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 a Maryland county impose its own fire-safety building requirements on state-certified modular and prefabricated buildings?
The Attorney General concluded in 1990 that Maryland's Industrialized Building and Mobile Homes Act preempted any local ordinance, including one labeled a fire-control regulation, that regulated the…
If a Maryland town purges me from its voter list, can I still vote in town elections?
The Attorney General concluded in 1990 that Maryland's law requiring county election boards to cancel the registration of voters who had not voted in five years (Article 33, §3-20) did not apply to…
Can a public university have a privately funded kosher dining hall without violating the separation of church and state?
The Attorney General concluded in 1990 that a privately funded kosher kitchen in leased dining space at Towson State University would not violate the Establishment Clause of the First Amendment. The…
Could Maryland keep holding public hearings on group home licenses for people with mental disabilities after the federal Fair Housing Amendments Act?
The Attorney General concluded in 1990 that Maryland could keep holding public hearings on group home license applications, but only within federal limits. The Developmental Disabilities Law's…
Can Maryland require state employees in safety-sensitive jobs to take drug tests without individual suspicion?
The Attorney General concluded in 1990 that House Bill 370, which authorized drug testing of state applicants and employees, was constitutional, and that the state could require even random,…
Can Maryland Legal Services Corporation money pay for legal help for organizations, or only for individual poor clients?
The Attorney General concluded in 1990 that the Maryland Legal Services Corporation could make grants for legal assistance to organizations composed primarily of individuals who were themselves…
Can a Maryland sheriff put an inmate on home detention without a court order?
No. The Attorney General concluded that a sheriff's legal duty to keep prisoners in jail can be relaxed only by statute or court order, and Article 27's 'employment of prisoners' subtitle authorizes…
Can a county government audit its school board's management practices, or only its finances?
The Attorney General concluded in 1990 that Carroll County's power under ED §5-108(d) to audit its Board of Education was limited to the board's financial transactions and accounts. It did not…
Can the cost of an extended warranty on a used car be financed along with the car loan in Maryland?
The Attorney General concluded in 1990 that a 1989 law let a car buyer finance the cost of a mechanical repair contract (an extended warranty or service contract) as long as any original…
In Maryland, does a therapist have to report suspected child abuse if the patient was referred by a lawyer?
The Attorney General concluded in 1990 that a mental health provider, such as a psychiatrist or therapist, must report suspected child abuse or neglect even when the person who disclosed it was…
Can a hazardous waste facility use a corporate guarantee instead of a bond to meet Maryland's financial assurance rule?
The Attorney General concluded in 1990 that the Maryland Department of the Environment could let a hazardous substance facility satisfy its financial assurance requirement with a corporate guarantee…
Can Maryland raise the pay of a State Roads Commission member in the middle of the member's term?
No. The Attorney General concluded that State Roads Commission members are 'public officers' under Article III, §35 of the Maryland Constitution, which bars increasing a public officer's pay during…
Did Maryland's Medicaid program have to go through formal rulemaking before requiring doctors to write a reason for prescribing a brand-name drug instead of its generic version?
The Attorney General concluded in 1990 that Maryland's Medicaid agency did not have to go through formal rulemaking before requiring physicians to write a specific medical reason on a prescription…
Did Maryland's 1990 budget bill restrict Medicaid abortion funding differently than the state's own abortion statute did?
In a 1990 opinion analyzing then-current, since-superseded Maryland law, the Attorney General concluded that if Roe v. Wade were overruled, Maryland's dormant abortion statute would control the…
Under Maryland's 1986 rulemaking amendment, when could an agency change a proposed regulation without republishing it for comment?
The Attorney General concluded in 1990 that a Maryland agency could adopt a regulation that differed from its original proposal without republishing it for new comment only if the change was one…
Could a Maryland county liquor board get around a state law banning beer-and-wine-only licenses by issuing a full liquor license with a no-liquor restriction attached?
