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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Can Maryland recover school-construction debt-service payments it made to a county by mistake?
In this 1987 opinion, the Attorney General concluded Maryland's Department of Education had properly stopped paying local school-construction debt service for contracts let after June 30, 1967 and…
After Maryland's 1986 constitutional amendment, must a circuit court clerk's office payroll go through the state Central Payroll Bureau?
Yes, according to this 1987 opinion. The Attorney General concluded that once the 1986 constitutional amendment converted circuit court clerks' offices from fee-funded to State-budget-funded…
Can a Maryland governor pull back a recess appointee's nomination before the Senate votes on it?
In this 1987 opinion, the Attorney General concluded that a Maryland governor may withdraw the Senate nomination of a recess appointee at any time before the Senate acts on it, including a…
Can a nonprofit that receives Maryland state grant money publish a report rating legislators' votes on an unrelated policy issue?
In this 1987 opinion, the Attorney General concluded that Planned Parenthood of Maryland's publication of a report rating legislators' votes on Medicaid abortion funding did not misuse its state…
Could Maryland's old Board of Medical Examiners refuse to renew a doctor's license just because it thought the doctor had violated a disciplinary rule?
In this 1987 opinion, the Attorney General concluded the Board of Medical Examiners could not deny a physician's license renewal or reinstatement based on its own finding that the physician violated…
Can Maryland's Chesapeake Bay Critical Area Commission rewrite its own program development criteria on its own authority?
Only in a limited way, according to this 1987 opinion. The Attorney General concluded that the Chesapeake Bay Critical Area Commission could adopt minor, non-substantive amendments to its program…
Can a Maryland regional planning council keep unspent local government contributions as its own reserve fund?
No, according to this 1987 opinion. The Attorney General concluded the Regional Planning Council could not carry over unspent local government contributions from one fiscal year to the next as a…
Can a government agency require bidders to attend a pre-bid conference or lose their bid?
In this 1987 opinion, the Attorney General concluded that even if a State solicitation labeled attendance at a pre-bid or pre-proposal conference as mandatory, a bidder's failure to attend could not…
Does Maryland's 15-day limit on domestic violence protective orders apply to custody or counseling relief too?
In this 1987 opinion, the Attorney General concluded Maryland's durational limit on domestic violence protective orders, 15 days for an order to vacate the family home, 25 days if the alleged abuser…
Can an unlicensed employee of a Maryland funeral home sell pre-need funeral contracts?
In this 1987 opinion, the Attorney General concluded Maryland's Morticians Act barred anyone who was not a licensed mortician, funeral director, or surviving-spouse licensee from soliciting,…
Does someone charged in Maryland juvenile court with inducing or harboring a truant child have a right to a jury trial?
No, according to this 1987 opinion. The Attorney General concluded that a defendant charged in juvenile court with inducing or harboring a truant child under ED §7-301(e)(1) has no constitutional…
Does Maryland's cap on state land purchases in Garrett County also block the state from buying a conservation easement there?
In this 1987 opinion, the Attorney General concluded that Maryland's statutory ceiling on the Department of Natural Resources acquiring "land" in Garrett County applied only to purchases of…
Can a state withhold part of an employee's paycheck to collect a debt the employee owes the state?
In this 1987 opinion, the Attorney General concluded that Maryland could withhold part of a State employee's wages to offset a debt the employee owed the State, but only after giving the employee…
Does Maryland's legislature have to hold a joint session to elect the State Treasurer?
In this 1987 opinion, the Attorney General concluded that Maryland's Constitution required the House and Senate to combine their votes into one tally to appoint the State Treasurer, that a simple…
Can someone serve in Maryland's House of Delegates while also working as a state university police officer?
In this 1987 opinion, the Attorney General concluded that a University of Maryland police officer holds an 'office of profit' under Article 35 of the Maryland Declaration of Rights, so a newly…
Did the 1986 elimination of mandatory retirement ages under federal age discrimination law mean Maryland judges no longer had to retire at 70?
