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's Insurance Commissioner discipline or overrule the Maryland Automobile Insurance Fund (MAIF) the same way it regulates private car insurers?
Mostly yes, with limits. The opinion concluded MAIF, the state's auto insurer of last resort, is generally regulated like any private insurer, so the Commissioner can order it to stop unfair claims…
Who decided whether a referendum petition was sufficient for a Maryland law applying to one county?
The AG concluded in 2000 that the State Board of Elections, advised by the Attorney General, should determine the sufficiency of a petition to refer a public local law enacted by the General…
Could Baltimore apply city zoning rules to a domestic-violence shelter on state-owned land?
The AG concluded that Baltimore City's zoning rules did not apply to the state-owned property used by House of Ruth for a domestic-violence shelter. Another private lessee would retain that…
Could Maryland police arrest someone for violating another state's domestic-violence protective order in Maryland?
The AG concluded that Maryland could criminally enforce an out-of-state protective order when a comparable breach of a Maryland order was criminal and the then-required procedures, including…
Could Maryland social services tell a school superintendent about abuse allegations involving a contractor's bus driver?
Under the statute analyzed in 2000, the AG said the child-abuse-record disclosure exception for school employees did not extend to a bus driver employed by a private contractor. The official PDF…
Were Maryland human-services contracts treated as procurement contracts for lobbying rules?
Generally yes under the 2000 law. The AG said most state purchases of human services were procurement contracts for the ethics law, but the definition excluded certain reimbursement arrangements…
Could Maryland's Injured Workers' Insurance Fund share claim medical records with the self-insured employer it represented?
The AG concluded that IWIF could give claim medical records to the self-insured employer whose claims it administered without triggering the redisclosure rule, if the claimant's original…
Does Maryland's law requiring people to self-identify their own race on state forms apply to police arrest and booking forms?
The Attorney General concluded that Maryland's 1998 law requiring self-identification of race and allowing multiple racial categories applies generally to state forms, including those used by the…
Could a Maryland union or professional association fund its PAC from member dues or payroll deductions?
The AG said an organization could contribute dues-derived funds to a PAC in its own name within the then-applicable contribution limit. It could not pool members' individual gifts through dues.…
Could Maryland's Housing Fund insure a refinancing loan that let an affordable-housing owner withdraw equity?
Yes for the Hanover Square transaction examined in 2000. The AG concluded that the 1994 loan was refinancing within the Maryland Housing Fund's authority and helped preserve the affordable-housing…
Could Maryland use statistically adjusted census numbers to draw state legislative districts?
The AG concluded in 2000 that Maryland could choose statistically adjusted census data or the unadjusted head count for state legislative redistricting, provided one set was used consistently across…
Do Maryland counties have to carry no-fault (PIP) and uninsured motorist coverage on their own vehicles?
No. The opinion concluded that Maryland counties, like the State itself, are not required by statute to maintain personal injury protection (PIP) or uninsured motorist (UM) coverage on their…
Could an unlicensed Maryland accountant issue compilation or review reports on financial statements in 1999?
The AG concluded in 1999 that an unlicensed accountant could issue compilation and review reports under the relevant professional standards if the report disclosed that the preparer was not licensed…
Did Montgomery County have to refer a proposed surplus school sale to the regional planning commission in 1999?
The AG concluded in 1999 that a county council's authority to dispose of surplus schools did not exempt it from the Regional District Act's mandatory planning commission referral. The council could…
Did Garrett County's 1998 classified service law take appointment authority away from the sheriff?
No. The AG concluded that the Garrett County sheriff remained the appointing authority for deputy sheriffs after they entered the county classified service system. The sheriff still had to observe…
Could a foreign partnership converting to a Maryland LLC claim a property transfer tax exemption in 1999?
The AG said a foreign partnership using a conversion method involving a real property transfer could claim the exemption if ownership, profit and loss shares, and dissolution met the statute's…
Could substitute members participate in Maryland local election board meetings under the 1999 election law?
The AG concluded that substitute members could take part in local board meetings without voting, as regular members determined with State Board approval or acquiescence. A substitute replacing an…
What publications and sales revenue could Maryland's state archivist include in the Archives of Maryland series in 1999?
The AG said the State Archivist could choose the content and format of future Archives of Maryland installments within limits: they had to be identified series publications containing historically…
What did reasonable and necessary force mean when Maryland officers carried out a child custody order in 1999?
The AG did not conclusively decide whether courts had inherent authority to order officers to use force to return a child. Assuming a valid order, it said any force had to be objectively reasonable…
Could a Maryland driver who refused a breath test seek an ignition interlock license modification in 1999?
Yes. The AG concluded that the MVA could modify a suspension or issue a restrictive license to a driver who participated in its ignition interlock program for at least one year, even if the driver…
Does a federal law protecting military reservists' jobs override a state rule barring judges from practicing law while serving as a National Guard legal officer?
No. The opinion concluded USERRA, the federal law protecting reservists' civilian jobs, does not preempt or create an exception to Maryland's Code of Judicial Conduct, so a sitting circuit court…
Could a Maryland state's attorney dismiss a judge initiated criminal contempt charge without the judge's approval in 1999?
