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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Was it constitutional for Maryland to give a big property tax break to an all-male country club like Burning Tree?
In this 1983 opinion, the Maryland Attorney General concluded that a state law giving country clubs a preferential property tax assessment, while exempting single-sex clubs like Burning Tree Country…
Could Maryland law block a foreign bank like Allied Irish Banks from taking control of a Maryland bank holding company?
In this 1983 opinion, the Maryland Attorney General concluded that a Maryland statute flatly barring a foreign bank from becoming a bank holding company could not constitutionally be applied to…
Can a Maryland condo board control what an owner does with a patio or balcony, and who has to maintain it?
In this 1983 opinion, the Maryland Attorney General concluded that a condominium board could reasonably control the appearance of limited common elements like patios and balconies and had to insure…
Could a Maryland county amend its charter to require a municipality's consent before county laws applied inside that town?
In this 1983 opinion, the Maryland Attorney General concluded that a newly enacted state law, Chapter 398 of the Laws of Maryland 1983, permitted a charter county to amend its charter so that county…
Could Baltimore City's legislative delegation take back its approval of a city borrowing plan once it had already voted to approve it?
In this 1983 opinion, the Maryland Attorney General concluded that the Baltimore City Delegation to the General Assembly could rescind its approval of a proposed city debt or credit measure any time…
Can a Maryland small business recover its attorneys' fees if a state agency sues it or files a complaint against it without a good reason?
In this 1983 opinion, the Maryland Attorney General concluded that under the Small Businesses Litigation Expenses Act, a small business (including a sole proprietorship, but not a nonprofit) that…
Could a Maryland retailer switch an existing revolving credit account to the new, less-regulated 1983 credit law just by giving customers notice?
In this 1983 opinion, the Maryland Attorney General concluded that a retailer could convert an existing open-end account governed by the Retail Credit Accounts Law into a new, less restrictive…
Did Maryland charge sales tax on prescription pet food and flea and tick products sold by veterinarians?
In this 1983 opinion, the Maryland Attorney General concluded that prescription diet foods and flea and tick powders and sprays for dogs and cats, whether sold by a veterinarian to a pet owner or…
Could a Maryland county school board require school buses to meet safety specifications stricter than the state's minimum standards?
In this 1983 opinion, the Maryland Attorney General concluded that a county board of education, acting as a purchaser of school bus transportation services rather than as a regulator, could include…
Did Maryland courts have the power to award joint custody of children in a divorce before the legislature passed a specific joint-custody law?
In this 1983 opinion, the Maryland Attorney General concluded that Maryland's equity courts already had inherent power, without any specific statute, to award joint or "shared" custody of children…
What did prosecutors have to prove before a Maryland court would admit a DUI blood or breath alcohol test result?
In this 1983 opinion, the Maryland Attorney General concluded that the State had to introduce evidence that a blood or breath alcohol test was administered by a qualified person, that the equipment…
Can an indigent Medicaid crime victim get money from Maryland's Criminal Injuries Compensation fund to cover unpaid hospital bills they never actually owe?
In this 1983 opinion, the Maryland Attorney General concluded that an indigent Medicaid recipient injured by a crime was not eligible for a Criminal Injuries Compensation award covering the balance…
Could a Maryland county force its school board to forfeit unspent school construction money after three years, under a county charter rule?
In this 1983 opinion, the Maryland Attorney General concluded that a Harford County Charter provision requiring capital project appropriations to be treated as abandoned after three fiscal years…
Could a Maryland state agency stop a handicapped employee, such as one with epilepsy or alcoholism, from driving on the job even though the state hadn't revoked their driver's license?
In this 1983 opinion, the Maryland Attorney General concluded that a state agency's antidiscrimination obligations did not require it to permit an employee with epilepsy or alcoholism to drive on…
Could a newly elected Maryland county treasurer fire the office employees hired by the previous treasurer?