In this 1986 opinion, the Attorney General concluded that the newly amended federal Age Discrimination in Employment Act, which eliminated the upper age limit for most employees, freed Maryland's…
Does Maryland's Public Information Act require a county ethics commission to release officials' complete financial disclosure statements, including home addresses and gift information?
In this 1986 opinion, the Attorney General concluded that all of the information Calvert County officials and employees were required to submit on the county's ethics financial disclosure form,…
Could Maryland's elevator safety regulator write rules that were looser than the national ANSI elevator safety code, to ease the cost burden on building owners?
In this 1986 opinion, the Attorney General concluded that Maryland's Commissioner of Labor and Industry could adopt regulations supplementing the ANSI elevator safety code and could grant…
Can a Maryland state agency agree to unconditionally indemnify another state for liability arising from a product's manufacture, like a vaccine, without legislative approval?
In this 1986 opinion, the Attorney General concluded that the Department of Agriculture lacked authority to agree to a proposed contract clause requiring it to unconditionally indemnify another…
Could a Maryland car insurance company just declare a policy void and walk away if it believed the driver lied on the application, or did it have to follow a formal cancellation process?
In this 1986 opinion, the Attorney General concluded that an auto insurer suspecting a policyholder of material misrepresentation had to either cancel or refuse to renew the policy through the…
After Tennessee v. Garner, when can a sheriff's deputy or corrections officer use deadly force to stop someone from fleeing arrest or escaping custody?
In this 1986 opinion, the Attorney General concluded that deadly force to make an arrest or stop a pre-trial detainee's escape was constitutional only where an officer had probable cause to believe…
Who is legally allowed to administer the oath of office to a newly elected Maryland State's Attorney: a judge, the clerk of court, or the Governor?
In this 1986 opinion, the Attorney General concluded that the Governor, a circuit court judge, or a circuit court clerk could each administer the oath of office to a Maryland State's Attorney, that…
Are donations and grants held by a state-created nonprofit like the Chesapeake Bay Trust subject to Maryland's regular treasury and budget rules?
In this 1986 opinion, the Attorney General reversed an earlier 1985 opinion and concluded that the Chesapeake Bay Trust was an autonomous activity for fiscal purposes, so its funds were not "moneys…
Could Maryland require state employees and job applicants to take drug tests?
In 1986, the Attorney General concluded that Maryland could not impose indiscriminate urine testing on most state employees and generally needed particularized probable cause. The opinion allowed a…
Can the public find out what's in a Maryland business's tax registration application, or is that information confidential?
In this 1986 opinion, the Attorney General concluded that most information on Maryland's Combined Registration Application, including a taxpayer's identity and finances, was confidential tax return…
Can Maryland reuse land it bought for a canceled highway project to build a different government building instead?
In this 1986 opinion, the Attorney General concluded that land the State originally acquired for a highway project it later abandoned could be used instead to build a Motor Vehicle Administration…
Can the public find out how many complaints have been filed against a specific mortgage company in Maryland?
In this 1986 opinion, the Attorney General concluded that the number and status of consumer complaints filed against a company licensed as a mortgage banker or mortgage broker were disclosable to…
Can Maryland refuse to award state contracts to a company found in contempt of court for violating federal labor law?
In this 1986 opinion, the Attorney General concluded that Maryland's statute barring state contracts to companies found in contempt of court for violating the National Labor Relations Act was…
Can a Maryland town charge a utility company a franchise fee or pole-rental fee if the utility already has a statewide franchise from the State?
In this 1986 opinion, the Attorney General concluded that Potomac Edison held a statewide franchise under Article 23, section 340 to use public streets for its electric lines, that only the State…
Could Maryland's new commercial-insurance backstop pool cover nurse-midwives for malpractice even though the law setting it up said it didn't apply to medical malpractice insurance?
In this 1986 opinion, the Attorney General concluded that Maryland's newly created Commercial Casualty Underwriting Association could issue malpractice insurance specifically to nurse-midwives…
Could Maryland chiropractors legally order blood tests and urinalysis, or was that considered practicing medicine without a license?
