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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Could Rockville apply its zoning and historic-preservation rules to a county school board's property?
Generally no for the school property described. The AG treated the county board as a State agency for school-property use, exempt from Rockville's zoning, subdivision, and historic ordinances, but…
What handgun locking devices met Maryland's 2002 integrated safety requirement?
The AG said the required device had to be built into the handgun and designed to keep a child or other unauthorized user from readily firing it. The Handgun Roster Board was the agency to decide…
What if Baltimore voters approved two incompatible City Council charter amendments at once?
The AG agreed that two voter-approved City Council amendments that a court could not reconcile would both fail under the charter as it stood. It suggested that a voter-approved conflict rule or…
Under Maryland's 911 Law, can a wireless phone company bill the state's 911 Trust Fund for its own costs of providing enhanced 911 service, or does the fund only reimburse counties?
No automatic right. The opinion concluded that a wireless telephone company is not entitled to recover its enhanced 911 costs from Maryland's 911 Trust Fund, but the Emergency Number Systems Board…
Could Baltimore prosecutors tell neighborhood groups where and when drug search warrants were executed?
Under the 2002 rules, prosecutors could share the address and execution date only if the information was already public or a court ordered disclosure. The AG said a drug-nuisance-abatement case…
After a Maryland county board of education's already-adopted budget turns out to have a much bigger surplus than expected from the prior year, can the county commissioners approve a budget amendment to add that extra local surplus money to school spending mid-year?
No, at least not in Frederick County. The opinion agreed with the County Attorney that a public local law generally bars the Frederick County Commissioners from increasing an already-adopted county…
Could Easton give a town human relations commission subpoena power by ordinance?
Yes. The AG said Easton's municipal police power allowed it to establish a local human relations commission and, by necessary implication, give it subpoena power needed for assigned investigations…
Could Maryland enforce a strict two-year Return/Diversion service limit without rulemaking?
No. The AG said a firm two-year limit on the Return/Diversion program's services needed to be adopted through the Administrative Procedure Act's rulemaking process. It also said such a time limit…
Could Carroll County put a water pipeline in a Sykesville road without the town's consent?
Yes, under the public local law analyzed in 2002, Carroll County could install the pipeline in a Sykesville road right-of-way without town consent. The AG separately said the county's general…
Did Montgomery College need a county historic-preservation work permit for its projects on State land?
No county historic-preservation work permit was required for the two projects described. The AG said they were subject to Maryland Historical Trust consultation under State law, while the Montgomery…
Which Baltimore Ravens costs could be paid from permanent seat license revenues?
The AG said seat-license proceeds could not pay the Ravens' regular stadium operating charges or, ordinarily, the team's own stadium improvements. They could cover the share of an NFL expansion fee…
Did Maryland's child-abuse statute cover sexual intercourse between a stepparent and a 16-year-old stepchild who consented?
The AG concluded that sexual intercourse between a stepparent and a minor stepchild was child abuse under the statute analyzed in 2001. The child's consent did not change that conclusion, and no…
Could a Maryland pharmacist change a doctor's prescription under an institutional medication protocol?
Under the 2001 law, the AG said an inpatient pharmacist could dispense under an institutional protocol but could not start, modify, or stop drug therapy beyond a prescriber's directions. The…
Could a Maryland public library include or exclude a reading-program coupon with a Bible reference?
The AG concluded that including the coupon would not have violated the Establishment Clause. Because facts about the reference's removal were disputed, it treated the speech question as one about…
Could Ocean City separate minors from adults at dance clubs without violating Maryland's age-discrimination law?
The AG concluded that a municipality could set reasonable dance-club admission limits to separate minors from adults for the protection of minors. Such limits would not be preempted by the state…
Could Maryland's corrections agency disclose an inmate's projected mandatory-supervision release date?
The AG said the Division of Correction could reasonably interpret the inmate-record confidentiality law as allowing disclosure of a projected mandatory-supervision release date. It left the agency…
Could Maryland suspend a dry cleaner's business license for unpaid Uninsured Employers' Fund obligations?
Yes, under the law the AG analyzed in 2001. The Comptroller could suspend the license for required payments owed to the Uninsured Employers' Fund, even though the license mainly raised revenue. The…
Could Maryland's People's Counsel join a regional electricity-market operator without exposing the state to major liability?
The AG said the Office of People's Counsel could join the regional electricity operator as an ex officio member if its operating agreement was amended as proposed to exempt state consumer advocates…
Could a Maryland jail hold someone longer because they had not paid a criminal fine?
The AG said a court could impose additional confinement in lieu of an unpaid criminal fine only after examining the person's ability to pay and within statutory and constitutional limits. The…
Could Maryland Comptroller field agents use police powers to enforce sales or income tax laws?
The AG said the Comptroller could assign Field Enforcement Division employees to help administer sales and income tax laws. Those employees could not use peace-officer powers for those laws because…
Could a Maryland doctor name an alternate supervisor for a physician assistant in a nonhospital practice?