In this 1983 opinion, the Maryland Attorney General concluded that a newly elected Cecil County Treasurer, as the statutory "appointing authority," generally had the power to dismiss employees…
Does the Maryland Port Administration have to go through formal rulemaking before it can raise its tariff of charges at marine terminals?
In this 1983 opinion, the Maryland Attorney General concluded that a Maryland Port Administration tariff for marine terminal services was not a "rule" under the state Administrative Procedure Act,…
Did Maryland prosecutors have to prove a driver was actually driving unsafely to convict them of DUI, or was proof of intoxication itself enough?
In this 1983 opinion, the Maryland Attorney General concluded that proof of unsafe vehicle operation was not a required element of driving while intoxicated or driving while under the influence of…
Could Maryland's health department require asbestos removal contractors to meet an indoor air cleanliness standard in 1983?
In this 1983 opinion, the Maryland Attorney General concluded that the Department of Health and Mental Hygiene had statutory authority, under both the State Air Quality Act and the asbestos removal…
Did Maryland police have to tell a drunk driving suspect every possible consequence of refusing a breath test, or just the basic penalty?
In this 1983 opinion, the Maryland Attorney General concluded that the standard police advice form, DR-15, which told a detained driver only that refusing a chemical alcohol test would result in a…
Could a small Maryland town invest its surplus municipal funds in a money market account?
In this 1983 opinion, the Maryland Attorney General concluded that a town could invest its public funds only in the specific vehicles Article 95, §22 of the Maryland Code authorized: certain federal…
Could a Maryland circuit court clerk who lost re-election still get paid for the days they legally had to stay in office until their successor took over?
In this 1983 opinion, the Maryland Attorney General concluded that Article III, §35 of the Maryland Constitution, which bars extra or increased compensation for public officers, did not prevent a…
Would suspending a driver's license before a hearing, for refusing or failing an alcohol test, have violated due process under two bills the Maryland legislature was considering in 1983?
In this 1983 opinion, the Maryland Attorney General concluded that two then-pending bills authorizing administrative suspension of a driver's license, before a hearing, for refusing a chemical…
Can Maryland insurance companies charge women different rates than men, or does the state Equal Rights Amendment forbid that?
In this 1983 opinion, the Maryland Attorney General concluded that Maryland's Equal Rights Amendment applies only to sex discrimination by the State itself, or by private parties whose conduct is so…
Did a Maryland judicial candidate's five years of state residency have to be the five years right before their election or appointment?
In this 1983 opinion, the Maryland Attorney General concluded that the Maryland Constitution's five-year State residency requirement for judges could be satisfied by any continuous five-year period…
Could a Maryland county require landlords, instead of the county itself, to store an evicted tenant's belongings?
In this 1983 opinion, the Maryland Attorney General concluded that a charter county's home rule and police powers authorized it to enact an ordinance requiring a landlord to store, and eventually…
Could a Maryland court fix an error in a condominium's declaration or plat, like a wrong percentage share of common expenses, without every owner's consent?
In this 1983 opinion, the Maryland Attorney General concluded it was uncertain whether existing equity law let a court correct errors in a condominium declaration or plat, such as a miscalculated…
When residents petitioned to annex their neighborhood into a Maryland town, did they have to pay for the official metes and bounds survey?
In this 1983 opinion, the Maryland Attorney General concluded that residents petitioning to annex their area to a municipality had to provide only a reasonably definite description of the area, not…
If Maryland waives its sovereign immunity and loses a contract lawsuit, can the legislature still refuse to pay by cutting the judgment out of the budget?
In this 1983 opinion, the Maryland Attorney General concluded that although state law let courts enter contract judgments against Maryland and required the Governor to include funds for those…
Can a state legislature take back a petition asking Congress to call a constitutional convention, once it has already sent it?
In this 1983 opinion, the Maryland Attorney General concluded that the General Assembly could constitutionally withdraw its 1975 petition asking Congress to call a constitutional convention on a…
Did every officer of a corporation applying for a Maryland liquor license need to personally own stock in the company?