In this 1986 opinion, the Attorney General concluded that Maryland's chiropractic scope-of-practice statute permitted chiropractors to use blood tests and urinalysis to help diagnose whether a…
Can the public find out how a Maryland social services agency handled a specific child abuse case, especially after a child has died?
In this 1986 opinion, the Attorney General concluded that records and reports concerning a specific child abuse case are generally confidential under Article 88A, section 6(b) and federal law, but…
Did Maryland political campaign treasurers in the 1980s have to record every small contribution raised through a fundraiser raffle or gaming wheel, not just the big checks?
In this 1986 opinion, the Attorney General concluded that Maryland's Fair Election Practices Act required campaign treasurers to record every contribution regardless of size, including money raised…
Could Maryland send unpaid bills owed to a county health department to the state's central debt collection agency, or were those local debts off limits to a state collector?
In this 1986 opinion, the Attorney General concluded that local health departments were units of the State for debt collection purposes because the State set their health policy, controlled their…
Could a Maryland state agency ask every job applicant whether they had ever been fined, placed on probation, or sent to jail, even for jobs where that history wouldn't matter?
In this 1986 opinion, the Attorney General concluded that Maryland state agencies could ask job applicants about criminal convictions and factor them into hiring decisions, but a blanket question…
Can a hospital get a copy of the recording of a patient's involuntary commitment hearing in Maryland?
In this 1986 opinion, the Attorney General concluded that a tape recording of an involuntary mental health admission hearing could be disclosed only to the patient or the patient's authorized…
Can a Maryland doctor report a patient's medical condition, like seizures or poor vision, to the Motor Vehicle Administration if it might affect their ability to drive safely?
In this 1986 opinion, the Attorney General concluded that Maryland law generally authorizes, but does not require, physicians to report disorders involving lapses of consciousness or loss of visual…
In Maryland, how does a losing candidate or a voter actually get an election recount after a primary or general election?
In this 1986 opinion, the Attorney General summarized Maryland's two recount pathways: a defeated primary candidate must seek a recount under the detailed Subtitle 13 procedure within days of the…
Can a state legally impose a one-time tax on every licensed attorney to fund a mandatory legal malpractice insurance program?
In this 1986 opinion, the Attorney General approved Senate Bill 753 for constitutionality, concluding that a one-time $150 tax on every Maryland attorney to fund the initial surplus of a new…
If a Maryland official holds a testimonial dinner in their honor, do the ticket proceeds count as regulated campaign contributions or as a personal gift?
In this 1986 opinion, the Attorney General concluded that funds given to an official at a testimonial dinner are regulated political contributions under the Fair Election Practices Act, and…
Are 911 emergency call recordings public records that anyone can request in Maryland?
In this 1986 opinion, the Attorney General concluded that tape recordings of calls to Maryland's 911 emergency system were public records generally subject to disclosure under the Public Information…
Can a Maryland town legally install speed bumps on its own streets, and could it get sued if someone is hurt by one?
In this 1986 opinion, the Attorney General concluded that a Maryland municipality has no authority to install speed bumps on State highways within its borders, but may install speed bumps on its own…
If a Maryland board member attends every board meeting but skips the required public hearings, does that count against them under a 60 percent attendance removal rule?
In this 1986 opinion, the Attorney General concluded that the regional public hearings the Chesapeake Bay Critical Area Commission had to hold before adopting program criteria were not "meetings of…
Could Maryland pharmacists legally fill a prescription written by a nurse practitioner instead of a doctor?
In this 1986 opinion, the Attorney General concluded that pharmacists were not prohibited from filling prescriptions properly issued by nurse practitioners, even though the Pharmacy Act's definition…
Could Ocean City, Maryland charge new construction an impact fee to pay for beach restoration, and would it be unconstitutional to charge only new development rather than existing property owners?
In this 1986 opinion, the Attorney General concluded that Ocean City had statutory authority under Article 23A, §2(b)(33)(ii) to impose impact fees on new development to help fund its share of a…
Could a Maryland charter county hire a private company to run its jail and hold custody of inmates, instead of using its own sheriff or county employees?
