exclusive right to pick up passengers at the airport?
In a 1988 opinion, Maryland's Attorney General concluded that the State Aviation Administration could require taxicabs to hold a concession contract before picking up passengers at BWI Airport, and…
Is a Maryland 'covenant not to encumber' real estate subject to recordation tax, and can it even be recorded?
A 1988 Maryland opinion concluded that a covenant not to encumber or convey real estate, a borrower's promise not to sell or mortgage property while a debt is outstanding, creates no security…
Does serving as a court-appointed special master count as 'employment' that cuts into a retired Maryland judge's pension?
A 1988 Maryland opinion concluded that a retired judge who accepts appointment as a court special master has accepted 'employment' under Article 73B, §56(c)(1), because the court controls the…
Did Maryland properly suspend Governor Harry Hughes's state pension while he served as Governor?
A 1988 Maryland opinion concluded that suspending former Governor Harry Hughes's Employees' Retirement System allowance during his term as Governor was proper under Article 73B, §11(12), and that…
Could Maryland voters petition to referendum just the handgun ban part of a 1988 law that also protected gun makers from lawsuits?
In a 1988 opinion issued during the Saturday Night Special referendum fight, Maryland's Attorney General concluded that the handgun ban and the strict liability repeal in Chapter 533 were not…
Can a Maryland home rule county create a private lawsuit remedy for improper vehicle towing?
In a 1988 opinion, Maryland's Attorney General concluded that Montgomery County had authority under the Express Powers Act to create an express private right of action, including a treble damages…
Can someone be convicted of a lesser crime if the charging document only listed the greater offense?
In a 1988 opinion, Maryland's Attorney General concluded that a charging document did not need to separately spell out a lesser included offense as long as it clearly alleged every element and…
Does Maryland's Homeowners Association Act apply to condominiums and co-ops?
In a 1988 opinion, Maryland's Attorney General concluded that the Homeowners Association Act did not apply to ordinary condominiums or cooperatives, only to the rare ones that were also part of a…
Can a state law stop a mortgage lender from collecting interest in advance at closing?
In a 1988 opinion, Maryland's Attorney General concluded that a Maryland statute barring lenders from collecting advance 'odd days' interest on first mortgage loans was preempted by a federal law…
Can a Maryland town's zoning ordinance require a county to get town approval before building a public facility inside town limits?
In a 1988 opinion, Maryland's Attorney General concluded that Poolesville could not amend its zoning ordinance to require Montgomery County to get town Planning Commission and town board approval…
Could Maryland's Advisory Council for Handicapped Individuals tell lawmakers it disagreed with the Governor on a bill?
In a 1988 opinion, Maryland's Attorney General concluded that the State Advisory Council for Handicapped Individuals had to route legislative disagreements through the Governor's Legislative Office…
Can a Maryland town condemn land owned by the county to build a sewage treatment site?
In a 1988 opinion, Maryland's Attorney General concluded that the town of Berlin could not condemn a tract of county-owned land for a sewage disposal site, because the condemnation statute's use of…
Can Maryland discipline a secondary mortgage loan licensee for violating mortgage-broker conduct rules when the licensee makes a first-lien mortgage loan?
A 1988 Maryland opinion concluded that the Commissioner of Consumer Credit cannot directly enforce the mortgage banker/broker statute and Code of Conduct against a Secondary Mortgage Loan Law (SMLL)…
Can a Maryland public school district let students from private religious schools use a public science center?
In a 1988 opinion, Maryland's Attorney General concluded that Prince George's County's Board of Education could constitutionally open the Howard B. Owens Science Center, including its pre- and…
Can the family of a police officer with a pre-existing heart condition still get the line-of-duty death benefit?
In a 1988 opinion, Maryland's Attorney General concluded that the $25,000 statutory death benefit for a law enforcement officer who 'is killed or dies in the performance of duties' was payable even…
Can dealers at a charity casino night legally keep tips from players in Maryland?
In a 1988 opinion, Maryland's Attorney General concluded that dealers and other attendants at nonprofit-run casino nights in Prince George's County could not accept tips from patrons, because doing…
Can a state agency adopt a technical handbook as a regulation without printing the whole document in the Maryland Register?
