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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Were flavored malt beverages taxed and licensed as beer or distilled spirits under the Maryland statutes examined in 2008?
Under the Maryland statutes and product formulations examined in 2008, the Attorney General classified flavored malt beverages as distilled spirits for tax and licensing purposes. The opinion said…
Could Gaithersburg prohibit requests for work or donations in roadways, sidewalks, and parking areas?
The Attorney General concluded that Maryland vehicle law preempted the parts of Gaithersburg's ordinance concerning conduct in the roadway. The surviving restrictions on solicitation in vehicles,…
Could Maryland tax private development or charge impact fees inside an exclusive federal enclave?
The Attorney General said private property interests in an exclusive federal enclave could be taxed only to the extent federal law waived immunity and Maryland law imposed the tax. An enhanced-use…
Can Maryland State Police charge a share of its overall helicopter operating costs, not just direct medical-flight costs, to the state's medevac fund?
The Attorney General concluded that the Department of State Police's practice of charging the Maryland Emergency Medical System Operations Fund for a percentage of its overall helicopter operating…
Could one Maryland State university sue another over a duplicative degree program or appeal the higher education commission's decision?
Generally no under the law the opinion analyzed. The Attorney General said a State university could not sue another State institution in circuit court over program duplication or equal educational…
Can an out-of-state bank with no Maryland branch hold trust accounts for Maryland lawyers?
The Attorney General concluded that a financial institution located entirely outside Maryland and its neighboring jurisdictions, such as a federal savings association headquartered and branched only…
Did Maryland's Ethics Commission have to identify all financial-disclosure filers and review every filing each year?
The Attorney General said the Ethics Commission was chiefly responsible for identifying certain executive-branch officials who had to file, using agency information; it had a narrower role for…
Did Maryland's 2007 State living-wage procurement law apply to Anne Arundel Community College?
The Attorney General agreed that Anne Arundel Community College's procurement contracts were outside the 2007 State Living Wage Law because the college was not a unit governed by the general State…
Could Baltimore require religious accommodation in multifamily housing without State or federal preemption?
The Attorney General agreed with the City Solicitor that a proposed Baltimore ordinance requiring reasonable accommodation of religious practices in multifamily dwellings was not preempted by State…
Could a Baltimore County auditor inspect student residency records to review school enrollment policy?
The Attorney General concluded that Baltimore County's auditor could not inspect student residency files solely to evaluate the school board's proof-of-residency policy. The auditor could inspect…
Could Brunswick use water and sewer connection fees for routine treatment-plant operating costs?
For Brunswick's existing financing agreements, sewer connection fee revenue was dedicated to debt service and unavailable for operating costs. The Attorney General also said connection fees under…
Did a Maryland District Court judge have to pause a jail sentence while the defendant appealed?
No. The Attorney General concluded that a District Court judge could grant release and stay imprisonment during an appeal, but did not have to. A defendant denied a stay could ask the circuit court…
Could Maryland raise compulsory school attendance to age 18 only in Prince George's County?
Yes. The Attorney General agreed that the General Assembly could raise compulsory school attendance from age 16 to 18 and limit the change to Prince George's County, provided the county-specific…
Could a Maryland campaign committee make an unlimited payment for a political party's routine administrative costs?
No. The Attorney General concluded that a campaign finance entity could spend its funds only for electoral purposes. Earmarking a payment to a party solely for ongoing administrative expenses…
Could a statewide Maryland health information exchange share records without special patient authorization?
Yes, under the Maryland law examined in 2007. A health information exchange could share records for care, payment, and other permitted purposes without the Act's special patient authorization if…
What did Maryland's 2007 absentee ballot oath need to say after the State's early-voting court decision?
The Attorney General said the oath then used for absentee ballots should track the Maryland Constitution by asking voters to affirm that they would be absent or unable to vote in person on election…
Could Maryland agencies use construction-manager-at-risk contracts under State procurement law?
Yes, under the 2007 law examined. The Attorney General said construction manager at risk was a project-delivery method the State could use if it selected the manager through an authorized…
Could Maryland's Parole Commission forbid an offender from contacting the offender's own child?
The Attorney General said the Parole Commission could not independently impose a no-contact condition between an offender and the offender's own child unless a court had already done so. It could…
Could Maryland Transportation Authority police patrol MARC trains and the Amtrak stations they used?
Yes, within Maryland. The Attorney General concluded that a 2004 executive order extending Transportation Authority Police jurisdiction to transportation assets covered MARC trains and stations…
Did an unpaid Maryland Bay Restoration Fee automatically become a property lien collectible at tax sale?
No. The Bay Restoration Fund statute, enacted in 2004, did not itself create a real-property lien. An applicable local or other law might cover the fee if it expressly reached charges beyond water…
Can the public get a mug shot from a Maryland police department under the Public Information Act?