In this 1986 opinion, the Attorney General concluded that Talbot County could authorize a private contractor to house and care for inmates by ordinance consistent with its charter, while retaining…
Could a Maryland public agency avoid paying prevailing union wages on a big construction project just by hiring a construction manager to split it into many contracts, each under $500,000?
In this 1986 opinion, the Attorney General concluded that Maryland's Prevailing Wage Law's exclusion for 'contracts of less than $500,000' does not apply to a contract that is one stage of a single…
When Maryland got a $36 million share of Exxon's oil overcharge refund in 1986, what could the state legally spend that money on?
In this 1986 opinion, the Attorney General concluded that Maryland's roughly $36 million share of the Exxon oil overcharge refund could be spent only on one or more of five federally designated…
If Maryland's insurance guaranty fund ran out of money to pay claims against a failed insurance company, was the state on the hook to cover the shortfall?
In this 1986 opinion, the Attorney General concluded that the State of Maryland bore no financial liability for claims against the Maryland Insurance Guaranty Association, since the statute funded…
Did Maryland's old MSSIC savings and loan insurer have legal authority to insure each separate account instead of each depositor, and can the legislature undo that after the 1980s Maryland savings and loan crisis?
In this 1986 opinion, issued during Maryland's savings and loan crisis, the Attorney General concluded that MSSIC exceeded its statutory authority in 1976 when it switched from insuring each…
Could Maryland's medical licensing board require physician's assistants to register or be licensed through the board, or could it only regulate what duties doctors delegated to them?
In this 1986 opinion, the Attorney General concluded that Maryland's Board of Medical Examiners had authority under the delegation statute to regulate which duties a physician could delegate to a…
If two-thirds of the states petition for a constitutional convention to propose a balanced budget amendment, can that convention legally be limited to only that one amendment?
In this 1986 opinion, the Attorney General concluded that the validity of Maryland's petition limited to a single balanced budget amendment was questionable, and that even if valid, neither the…
Could Maryland move money out of the Transportation Trust Fund to bail out savings and loan depositors without the legislature passing a new law first?
In this 1986 opinion, the Attorney General concluded that the Governor could transfer certain unanticipated Transportation Trust Fund money to the state's Deposit Insurance Fund Corporation using…
Does a company that leases cars with a purchase option, or a broker who arranges vehicle leases, need a Maryland motor vehicle dealer or salesman license?
In this 1986 opinion, the Attorney General concluded that a vehicle lessor must obtain a Motor Vehicle Administration dealer's license only if the lessor's leases are legally "intended as security"…
Is it illegal in Maryland to use glue traps to kill rats and mice under the state's animal cruelty law?
In this 1986 opinion, the Attorney General concluded that using commercially sold glueboards to kill rats and mice does not necessarily violate Maryland's Cruelty to Animals Law, because the statute…
After the Supreme Court's 1983 abortion trilogy, which of Maryland's abortion laws on parental notice, hospitalization, and recordkeeping were still constitutional?
In this 1985 opinion, applying the Supreme Court's 1983 abortion decisions in Akron, Ashcroft, and Simopoulos, the Maryland Attorney General concluded that Maryland's parental notification statute…
Should Maryland's driver's license penalty points be dated to when a traffic violation happened, or to when the driver was actually convicted?
In this 1985 opinion, the Attorney General concluded that the Motor Vehicle Administration's long-standing practice of dating a driver's license points to the date of the underlying violation was…
If a Maryland legislator switches political parties and then resigns, which party's central committee picks their replacement?
In this 1985 opinion, the Attorney General concluded that under Article III, §13(a) of the Maryland Constitution, the central committee entitled to submit a successor's name to the Governor when a…
Was it constitutional for Maryland to exempt only trucks already titled and registered in the state from its new, stricter truck weight limits?
In this 1985 opinion, the Attorney General concluded that §24-109(a) of the Transportation Article, which exempted vehicles titled and registered in Maryland before December 31, 1983 from the…
Can a Maryland licensing board refuse to let someone take a professional licensing exam just because they live out of state?
In this 1985 opinion, the Attorney General concluded that the Board of Examiners of Nursing Home Administrators lacked the statutory authority to refuse an application to sit for its licensing…
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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.