The AG concluded in 1999 that a state's attorney appointed to prosecute criminal contempt retained ordinary discretion to dismiss the charge without special court approval, subject to general…
What counted as a prohibited financial interest between a Maryland alcohol supplier and a retailer in 1999?
The AG concluded in 1999 that ownership in or employment by a retailer could count as a prohibited financial interest for a manufacturer or wholesaler. Loans and guarantees outside ordinary business…
When a Maryland hospital closes, does the state's Hospital Bond Program cover bonds issued by the Maryland Industrial Development Financing Authority (MIDFA)?
The opinion concluded that bonds issued by the Maryland Industrial Development Financing Authority (MIDFA) on behalf of a hospital counted as covered debt under Maryland's Hospital Bond Program, so…
Could Maryland state employees get pension credit for reserve summer training completed before state employment?
The AG concluded that preemployment summer reserve training qualified for state pension credit if the reservist was placed on active duty, later had at least ten years of creditable state service,…
Could a Calvert County Class NG bingo license cover the MegaMania electronic game in 1999?
The described MegaMania game counted as bingo, but the AG concluded that the Class NG license did not cover it as operated. The numbers were drawn out of state by people outside the licensee's…
Could Carroll County seek a Smart Growth funding exception for bypass roads that were not grandfathered in 1999?
The AG concluded in 1999 that neither the Manchester nor Westminster bypass was grandfathered out of Smart Growth funding restrictions. Carroll County commissioners or the state transportation…
How did Maryland calculate good conduct credits for inmates with sentences imposed before and after 1992?
The AG concluded in 1999 that sentences imposed before October 1, 1992 earned five days of good conduct credit per month, while later sentences generally earned ten unless a covered violent or drug…
Can a Maryland county or Baltimore City create a special tax or a benefit assessment district just to pay for public library services?
Yes, with limits tied to home rule status. The opinion concluded the State could levy a special library tax at any time, that Baltimore City, Baltimore County, and Montgomery County already had…
Can a deputy court clerk in Maryland also serve as a state legislator?
The opinion concluded that a deputy clerk of a Maryland circuit court could simultaneously serve as a member of the General Assembly, because a 1990 amendment to the Maryland Constitution had…
What counts as 'malfeasance in office' that lets a Maryland county remove a planning commission member?
The opinion concluded that 'malfeasance in office,' a ground for removing a planning commission member under Article 66B, meant willful wrongdoing by the official that had a direct connection to the…
Could Maryland retailers still charge bad-check fees after a 1996 law seemed to repeal the fee statute?
The Attorney General concluded that Maryland's bad-check-fee statute remained legally effective despite an apparent repeal in 1996 legislation, because the repeal resulted from a drafting mistake in…
Can a Maryland town annex a distant piece of land by connecting it to town limits with just a thin strip of highway?
The opinion concluded that Maryland's requirement that annexed land be 'contiguous and adjoining' generally does not allow a town to annex a distant tract by connecting it with only a narrow highway…
Can a Maryland charter county create its own program offering cash grants to individual public schools that hit performance targets, or does the state's control over education law block that kind of county initiative?
Yes, within limits. The opinion concluded that a charter home rule county like Harford County may establish a school performance incentive grant program despite the State's preemption of education,…
Can a government building hosting a polling place ban campaigning outside on its own property?
The Attorney General concluded that a governmental entity hosting a polling place could not prohibit electioneering in a traditional public forum, such as a park or sidewalk, or in any part of the…
Can a Maryland city let a county licensing board hear appeals under the city's own electrical code, or does letting the county 'administer or enforce' municipal law stop short of quasi-judicial appeals?
Yes. The opinion concluded that the Prince George's County Board of Registration for Master Electricians and Electrical Contractors could legally be authorized to hear appeals arising under the City…
Does Maryland's Open Meetings Act ban board members from discussing public business by e-mail, and are those e-mails public records?
The Attorney General concluded that members of a public body exchanging e-mail did not trigger the Open Meetings Act unless a quorum was engaged in a simultaneous, real-time exchange, but any e-mail…
Can a Maryland trust deduct funeral and administration expenses from inheritance tax the same way a probate estate can?
The Attorney General reaffirmed a 1959 opinion concluding that expenses ordinarily deductible from a decedent's probate estate, such as debts, funeral costs, and administration expenses, were also…
Could Maryland's Transportation Trust Fund pay for parking lot construction at the old Redskins stadium site?
Partly. The opinion concluded the Secretary of Transportation already had authority to use Transportation Trust Fund money for a grant to build on-site roadways and related infrastructure at the…
Could someone use Maryland's Public Information Act to see the licensing paperwork a private group home operator keeps on file, even though the state never actually collected copies of it?
No. The opinion concluded that licensing-related records a private child care facility applicant kept on its own premises, and that the Department of Human Resources reviewed on site rather than…
Is there an overall dollar cap on how much debt a Maryland county without home rule, like Somerset County, can take on, or does each borrowing project need its own separate state law?
There is no single overall debt cap. The opinion concluded that because Somerset County lacks home rule, it can only create debt when the General Assembly expressly authorizes a specific project by…
Does Maryland's emergency medical services agency regulate 'litter van' stretcher transport, or does the Washington-area transit commission?