In this 1983 opinion, the Maryland Attorney General concluded that the individual officers who apply for an alcoholic beverages license on behalf of a corporation or club do not need to personally…
Could a criminal defendant in Maryland claim personal ownership of the trial transcript held by the Public Defender's office?
In this 1983 opinion, the Maryland Attorney General concluded that a trial transcript in the custody of the Public Defender was a public record under the Maryland Public Information Act, not the…
Can Maryland pass a law letting people picket, petition, or hand out flyers inside private shopping malls?
In this 1983 opinion, the Maryland Attorney General concluded that although the First Amendment itself does not give individuals a right to picket or petition on privately owned shopping center…
Can Maryland's legislature let federal block grant money bypass the state treasury and the normal budget process?
In this 1983 opinion, the Maryland Attorney General concluded that federal block grant funds received by the State are "moneys of the State" under the Maryland Constitution, so they must be…
Could a married Maryland woman get a driver's license back in her maiden name without going to court, even after being licensed under her husband's name?
In this 1983 opinion, the Maryland Attorney General concluded that a married woman who had adopted her husband's surname could later obtain a Maryland driver's license in her former name without a…
Can a Maryland trust company combine pension money it manages as trustee with money it only holds as an agent or custodian into one common investment fund?
In this 1983 opinion, the Maryland Attorney General overruled a 1965 opinion and concluded that a trust company acting as a managing agent or custodian for pension trustees is acting in a…
Could Maryland pass a hate crime law adding extra punishment for crimes motivated by racial, religious, or ethnic bias without violating the First Amendment?
In this 1983 opinion, the Maryland Attorney General concluded that a proposed bill imposing extra criminal penalties for otherwise-criminal acts committed because of a victim's race, religion, or…
Could Maryland pass a law making a criminal defendant prove he was insane, instead of requiring the prosecution to prove he was sane?
In this 1982 opinion, the Maryland Attorney General concluded that it would be constitutional for the General Assembly to require a criminal defendant to prove his own insanity, rather than…
Can Maryland bar drug users from state jobs, or would that violate federal disability discrimination law?
In this 1982 opinion, the Maryland Attorney General concluded that the Secretary of Personnel had authority to screen State job applicants for illegal drug use and adopt a rule barring current drug…
Can a Maryland county require condominium boards to hold open meetings, or does the state Condominium Act preempt that kind of local rule?
In this 1982 opinion, the Maryland Attorney General concluded that a Montgomery County ordinance requiring open meetings and specific voting procedures for condominium councils of unit owners was…
When a Maryland historic district commission denies a building permit, how does the appeal process work and how much deference does the reviewing board owe the commission?
In this 1982 opinion, the Maryland Attorney General concluded that the Town of Easton's zoning ordinance, which routes appeals from the Historic District Commission first to the Board of Zoning…
Can a former Maryland state employee who already left the retirement system file late for disability retirement benefits?
In this 1982 opinion, the Maryland Attorney General concluded that only a current member of the Employees' Retirement System, or that member's department head, may apply for accidental disability…
Does changing how an office is filled, or giving it an across-the-board raise, stop a Maryland legislator from later being appointed to it?
In this 1982 opinion, the Maryland Attorney General concluded that a member of the General Assembly would remain eligible for appointment as Insurance Commissioner even if the legislature changed…
Can a Maryland county or town ban or restrict the sale and possession of handgun ammunition?
In this 1982 opinion, the Maryland Attorney General concluded that state law preempts local governments from regulating the possession or sale of handgun ammunition, so neither a proposed Montgomery…
If an insurance company sells a Maryland mortgage to a bank, does the bank suddenly have to start paying interest on the escrow account?
In this 1982 opinion, the Maryland Attorney General reversed a 1975 AG opinion and concluded that when a lender exempt from Maryland's escrow-interest law, such as an insurance company, made a…
Could Maryland bill parents for their child's stay at a state psychiatric residential center (RICA) if the placement was for special education?