Under the law analyzed in 2001, the AG concluded that a physician in a nonhospital setting could not name alternate supervisors in a physician assistant's delegation agreement. A covering physician…
Can a Maryland county without home rule, like Somerset County, borrow money and issue general obligation bonds to pay for landfill improvements without getting separate permission from the state legislature each time?
Yes. The opinion concluded that Article 25, §14A already gives county commissioners in a non-home-rule county like Somerset County the authority to borrow funds for landfill capital improvements and…
Did the day a Maryland judge signed a search warrant count toward its 15-day execution period?
No. Under the 2001 statute, the AG said the day the judge signed the warrant was excluded; the 15-day execution period began on the following day.
Could Maryland residents use an internet horse-racing service linked to a Pennsylvania betting account?
The AG concluded that Maryland law barred wagers placed from Maryland through the Youbet network as then designed because its accounts were in Pennsylvania. The opinion said the network could comply…
Could Maryland require special ID for a service dog to enter a public accommodation?
The AG concluded that a public accommodation could not require proof of service-dog status before admitting a person with a disability and their dog. For optional orange guide-dog tags, training by…
Could Frederick keep every proceeding and record of a proposed civilian police review board confidential?
The AG said the proposed board process could be structured to protect officers' statutory rights, but the city could not promise blanket confidentiality for the board's records and meetings. The…
Could a Maryland minor party nominate candidates by convention if one percent of registered voters belonged to it?
The AG concluded in 2001 that a minor party with at least one percent of Maryland's registered voters affiliated with it could nominate candidates by convention under party rules. The official PDF…
Does Maryland's Forest Conservation Act apply to a local government building project in Allegany or Garrett County, even if the project uses state funding, given that those counties are exempt from the Act for having a lot of existing forest cover?
The exemption still applies. The opinion concluded the Forest Conservation Act's exemption for counties with 200,000 or more acres of forest cover (only Allegany and Garrett counties qualified)…
Did a Frederick County liquor license cover a shopping mall parking lot shared with other tenants?
Generally no. The AG said that, under the provisions applicable in Frederick County, licensed premises usually meant the place described in the liquor-license application and did not include a…
Did Maryland's 2000 Truth in Taxation Act change the Columbia Association's annual property charge?
No. The AG concluded that the 2000 Truth in Taxation Act did not alter the assessment ratio used for the Columbia Association's annual charge or the amount of that charge.
Could Wicomico County refund a transfer tax collected before voters rejected it in a referendum?
The AG concluded that Wicomico County could not itself authorize refunds of transfer tax collected while its emergency ordinance was in force. The county would need specific authority from the…
Where did a Maryland sheriff have to post an eviction summons for an apartment in a multi-unit building?
The AG concluded that a process server had to post the summons on the individual apartment, along with mailing it. A common-area posting was allowed when the tenant made access impossible without…
Could Maryland inspectors enter a trucking company's premises without a warrant or advance notice?
Yes under the statute analyzed in 2001. The AG said specified officials could conduct limited, unannounced inspections of motor-carrier equipment and required records during normal business hours…
What happened if Montgomery County's liquor board could not get three votes to approve or deny a license?
The AG said the board should postpone the application and try again when three members could not agree to approve or deny it. Conflict-related deadlock could invoke the rule of necessity; prolonged…
Would Maryland's temporary senior drug plan end in time for seniors to qualify for a future federal plan?
The AG could not say with certainty. The 2000 law set the earlier of June 30, 2002 or comparable Medicare benefits under Title XVIII as its sunset. Whether seniors qualified for a future federal…
Did earned prison credits move forward parole eligibility for a Maryland inmate serving a life sentence?
Yes under the 2001 parole statute. Diminution credits reduced the time before parole consideration for a straight life sentence, ordinarily measured from 15 years or from 25 years in the specified…
Could Maryland's Department of Planning join a local zoning or land-use case?
Yes. The AG said the Department of Planning could formally intervene in local land-use proceedings under the applicable procedural rules or submit a statement of State views, with broad discretion…
Did paying a birth mother under a surrogacy agreement automatically prevent adoption in Maryland in 2000?
The AG concluded in 2000 that surrogacy contracts paying a birth mother were usually illegal and unenforceable under Maryland law. Payment alone did not automatically bar an adoption petition: the…
Who controlled construction decisions and correctional staff training for a new Maryland county jail in 2000?
The AG concluded in 2000 that the Allegany County sheriff could participate in planning a new detention center but could not control its construction before taking over operations. While the sheriff…
Could a Maryland charter county or town require tobacco products to be kept behind the counter in 2000?
The AG agreed in 2000 that a charter county or municipality could require licensed tobacco retailers to display products in areas normally inaccessible to customers under the proposed ordinance. Its…
Did a Calvert County charity need a permit to hold bingo under Maryland law in 2000?
The AG agreed in 2000 that volunteer fire departments and other listed charitable organizations needed a county permit to conduct charitable bingo in Calvert County. The conclusion was specific to…
Did a volunteer retired Maryland physician have to buy liability insurance to receive statutory immunity in 2000?
