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 a Maryland school board avoid the state's prevailing wage law by turning down some of the state construction funding it was eligible for?
In this 1984 opinion, the Maryland Attorney General concluded that a local school board could avoid the Prevailing Wage Law by voluntarily funding more than 25% of a school construction project with l…
Could Maryland reduce a retired state judge's pension when he was appointed to the federal bench and kept drawing a federal salary?
In this 1984 opinion, the Maryland Attorney General concluded that a state statute reducing judicial pensions for retired judges who accept other government-paid employment applied to a retired Maryla…
Did Maryland's hunting guide license requirement apply to employees of guide services, not just self-employed guides?
In this 1984 opinion, the Maryland Attorney General concluded that the state's commercial hunting guide license requirement covered everyone who guides hunters for compensation, including employees of…
Could a homeless person register to vote in Maryland in the 1980s without a conventional home address?
In this 1984 opinion, the Maryland Attorney General concluded that a homeless person could register to vote if they presented satisfactory evidence of a fixed, present domicile, even one without a con…
Could a Maryland health club refuse membership to a blind or deaf person in the 1980s?
In this 1984 opinion, the Maryland Attorney General concluded that a health club open to the general public is a "public facility" under the White Cane Law, so it could not deny blind or deaf people f…
Could a Baltimore City ordinance banning sexual-orientation discrimination coexist with Maryland's 1980s criminal sexual conduct laws?
In this 1984 opinion, the Maryland Attorney General advised that a proposed Baltimore City ordinance banning discrimination based on sexual orientation did not conflict with state criminal laws prohib…
Can a Maryland bill be struck down just because its title describes the opposite of what the bill's text actually does?
In this 1984 opinion, the Maryland Attorney General declined to approve House Bill 1541 for constitutionality because its title said the bill would include certain sickness and accident disability pay…
Could a state-funded historic preservation trust rent out a former church for weddings and other religious events without violating the ban on using bond money for religious purposes?
In this 1984 opinion, the Maryland Attorney General concluded that a nonprofit trust that received a state construction bond to preserve a historic former church could rent the hall for occasional wed…
Could Maryland constitutionally bar the state treasury from depositing funds in banks that lent money to apartheid-era South Africa?
In this 1984 opinion, the Maryland Attorney General concluded that a bill barring the State Treasurer from depositing state funds in financial institutions with loans to the South African government w…
Did Maryland workers' compensation cover seasonal and migrant farm laborers in the 1980s?
In this 1984 bill-review opinion, the Maryland Attorney General concluded that Senate Bill 869 would extend workers' compensation coverage to most seasonal and migratory farm workers, but would still …
Can Maryland restrict its own legislative staff from campaigning or donating to political campaigns more strictly than other state employees?
In this 1984 opinion, the Maryland Attorney General concluded that a rule banning legislative staff from partisan and nonpartisan campaign activity and candidacy was constitutional on its face and as …
Can a small-town mayor still meet a town residency requirement if his spouse lives in a different town?
In this 1984 opinion, the Maryland Attorney General concluded that, on the specific facts presented, the Mayor of Berlin remained a legal resident of the town under the town charter's residency requir…
Can Maryland pass emergency legislation changing how absentee ballots are handled without violating the constitutional ban on emergency laws that change an officer's duties?
In this 1984 opinion, the Maryland Attorney General concluded that an emergency bill adding new absentee-ballot safeguards for boards of canvassers did not violate the state constitution's ban on emer…
Could Maryland flatly ban an out-of-state bank from buying a Maryland bank in the 1980s?
In this 1984 opinion, the Maryland Attorney General concluded that Maryland's flat statutory ban on a foreign bank becoming a bank holding company here could not constitutionally be applied to block W…
Who decides how many deputy court clerks to hire in Maryland, and who pays them, when judges and the state comptroller disagree?
In this 1984 opinion, the Maryland Attorney General explained that circuit court judges alone decide how many deputy clerks a Clerk's office needs and must appoint, while the State Comptroller alone s…
Could a Maryland real estate agent legally give homebuyers merchandise discount coupons without violating the ban on offering 'prizes' to influence a sale?
In this 1984 opinion, the Maryland Attorney General concluded that a real estate marketing program giving every purchaser-client identical merchandise discount coupons did not violate the state ban on…
Could a Maryland town be sued for antitrust violations for switching cable TV franchise operators?
In this 1984 opinion, the Maryland Attorney General concluded that the Town of La Plata's decision to end one cable TV company's franchise and grant an exclusive franchise to another was protected by …
Could Maryland force State Police officers and correctional officers to retire at a fixed age under 1980s federal age discrimination law?