The Attorney General concluded in 1990 that the Calvert County Board of License Commissioners could not issue a Class A beer, wine, and liquor license with a restriction removing the right to sell…
When can a Maryland car dealer legally advertise a vehicle that was previously sold and returned as 'new' again?
In a 1989 opinion, Maryland's Attorney General concluded that a car dealer generally may not readvertise a vehicle as 'new' once it has been sold to a buyer and then reacquired by the dealer, unless…
Which version of Maryland's drunk-driving license suspension law controlled when two 1989 laws amended the same statute without referencing each other?
In a 1989 opinion, Maryland's Attorney General resolved a conflict created when two separate 1989 laws, the Drunk Driving Act and the Commercial Driver's License Act, each amended the same…
If the Supreme Court overturned Roe v. Wade, would Maryland's old, dormant abortion restrictions automatically come back into force?
In a 1989 opinion, Maryland's Attorney General concluded that if Roe v. Wade were overruled, Maryland's unrepealed abortion statutes (restricting when, where, and under what conditions an abortion…
Could a Maryland court legally alternate hiring between Black and white applicants to make up for past discrimination in its workforce?
In a 1989 opinion, Maryland's Attorney General concluded that the Circuit Court for Baltimore City's 1976 policy of alternately hiring qualified Black and white applicants was an unconstitutional…
Could Maryland's Racing Commission let a harness track move its race dates to a track in a different county?
In a 1989 opinion, Maryland's Attorney General concluded that the Racing Commission could authorize a licensed harness racing association to transfer its race meet to a track in a county where…
Did Maryland's country club tax break ban men-only tee times and grill rooms, or just discrimination in granting membership itself?
In a 1989 opinion, Maryland's Attorney General concluded that the antidiscrimination condition attached to the state's country club property tax preference, TP §8-214(a), barred discrimination in…
Could Maryland count a commercial driver's pre-1990 traffic offenses toward longer license disqualification under the new Commercial Driver's License Act?
In a 1989 opinion, Maryland's Attorney General concluded that under the new Commercial Driver's License Act, effective January 1, 1990, the Motor Vehicle Administration could count a commercial…
Did Maryland's 1989 law creating administrative law judges require the state auto insurance fund (MAIF) to use them for its own hearings?
In a 1989 opinion, Maryland's Attorney General concluded that the Maryland Automobile Insurance Fund (MAIF) was not exempt from the state's new Office of Administrative Hearings law by name, but its…
Could a Maryland bar or club lose its liquor license if an underage patron possessed alcohol on the premises, even if the licensee didn't know about it?
In a 1989 opinion, Maryland's Attorney General concluded that a licensee could be sanctioned under a separate statutory provision, Article 2B, §118(d), for permitting anyone under 21 to consume or…
Does a Maryland town have to follow the full charter-amendment process just to fix a typo or punctuation in its charter?
In a 1989 opinion, Maryland's Attorney General concluded that a municipality's legislative body could not make even purely nonsubstantive changes, such as fixing a typo or moving a comma, to its own…
Could Maryland fire a state employee for an off-the-job drug or alcohol conviction under Governor Schaefer's 1989 substance abuse policy?
In a 1989 opinion, Maryland's Attorney General concluded that Governor Schaefer's executive order setting a State substance abuse policy was lawful in every respect: the Governor had authority to…
Could Maryland enforce state spacing limits on group homes for people with disabilities after the 1988 federal Fair Housing Amendments Act?
In a 1989 opinion, Maryland's Attorney General concluded that a 1988 state law limiting how many community residences for special populations could be sited near each other could not be enforced…
Does a private gas station and convenience store count as a 'public building' that a Maryland town's planning commission must review and approve?
In a 1989 opinion, Maryland's Attorney General concluded that a privately owned gas station and convenience store, even though open to the public for business, was not a 'public building' under…
Who has to pay Maryland's recordation tax on an indemnity mortgage when a guarantor's loan default triggers it?