Maryland's Attorney General concluded that a booking photo (mug shot) held by a police department is not the kind of protected criminal history record information that must be kept confidential. It…
Which Bowie ethics-commission records had to remain confidential?
The Attorney General found Bowie's advisory-opinion and complaint disclosure provisions consistent with State ethics law. Under the Public Information Act rules examined, the subject's identity had…
When does a small ownership stake link a Maryland alcohol wholesaler to a nonresident dealer strongly enough to bar a permit?
For the two structures presented, the AG agreed that a collective 5.6% stake in the nonresident dealer held by the proposed wholesaler's owners was prohibited, while a sole 0.33% stake was too small…
If eligible tenants decline extended leases during a Maryland condominium conversion, must the developer offer leases to others?
Yes under the condominium conversion provisions examined in 2006. The AG said the developer had to notify every tenant and process eligible households seeking extended leases; the 20% limit capped…
Which interest rate applied when Maryland reduced a pension for service transferred from a noncontributory plan?
The AG said the receiving contributory system should use its regular interest rate, the rate it credits to member contributions, when calculating the hypothetical contributions and interest used to…
Who approved and audited spending in Maryland's victim and witness protection program in 2006?
The State's Attorneys' Coordinator approved individual prosecutors' program expenditures; GOCCP checked authorization, apparent program fit, and budget limits without revisiting those approvals. The…
Did Maryland's Tort Claims Act protect a private lawyer volunteering for a public defender client?
Yes, if the attorney represented an eligible public defender client through a formal volunteer program or had been formally recognized as a volunteer before assignment. The AG said the lawyer then…
Could the Washington Suburban Sanitary Commission keep its minority-business contracting program after the authorizing law expired?
No. The AG said WSSC should not continue its race- and gender-conscious MBE contracting program after its statutory authority expired, even under a temporary new name. It could conduct MBE outreach…
Could Maryland deny an alcohol dealer permit because the applicant might buy a wholesaler later?
No. The AG said the Comptroller could not deny a qualifying nonresident dealer permit solely because the applicant might later acquire a Maryland wholesaler. If the dealer later gained a…
Could a Maryland county apply special-exception zoning rules to a public charter school in a privately owned building?
Yes if the charter school's facility was neither owned nor leased by a State entity such as a local board of education. The AG said county zoning could then require a special exception or…
Can a Maryland county charge property owners a stormwater management fee, and is it legally a fee or a tax?
It can be either, according to the opinion. The statute lets a county or municipality set up a stormwater management 'system of charges' as a regulatory fee, a tax, or a combination of both, and…
Could Montgomery County's inspector general require a performance audit of its school board without the board's consent?
No for a performance audit without the board's agreement. The AG said Montgomery County could use its inspector general for a financial audit of school board accounts, but a performance audit…
Could Maryland collect an inmate's DNA if the inmate's earlier qualifying sentence had ended but they were still in custody for another offense?
Yes under the DNA statute the Attorney General interpreted in 2006. The inmate did not have to be serving a sentence for the qualifying offense when sampled. The opinion did not separately decide…
Could appointed Prince George's County school board members run for the elected board without resigning in 2006?
Yes. The Attorney General agreed that, once the new statute took effect on July 1, 2006, appointed Prince George's County school board members could seek seats on the elected board without resigning…
Could Maryland pay for transportation at a religious organization's Baltimore convention without violating the Establishment Clause?
The Attorney General said Maryland could fund transportation services for the National Baptist Congress of Christian Education through a grant confined to that purpose and monitored for compliance.…
Could federal legal work in Maryland satisfy the ten-year practice requirement for Maryland Attorney General without ten years in the Maryland Bar?
The Attorney General said authorized federal legal work on Maryland matters could count toward the constitutional ten-year practice requirement even before admission to the Maryland Bar. The Court…
Could Prince George's Community College set in-county tuition for undocumented local graduates without new Maryland legislation?
No under the law the 2006 opinion reviewed. The Attorney General said the college's trustees lacked authority to grant in-county tuition to the proposed group of undocumented local graduates, even…
Could Maryland's child-support agency revoke a work-restricted license if a parent still owed support?
No under the statutes the 2006 opinion examined. The Attorney General said the Child Support Enforcement Administration could seek suspension for delinquent support, but had no authority to request…
Does a misdemeanor conviction from another state count against you under Maryland's firearms disqualification law?
The opinion concluded that an out-of-state misdemeanor conviction disqualified a person from possessing a regulated firearm in Maryland if the offense would be classified as a misdemeanor with a…
Was a Maryland poker tournament with prizes illegal gambling if everyone could enter for free?
No, if entry was genuinely free at every level. The Attorney General said poker and prizes supplied the chance and reward elements of gambling, but the tournament described was not illegal gambling…
Could Maryland sell prison-made clothing through inmate commissaries without violating the ban on open-market sales?