In a 1988 opinion, Maryland's Attorney General concluded that a technical handbook adopted to set soil-erosion and sediment-control standards was itself a 'regulation' under the Administrative…
Can a Maryland Class D liquor license holder run the bar in one building and a package goods store in a separate building on the same property?
In a 1988 opinion, Maryland's Attorney General concluded that a Class D beer, wine, and liquor license authorized package goods sales only in the same building as the licensed bar or restaurant, so…
Who has the power to postpone an election if a snowstorm keeps the polls from opening?
In a 1988 opinion, Maryland's Attorney General concluded that no election official could move an election date because of bad weather, but the Governor could declare a weather emergency and suspend…
Does Maryland's Domestic Violence Act still protect a victim if the abuser has since moved out of the house?
In a 1988 opinion, Maryland's Attorney General concluded that a spouse, parent, stepparent, child, stepchild, or blood relative who abused another such relative while living together qualified as a…
How much discretion did Maryland's Chesapeake Bay Critical Area Commission have to interpret its own local program criteria?
In a 1988 opinion, Maryland's Attorney General concluded that the Chesapeake Bay Critical Area Commission had no discretion to vary from criteria written in mandatory terms like "shall" or "may…
Can a Maryland town remove part of its own territory through a charter amendment?
In this 1987 opinion, the Attorney General concluded that a Maryland municipality most likely has authority under the Municipal Home Rule Amendment to detach part of its own territory by amending…
Can a public library charge fees for things like computer searches, video rentals, or overdue books?
In this 1987 opinion, the Attorney General concluded that Maryland public libraries generally had to provide free access to their information resources no matter the format (books, videocassettes,…
Was Maryland's long-running Homeowner's Tax Credit, capping assessment jumps above 15%, actually unconstitutional?
In this 1987 opinion, the Attorney General reaffirmed a decade-long position that Maryland's Homeowner's Tax Credit, which capped property tax assessment increases above 15% each year, violates…
Can a Maryland state prosecutor also serve as a special assistant state's attorney for a different county without giving up their regular job?
In this 1987 opinion, the Attorney General concluded that Assistant and Deputy State's Attorneys, Assistant and Deputy Attorneys General, and Assistant and Deputy State Prosecutors are not public…
Can a mortgage lender force a borrower to use the lender's own attorney for the title exam?
In this 1987 opinion, the Attorney General concluded that a Maryland mortgage lender could require a borrower to pay for legal services connected to the loan, including a title examination performed…
Can a Maryland county use its own licensing rules or zoning restrictions to control where state-licensed child care homes can operate?
In this 1987 opinion, the Attorney General concluded Maryland's Juvenile Services Agency licensing scheme had fully preempted county authority to license or use zoning to control where…
In Maryland child support cases, can a non-lawyer caseworker sign the court paperwork to withhold a parent's wages, or does the circuit court clerk have to handle the paperwork instead?
In this 1987 opinion, the Attorney General concluded that a support enforcement agency's motion or request for an earnings withholding order must be signed by an attorney representing the agency,…
Can a state ethics board investigate and discipline a police officer, or does the Law Enforcement Officers Bill of Rights take over instead?
In this 1987 opinion, the Attorney General concluded that Maryland's State Ethics Commission could investigate State law enforcement officers for violations of the Public Ethics Law, but that any…
Can a state require someone to live there for a year before letting them become a notary public?
In this 1987 opinion, the Attorney General concluded that Maryland's one-year residency requirement for notaries public was constitutional, holding that it survived rational-basis review under the…
Did Maryland need a new law to start letting the state pay, or 'pick up,' employees' pension contributions tax-free in the 1980s?
In this 1987 opinion, the Attorney General concluded that a 1986 law required the General Assembly, not just the Board of Trustees, to enact implementing legislation before Maryland's employer…
Who counts as a qualified voter for signing a Maryland town's annexation referendum petition: someone registered before the vote, or anyone who registers in time?
In this 1987 opinion, the Attorney General concluded that under Article 23A, §19(g), a person who meets a municipality's voter qualifications at the time a referendum petition is presented for…
Does Maryland's crime victims compensation fund pay for disfigurement or scarring alone?