In this 1982 opinion, the Maryland Attorney General concluded that if a child was placed in a Regional Institute for Children and Adolescents (RICA) solely for educational reasons, the State could…
Can a city government register its own promotional slogan as a trademark in Maryland?
In this 1982 opinion, the Maryland Attorney General concluded that Baltimore City, and governmental entities generally, qualify as "persons" eligible to register trade and service marks under the…
Can a Maryland town charge every business and profession a local license fee even if the state already licenses them?
In this 1982 opinion, the Maryland Attorney General warned that a blanket town ordinance requiring all businesses and professions to obtain a local license would likely be invalid as applied to many…
Can a Maryland county charter let individual towns opt out of new county laws unless the town asks for them to apply?
In this 1982 opinion, the Maryland Attorney General concluded that a proposed Dorchester County Charter provision, making a countywide local law take effect in an incorporated municipality only if…
Could Maryland cap how much people or corporations give to committees supporting or opposing a ballot question?
In this 1982 opinion, the Maryland Attorney General concluded that Article 33's $2,500 limit on contributions to committees formed to support or defeat a ballot question was unconstitutional,…
If a Maryland judge loses a primary election, how long can they keep serving on the bench afterward?
In this 1982 opinion, the Maryland Attorney General concluded that a Supreme Bench of Baltimore City judge who lost his bid for renomination at the primary election could continue holding office…
Could Maryland's State Board for Community Colleges split a supplemental funding appropriation by a different formula than it uses for the regular annual budget?
In this 1982 opinion, the Maryland Attorney General concluded that the State Board for Community Colleges acted within its statutory discretion when it distributed a special legislative…
Can Maryland change a county's boundary line by letting all voters citywide or countywide decide, or does only the area being transferred get a vote?
In this 1982 opinion, the Maryland Attorney General concluded that a proposed bill to let Takoma Park voters decide whether to unify the city into either Montgomery or Prince George's County was…
Could a Maryland non-home-rule county set up its own deferred-compensation retirement plan for elected officials like commissioners and sheriffs?
In this 1982 opinion, the Maryland Attorney General concluded that Cecil County's Board of County Commissioners had no authority to adopt a deferred compensation plan funded by county-paid annuity…
Could Maryland lawyers pool small client trust funds into interest-bearing NOW accounts to fund legal aid without violating federal banking law?
In this 1982 opinion, the Maryland Attorney General concluded that lawyer trust accounts commingled under a new state law and dedicated to funding the Maryland Legal Services Corporation qualified…
Can a Maryland county give one sport a much lower amusement tax rate than every other sport without violating equal protection?
In this 1982 opinion, the Maryland Attorney General concluded that a proposed Prince George's County ordinance temporarily taxing professional hockey admissions at 0.5% while keeping a 10% rate for…
Who gets to keep the bank interest on state welfare funds handled by the Baltimore City Department of Social Services, the state or the city?
In this 1982 opinion, the Maryland Attorney General concluded that a State directive requiring local social services departments to deposit their funds in interest-bearing accounts and remit the…
Are the Maryland Legal Services Corporation's board members and staff bound by the state's public ethics law?
In this 1982 opinion, the Maryland Attorney General concluded that the newly created Maryland Legal Services Corporation, its board of directors, and its employees were not subject to the Maryland…
Does a Maryland tax evasion conviction disqualify someone from staying registered to vote or running for local office?
In this 1982 opinion, the Maryland Attorney General concluded that a conviction for willfully evading state income tax was an infamous crime under Article 33, section 3-4(c), which meant the…
Can a Maryland farm owner keep clergy, lawyers, health workers, or other visitors away from migrant workers living in an employer-owned labor camp?
In this 1982 opinion, the Maryland Attorney General concluded that migrant farm workers residing in camps provided by farmers or growers had the legal right to receive guests, including clergy,…
Can a Maryland second-mortgage lender charge the borrower for a title examination on top of a title insurance premium?
In this 1982 opinion, the Maryland Attorney General concluded that a savings and loan association making a secondary mortgage loan could require the borrower to pay for a title examination as part…
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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.