Yes for the arrangement reviewed in 2006. The Attorney General said an inmate-only commissary was not the open market, and the statute separately allowed prison-made goods to be sold to a contractor…
Could a Maryland orthopedic group refer patients to MRI scans on its own leased machine if the referring doctor supervised them?
No for the group-practice MRI arrangement the 2006 opinion addressed. The Attorney General adopted an attached advice letter concluding that direct performance or supervision did not make the…
Does a Maryland condo conversion purchase offer have to state a price, and what happens if it does not?
Yes. The Attorney General said the purchase offer sent with a condominium-conversion notice had to name a specific price for the tenant's unit. If it did not, the tenant's minimum 180-day period to…
Could a Maryland school board lease school land to a private business for 99 years in exchange for cash and other land?
No for the Harford County proposal reviewed in 2006. The Attorney General agreed that the board's proposed 99-year lease to a private commercial user was inconsistent with its duty to hold school…
Could Maryland's energy office legally move money from a fund set up to make low-interest loans for community energy efficiency projects into a separate fund used to make loans to state agencies?
No, not without further legislative action. The opinion concluded that money appropriated to the Community Energy Loan Program (CELP) Fund could only be spent for CELP's statutory purposes, so the…
Could a Maryland health care agent arrange voluntary psychiatric admission for someone who could not request it personally?
Yes, but only under conditions the 2006 opinion specified. The agent needed authority under an effective advance directive and had to monitor the patient's treatment and retention; the facility…
Can a Maryland city charge property owners and businesses a 'street utility fee' based on how much traffic they generate, to pay for street maintenance, without getting the state legislature's permission first?
No, not without state authorization. The opinion concluded a municipal 'street utility fee,' based on projected traffic generated by a property's use rather than actual consumption of a service or…
Were Maryland retiree health benefits vested like pensions, and did GASB 45 change the State's legal duties?
In 2005, the Attorney General concluded that Maryland law required health benefits and subsidies for certain retirees but did not make them vested contractual rights like pensions, so the General…
Could a Maryland candidate chair another candidate's political committee?
A candidate could chair their own campaign finance entity. For another political committee, the 2005 law was ambiguous: the AG called the State Board's practice of permitting a chair without general…
How did Maryland assess whether its public universities had dismantled the effects of past segregation?
In 2005 the AG advised a four-step review: ask whether a policy traces to past segregation, still has segregative effects, serves a sound educational purpose, and could feasibly achieve that purpose…
Could Maryland remove a voter after a returned confirmation notice and two general elections without voting?
Yes under the procedure the AG analyzed in 2005. The AG said federal voter-registration law required Maryland to follow a confirmation-notice and two-general-election process for certain address…
Could Maryland pay its 2006 malpractice premium subsidy if an insurer kept the same approved rate?
Yes under the 2005 law the AG analyzed. Although a literal reading of the word “initial” would have denied a 2006 subsidy where an insurer did not change its approved rate, the AG said that word was…
Could a Maryland mortician transfer a funeral-home license to an LLC they owned alone?
No under the 2005 Morticians Act. The AG said the Board could not transfer an individual mortician's license to an LLC, even one solely owned and managed by that mortician, and an unlicensed LLC…
What arrest powers did National Security Agency police have under Maryland law outside NSA jurisdiction?
Most of the Criminal Procedure provisions the delegate identified did not directly cover NSA officers. The AG said a provision for federal law enforcement applied within NSA territory; outside it,…
Could a Maryland bank loan officer fill in a computer-generated mortgage form without practicing law?
Yes on the described facts. The AG said a nonlawyer could use a computer to generate and complete a standard mortgage form by inserting factual information into its blanks, without drafting legal…
Did a Maryland political party have to register as a lobbyist when it talked with officials or voters about policy?
Generally no. The AG said a recognized political party did not have to register as a lobbyist because it communicated with officials, and election-related communications to voters fell under…
Did Queen Anne's County have to connect vacant Kent Island lots when extending sewers to homes with failing septic systems?
For vacant lots along a sewer line inside the defined service area, yes: the county had to provide connectors even though State funding focused on developed properties. It could omit feasible…
If a newspaper files a Public Information Act request for a Maryland fire department's ambulance dispatch record, does the medical information in that record have to be released, and can a parent whose parental rights were legally terminated authorize its release?
The medical details must be withheld, but the identity of who was transported can be released. The opinion concluded a Fire Department ambulance dispatch record is not a 'medical record' under…
Did nesting a retirement community’s residential condominium inside a master condominium defeat residents’ right to terminate developer contracts?
No, on the facts described. RP §11-133 applied to both condominiums, but residential owners lacked the votes to control the master council’s use of its termination right. The vendor had to disclose…
Could a Maryland doctor bill an HMO patient a separate malpractice insurance surcharge?
No. The AG said a physician's separate malpractice-insurance surcharge to an HMO member was prohibited balance billing for covered services, apart from charges allowed by the HMO plan such as…
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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.