In a 1989 opinion, Maryland's Attorney General concluded that in an indemnity mortgage arrangement, where a guarantor pledges property to secure a loan to someone else, the guarantor becomes…
Did the Supreme Court's 1989 Webster decision make Maryland's old abortion restrictions enforceable again?
In a 1989 opinion, Maryland's Attorney General concluded that the Supreme Court's decision in Webster v. Reproductive Health Services did not change the status of Maryland's abortion laws:…
Did a Maryland citizen, doctor, or rape crisis counselor have to report a suspected adult sexual assault to police in 1989?
In a 1989 opinion, Maryland's Attorney General concluded that, apart from a handful of statutes covering especially vulnerable victims, ordinary citizens, physicians, mental health providers, and…
Can Maryland's legislature force a state agency to transfer a piece of land by attaching a condition to an unrelated budget appropriation?
In a 1989 opinion, Maryland's Attorney General concluded that a budget-bill condition ordering the Department of Health and Mental Hygiene to transfer Whitney's Landing Farm to the Department of…
Can a charity that runs casino nights use the gambling proceeds to pay its officers or directors?
In a 1989 opinion, Maryland's Attorney General concluded that organizations licensed to run casino nights in Prince George's County could not use any part of the gambling proceeds to pay salaries or…
After the Supreme Court's 1989 drug-testing rulings, could Maryland test state employees for drugs without any individual suspicion?
In a 1989 opinion, Maryland's Attorney General concluded that two new Supreme Court decisions allowed the state to drug-test employees in specifically sensitive positions, such as those carrying…
Could Maryland or its counties hire private lawyers on a contingency-fee basis to collect debts owed to the government?
In a 1989 opinion, Maryland's Attorney General concluded that counties could hire private lawyers to collect debts and probably could pay them contingent fees, although that fee authority was…
Are civilian paramedics considered firefighters for pension and Social Security purposes in Maryland?
In a 1989 opinion, Maryland's Attorney General concluded that a civilian paramedic in the Baltimore City Fire Department did not hold a 'fireman's position' under the federal Social Security…
If a Maryland review commission takes too long to act on a local government's Chesapeake Bay protection plan, does the plan get approved automatically?
In a 1989 opinion, Maryland's Attorney General concluded that Somerset County's complete program was deemed approved because the Chesapeake Bay Critical Area Commission did not act within 90 days of…
Did the Supreme Court's Davis v. Michigan ruling make Maryland's tax break for volunteer firefighters unconstitutional?
In a 1989 opinion, Maryland's Attorney General concluded that the state's income tax exemption for length-of-service award payments to volunteer fire, rescue, and ambulance personnel, then codified…
Can a Montgomery County Council member resign and later be appointed to the county Planning Board, if the two jobs are otherwise incompatible?
In a 1989 opinion, Maryland's Attorney General concluded that a Montgomery County Council member could not serve simultaneously on the County Council and the County Planning Board, since the two…
Can a Maryland city fund a special taxing district with a tax based on construction costs?
In a 1989 opinion, Maryland's Attorney General concluded that the City of Frederick had authority under state law to create a special taxing district to fund storm drains, parking, and lighting…
If a Maryland town creates a historic district, can the town council itself act as the historic district commission?
In a 1989 opinion, Maryland's Attorney General concluded that a town creating a historic district under the Historic Area Zoning Act had to establish a separate historic district commission, made up…
Can a Maryland county's budget office block a State's Attorney from spending on out-of-state staff training?
In a 1989 opinion, Maryland's Attorney General concluded that a State's Attorney's office is generally subject to its county's budget and fiscal policies, including decisions about how or where to…
Could Maryland give owner-occupied homes a property tax break without violating the Constitution's equal protection guarantee?
In a 1989 opinion, Maryland's Attorney General concluded that a proposed constitutional amendment authorizing property tax credits limited to owner-occupied residential property would not violate…
Did the Supreme Court's Croson decision strike down Maryland's minority business set-aside program for state contracts too?