The opinion concluded that 'litter van' stretcher-transport services fell within the statutory definition of 'ambulance' and were generally subject to licensing by the Maryland Institute for…
Can a Maryland county cut a State's Attorney's budget so much that entire categories of crimes go unprosecuted?
The Attorney General concluded that a county could not fund a State's Attorney's office so far below need that entire categories of significant crimes, such as domestic violence or robbery, would go…
Who is responsible for administering the optional retirement program for Maryland public college employees?
The opinion concluded that no single entity 'sponsored' Maryland's Optional Retirement Program for public college employees; responsibility was divided by statute among the Board of Trustees of the…
Can a Maryland circuit court clerk administer the oath of office to a public official who lives in a different county?
The Attorney General concluded that a circuit court clerk could not travel outside the clerk's own county to administer an oath of office, but a clerk could still swear in an officer who lived in,…
When Maryland's Constitution says a newly elected or appointed official must take the oath of office 'before the Governor,' does the Governor personally have to read the oath out loud?
No. The opinion concluded that an officer qualifies 'before the Governor' as long as the oath is taken in the Governor's presence; the Governor is not required to personally administer or read the oath.
Could a Maryland resident get a driver's license without a photograph in the 1990s if being photographed violated their religious beliefs?
At the time, no. The opinion concluded Maryland could lawfully deny a driver's license to a person who objected on religious grounds to being photographed, because the state's compelling interest in…
If a Maryland home seller gives the buyer a property disclaimer statement late, after the contract is already signed, can the buyer back out?
Yes, according to the opinion. Even though the statute's text only explicitly addressed late disclosure statements, the opinion concluded the legislature meant to treat late disclaimer statements…
Did Maryland's public notice and hearing requirements for licensing group homes for people with mental illness or developmental disabilities violate the federal Fair Housing Amendments Act?
The opinion concluded that, in light of a 1993 federal court decision striking down similar Montgomery County rules, Maryland's public notice and hearing requirements for licensing group homes under…
Could Maryland CPAs share a client's tax return information with another accounting firm doing a confidential quality peer review of their work?
The opinion concluded that Maryland law did not prohibit a CPA firm from disclosing client information, including tax return information, to another CPA firm conducting a confidential quality review…
What did Maryland's new Health Care Decisions Act mean by 'end-stage condition,' and who was allowed to make medical decisions for an incapacitated patient who never signed an advance directive?
The opinion interpreted several parts of Maryland's newly enacted Health Care Decisions Act, including how 'end-stage condition' should be understood, how a court-appointed guardian fit into the…
Did Maryland's blind-made-products law require Blind Industries and Services of Maryland's vending machine business to keep mostly blind employees, even though the snacks and drinks weren't made by blind workers?
The opinion concluded that Maryland's law requiring products sold as 'made by the blind' to have at least 75 percent blind direct labor applied to Blind Industries and Services of Maryland's vending…
Does the federal real estate settlement law (RESPA) override Maryland's ban on real estate settlement kickbacks?
The Attorney General concluded that Maryland's flat prohibition on real estate settlement kickbacks was not preempted by the federal Real Estate Settlement Procedures Act, because RESPA only…
Can a city charge higher parade or rally permit fees based on how the public might react to the speech?
The opinion concluded that state and local rules letting officials size a parade or rally permit fee, or grant or deny a permit, based on how the public might react to the speech violated the First…
Could a Maryland oil spill responder lose legal immunity if their attempt to prevent a spill failed, or if they acted without first getting sign-off from a federal or state official?
No. Maryland's Attorney General concluded that a responder who tried in good faith to prevent or clean up an oil spill kept immunity from liability under EN §4-419 even if the effort failed, and…
When did Maryland's 1992 constitutional amendments changing the civil jury trial rules, six-person juries and a $5,000 threshold, take effect, and did they apply to cases already pending?
Maryland's Attorney General concluded that the 1992 constitutional amendments and implementing statutes changing civil jury trials, allowing six-person juries and raising the amount-in-controversy…
Did Maryland's hate crimes law survive after the U.S. Supreme Court struck down a similar cross-burning ordinance in R.A.V. v. City of St. Paul?
Maryland's Attorney General concluded that Maryland's hate crimes statute, Article 27, §470A, remained constitutional after the Supreme Court's 1992 R.A.V. v. City of St. Paul decision, because the…
Could a company that tracks down owners of unclaimed property get the dollar value of what each person is owed from Maryland's abandoned property records?
Maryland's Attorney General concluded that the Comptroller's Unclaimed Property Section had to withhold the monetary value or description of a person's abandoned property because that information…
Could Maryland law enforcement withhold a crime victim's name and address from a public records request?
Maryland's Attorney General concluded that a crime victim's name and address were a public record subject to disclosure under the Public Information Act, that no law gave victims an enforceable…
Could Maryland's state lottery legally add keno or video lottery machines without new legislation?
Maryland's Attorney General concluded that the State Lottery Agency already had authority under existing law to offer a keno game, but that video lottery terminals resembling video poker machines…
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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.