In this 1984 opinion, the Maryland Attorney General concluded that state laws mandating retirement of State Police at age 60 and certain correctional officers and maximum security attendants at age 62…
Are architectural and engineering drawings submitted for a Maryland building permit public records that anyone can inspect?
In this 1984 opinion, the Maryland Attorney General concluded that construction drawings submitted to a county for a building permit were generally public records open to inspection, but that a submit…
Can a Maryland county enforce its own zoning rules against a business that already has a state permit to spread sewage sludge?
In this 1984 opinion, the Maryland Attorney General concluded that Baltimore County could generally enforce its zoning regulations on sewage sludge use, including against people who held a state sludg…
Did Maryland's Lotto game revenue go only to counties, or also to the cities and towns within those counties?
In this 1984 opinion, the Maryland Attorney General concluded that Lotto lottery revenue had to be distributed only to Maryland's 23 counties and Baltimore City, not to the state's roughly 166 incorpo…
Did a new political party's presidential nominee have to file nominating petitions to get on Maryland's general election ballot in the 1980s?
In this 1984 opinion, the Maryland Attorney General concluded that a new political party's presidential and vice-presidential nominees could appear on Maryland's general election ballot after being pr…
Can a Maryland state legislator solicit donations to pay for a newsletter to constituents, and do campaign finance limits apply to that money?
In this 1983 opinion, the Maryland Attorney General concluded that the Fair Election Practices Act did not regulate contributions solicited for a purely informational 'constituent' newsletter, only fo…
Did Maryland tax mutual fund dividends even when the fund's income came from tax-exempt federal government bonds?
In this 1983 opinion, the Maryland Attorney General concluded that a mutual fund shareholder's distributions were subject to Maryland income tax even when the fund earned that money as interest on tax…
Can a Maryland county like Montgomery County pass its own condominium laws, or does the state Condominium Act override them?
In this 1983 opinion, the Maryland Attorney General concluded that the state Condominium Act preempted local condominium legislation unless it fell within one of four specific statutory exceptions, ma…
Did serving as a law school dean, rather than working at a traditional law firm, count as 'practicing law' for someone running for Maryland Attorney General?
In this 1983 opinion, the Maryland Attorney General concluded that a law school dean's combination of teaching, legal counseling, bar committee work, and legally-informed administrative decision-makin…
Could a Maryland county set its own mileage reimbursement rate for county commissioners, or were they stuck with the state's 10-cent-a-mile rate?
In this 1983 opinion, the Maryland Attorney General concluded that Cecil County's public local law did not clearly override the state's general mileage statute, so the county commissioners were limite…
Can a Maryland county turn its regular jail into a 'regional detention center' just by renaming it, to get the shorter 18-month sentencing cap?
In this 1983 opinion, the Maryland Attorney General concluded that a county could establish a regional detention center, or redesignate an existing jail as one, using its ordinary local procedures, bu…
Can Maryland's Comptroller force county court clerks and registers of wills to pay their employees through the state's Central Payroll Bureau?
In this 1983 opinion, the Maryland Attorney General concluded that the State Comptroller could not require Clerks of the Circuit Courts or Registers of Wills to pay their employees through the Central…
Can Maryland cut future pension benefits for state employees and teachers without violating the constitutional ban on impairing contracts?
In this 1983 opinion, the Maryland Attorney General concluded that a bill reducing future benefits under the State Employees' and Teachers' Retirement Systems would likely not violate the U.S. Constit…
Could a Maryland town create a special downtown tax district to fund business promotion without specific state legislative authorization?
In this 1983 opinion, the Maryland Attorney General concluded that the City of Hagerstown could not create a special taxing district to finance downtown business promotion and management without new e…
Did serving on a Baltimore City park board or a Maryland county personnel board disqualify someone from serving on a judicial nominating commission?
In this 1983 opinion, the Maryland Attorney General concluded that a member of the Baltimore City Board of Recreation and Parks held an unpaid "office of trust" and a member of the Prince George's Cou…
Did Maryland's public records law protect unsolicited letters commenting on a government job applicant's qualifications, not just letters the applicant asked someone to write?
In this 1983 opinion, the Maryland Attorney General concluded that the Public Information Act's exemption for "letters of reference" covered both letters an applicant solicited and unsolicited letters…
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 C…
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 block …
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 has statutory and declaration-based authority to control the appearance and any alteration of limited common elem…
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 l…
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 b…
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 prev…
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 Subtitl…
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 purc…
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 co…
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 in …
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 an…
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 of…
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 witho…
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 stat…
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 appoint…
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, bec…
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 alc…
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 li…
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 lic…
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 g…
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 Cler…
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 alcohol…
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 t…
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 of…
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 sell…
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 unit…
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 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.