In a 1989 opinion, Maryland's Attorney General concluded that the state's Minority Business Enterprise contracting program remained constitutional after the U.S. Supreme Court's Croson decision,…
Could Maryland hold parole and prison grievance hearings over closed-circuit TV instead of in person?
In a 1989 opinion, Maryland's Attorney General concluded that the Maryland Parole Commission and the Inmate Grievance Commission could lawfully hold hearings by closed-circuit television…
Who has to approve a Maryland state agency's sole source contract for an expert witness in litigation, the budget agency or the Attorney General?
In a 1989 opinion, Maryland's Attorney General concluded that a sole source contract for an expert witness or other litigation consultant, entered into under SF §13-107(b) because the matter…
Are unpaid special-education student workers covered by Maryland's Workers' Compensation Act?
In a 1989 opinion, Maryland's Attorney General concluded that handicapped students placed with private employers in unpaid work positions, as part of their special-education program, were not…
Could the University of Maryland discipline a student for something that happened off campus, like a fraternity house incident?
In a 1989 opinion, Maryland's Attorney General concluded that a public university like the University of Maryland College Park could discipline a student for off-campus misconduct detrimental to the…
Could Maryland exempt religious child care centers from state licensing without violating the separation of church and state?
In a 1989 opinion, Maryland's Attorney General concluded that the General Assembly was constitutionally free, though not constitutionally required, to exempt religiously-affiliated child care…
Does Maryland reduce a retired public employee's pension by workers' compensation benefits, even if the pension isn't for a disability?
A 1988 Maryland opinion concluded that the state retirement and pension systems' set-off for workers' compensation benefits applies only to disability retirement benefits paid because of an…
In Maryland, does a trespassing driver have to pay towing and storage fees, and can the tow company hold the car until paid?
A 1988 Maryland opinion concluded that a vehicle owner who parks without permission on private property owes reasonable towing and storage costs only if a conspicuously posted sign gave clear notice…
Can the Mayor and Town Council together appoint members to a Maryland town's planning commission, or does state law require the mayor alone to appoint them?
In a 1988 opinion, Maryland's Attorney General concluded that Ocean City's practice of having the Mayor and Council jointly appoint members of the Planning Commission and Board of Zoning Appeals was…
Can a Maryland town pass its own rules regulating charity gambling that the state already allows?
In a 1988 opinion, Maryland's Attorney General concluded that municipal corporations had no existing authority under their general police power to regulate or prohibit charitable gambling that state…
Can Maryland spray pesticides for gypsy moth control on private property without the owner's consent?
In a 1988 opinion, Maryland's Attorney General concluded that the Secretary of Agriculture had broad discretionary authority to run the State's gypsy moth control program, including deciding which…
Can a Maryland county charge a percentage-based fee on industrial revenue bonds issued by a state financing authority?
In a 1988 opinion, Maryland's Attorney General concluded that Howard County's ordinance charging 0.125% of the face amount of MIDFA refunding bonds was, despite being labeled a fee, actually a tax…
Can a clinical social worker diagnose a mental or emotional disorder in Maryland, or is that only a doctor's job?
In a 1988 opinion, Maryland's Attorney General concluded that a clinical social worker could not diagnose a patient's condition on their own, but once a physician had personally assessed the patient…
Can the Maryland Port Administration run its own port terminals and unionize its workers, instead of leasing everything to private operators?
In a 1988 opinion, Maryland's Attorney General concluded that the Maryland Port Administration could directly operate supplementary port facilities if private operation was inadequate and the public…
Could the Maryland Stadium Authority use lottery-funded 'pay-go' money to buy the Camden Yards land, or only to build on land it already owned?
In a 1988 opinion, Maryland's Attorney General concluded that the Maryland Stadium Authority could use Maryland Stadium Facilities Fund money to help pay for acquiring the Camden Yards property, not…
Could a Maryland patient refuse a feeding tube, and who could decide when the patient lacked capacity?
In 1988, the Attorney General concluded that a competent Maryland patient had constitutional and common-law rights to refuse artificially administered nutrition and hydration. For a patient who…
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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.