In this 1987 opinion, the Attorney General concluded Maryland's Criminal Injuries Compensation Board could award compensation for disfigurement alone if it caused serious financial hardship, could…
Does charging sales tax on the paper and ink used to print a free community newspaper violate freedom of the press?
In this 1987 opinion, the Attorney General concluded that Maryland's retail sales tax, which taxes the materials used to produce free publications while taxing the final sale price of publications…
Did Maryland's prepaid dental plans have to follow the general Insurance Code, or just their own special dental-plan law?
In this 1987 opinion, the Attorney General concluded that prepaid dental plans licensed under Subtitle 42 of Article 48A were insurers generally subject to the rest of Maryland's Insurance Code,…
Could Maryland's Racing Commission let a track hold Arabian horse races with betting in 1987, and did it need to write new regulations first?
In this 1987 opinion, the Attorney General concluded that Maryland's Racing Commission had authority under its original 1920 licensing statute to permit Arabian horse racing with wagering at a…
Can a Maryland hospital association publish reports on doctors' practice patterns using ID numbers instead of names?
In this 1987 opinion, the Attorney General concluded a hospital association's report analyzing physician practice patterns across hospitals, using confidential ID numbers rather than names, did not…
When Maryland expunges a driver's record, can the MVA still keep a hidden copy on file, and can a hearing officer look at someone's alcohol-related probation before judgment?
In this 1987 opinion, the Attorney General concluded that a driving record the MVA is required to expunge must be completely removed from inspection by anyone, including the MVA and other government…
Can Maryland's legislature fix a town's mistaken boundary description from decades ago, or does the town have to do it itself?
In this 1987 opinion, the Attorney General concluded the Maryland General Assembly could not amend Highland Beach's 1922 act of incorporation to correct its boundary description, because the Home…
Can a Maryland savings bank develop real estate through a limited partnership?
In this 1987 opinion, the Attorney General concluded a Maryland-chartered mutual savings bank could engage in real estate development activities to the same extent as a federal savings bank, but…
When does a Maryland home seller have to give homeowners association fee and rule disclosures to a buyer, and can a buyer waive that right?
In this 1987 opinion, the Attorney General concluded a home seller had to obtain and disclose known HOA fee and rule information to the buyer before the contract was formed, not later, that a…
Could Maryland's Racing Commission let one track take telephone bets on a race running at a different track in 1987?
In this 1987 opinion, the Attorney General concluded that Maryland's telephone-betting statute authorized the Racing Commission's proposed regulation letting one licensed track accept and wire bets…
Can a court-appointed standing examiner in Maryland also serve on a Judicial Nominating Commission?
In this 1987 opinion, the Attorney General concluded that a standing examiner appointed by a Maryland circuit court does not hold a public office, so the person could serve on a Judicial Nominating…
Can a Maryland court hold a hearing before releasing someone committed after an insanity finding?
In this 1987 opinion, the Attorney General concluded that a Maryland court could hold a hearing on the Department of Health and Mental Hygiene's application to conditionally release someone…
Does a state agency have to go through formal rulemaking to adopt a workplace smoking policy?
In this 1987 opinion, the Attorney General concluded that the smoking policy guidelines each Maryland executive agency was required to adopt under a gubernatorial executive order fell within the…
If I pay off my credit card balance within the grace period, can the issuer still charge me a finance charge for the previous billing period?
Yes, according to this 1987 opinion. The Attorney General concluded Maryland's open-end credit statute lets a credit grantor assess a finance charge on a balance carried over from an earlier billing…
Could Maryland's Motor Vehicle Administration let someone keep driving to work instead of fully suspending their license in 1987?
In this 1987 opinion, the Attorney General concluded that the Motor Vehicle Administration has authority under §§16-205 and 16-206 of the Transportation Article, together with its general…
If a state employee gets a credit card through a state-arranged travel program, is the state liable for the employee's charges?
No, according to this 1987 opinion. The Attorney General concluded that because the credit card would be issued in the individual employee's name, with the employee alone applying for and being…
Could Maryland voters force a referendum to block the Camden Yards stadium financing legislation?
No, according to this 1987 opinion. The Attorney General concluded that the Camden Yards stadium legislative package, including its financing chapter, was an "appropriation for maintaining the State…
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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.