The AG agreed in 2000 that a volunteer physician did not have to carry liability insurance to receive the protection of CJ §5-606(b). If insurance existed, the statute's immunity applied only above…
Could a Maryland HMO member privately pay an out of network doctor without the balance billing ban applying in 2000?
The AG concluded in 2000 that an HMO member could knowingly and voluntarily make a private contract for services outside HMO coverage and agree to pay the provider's full charge. If no genuine…
How did Maryland's Health Care Decisions Act address feeding tubes and advanced dementia in 2000?
The AG concluded in 2000 that a facility could not use a feeding tube when reasonable feeding by mouth met the patient's needs. It treated tube feeding as a life sustaining procedure subject to the…
In 2000, could a Maryland title insurer audit only its named principal agent while other companies handled its real estate closings?
The AG concluded in 2000 that a title insurer's on site review duty reached every title agency it authorized to conduct settlements involving its policies. Reviewing only an intermediary labeled its…
What counted as economically disadvantaged for a Maryland small business loan guarantee in 2000?
The AG concluded in 2000 that the owner had to show a specific, identifiable economic impediment beyond the owner's control that kept the business from competing on a level playing field. Merely…
Could a Maryland county require assisted living facilities, and only those facilities, to install emergency generators in 2000?
The AG concluded in 2000 that state assisted living regulation would preempt a county emergency power requirement aimed specifically at assisted living facilities. Generally applicable zoning,…
Could a Maryland cooperative housing corporation bring an eviction case against a member in District Court in 2000?
The AG concluded in 2000 that District Court had landlord tenant jurisdiction over a cooperative housing corporation's eviction action against a member. A member whose property interest exceeded the…
Under Maryland's firearms law, does a common law assault or battery conviction count as a 'crime of violence' that bars someone from possessing a regulated firearm, and does that same 'crime of violence' definition sweep in every crime punishable by more than a year in prison?
Common law assault or battery does count, but the broader category is narrower than it might sound. The opinion concluded a conviction for common law assault or battery falls within the firearms…
Was a Maryland police accident report confidential in 2000 just because it named a child as a victim or witness?
The AG concluded in 2000 that the juvenile records confidentiality provision generally did not cover a police accident report naming a child only as a victim or witness, when no juvenile court…
Who owned the HEAT Center academic building in Harford County after a purported transfer to its community college?
The AG concluded in 2000 that Harford County retained ownership of the HEAT Center academic building. A 1993 letter purporting to transfer the building to Harford Community College did not meet the…
Could an unlicensed person own a Maryland physical therapy business that hired licensed therapists in 2000?
The AG concluded in 2000 that an unlicensed person or entity could run a physical therapy business by contracting with licensed therapists or assistants to provide the care. A corporation providing…
If a Maryland police car's dashboard camera accidentally picks up someone's conversation without their consent, has the officer broken the state wiretapping law?
No. The opinion concluded that an officer using Montgomery County police car audio/video equipment according to department policy, whether during a consensual recording or a traffic stop, satisfied…
Can a police officer also serve as a member of the town council that oversees the police department?
The Attorney General concluded that while an Ocean City police officer could legally run for and be elected to the City Council, the common-law doctrine of incompatible positions barred the officer…
Did Maryland's seat belt law require a taxicab driver to buckle up in 2000?
The Maryland AG concluded in 2000 that the state's seat belt use requirement did not apply to drivers of Class B taxicabs. Federal vehicle standards required seat belts to be installed, but the…
Could Maryland's Stadium Authority build facilities for other agencies under an uncodified budget law, and who could approve the contracts?
The AG concluded in 2000 that a 1998 capital budget provision gave the Stadium Authority continuing authority to do construction and related work for other government units. Legislative budget…
Can a Maryland legislative district be contiguous when a river separates its land areas and no bridge or ferry connects them?
The Maryland AG concluded in 2000 that a legislative district could cross navigable water without a bridge, tunnel, or ferry and still meet the state constitution's contiguity requirement. A…
Did Maryland law require a pay raise for every tax assessor who earned the certified assessment evaluator designation in 2000?
The AG concluded in 2000 that the statute did not mandate a particular pay increment, or even a monetary increment, for assessors who gained the certified assessment evaluator designation. The…
Can a Maryland town's charter bar its own employees from also serving on the town council, or does the state law protecting public employees' political rights (the anti-Hatch Act) override that kind of local rule?
No, the anti-Hatch Act does not preempt that kind of charter provision. The opinion concluded the anti-Hatch Act protects a municipal employee's right to run for town council, but a town charter may…
Can a Maryland county condition part of a school board's budget on the board agreeing to things like creating auditor positions, studying bus fleet options, or sharing a health insurance plan with the county?
Mostly yes, with one exception. The opinion concluded a county may condition release of budget funds to a local board of education on reasonable, nonsubstantive procedural requirements, such as a…
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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.