Md. Code, State Government, Title 6

Md. Code, State Government, Title 6
in effect

Md. Code, State Government § 6-102

Except as otherwise provided by law, this title does not apply to: (1) the Public Service Commission; (2) a board of supervisors of elections of a county; (3) the Baltimore City Board of School Commissioners or a county board of education; or (4) any other county officer or unit.

Md. Code, State Government § 6-103

(a) There is an Attorney General of the State, as provided in Article V, § 1 of the Maryland Constitution. (b) The Attorney General’s annual salary shall be: (1) $165,000 for the first year of the term beginning January, 2023; (2) $170,000 starting on the first anniversary of the beginning of the term; (3) $173,000 starting on the second anniversary of the beginning of the term; and (4) $175,000 starting on the third anniversary of the beginning of the term and thereafter. (c) The Attorney General is also entitled to reimbursement for travel and other expenses that are connected with the duties of the Office.

Md. Code, State Government § 6-105

(a) (1) The Attorney General may employ a staff in accordance with the State budget. (2) Attorneys, positions that provide direct support to the Attorney General, and positions that provide direct support to the positions specified in paragraph (3) of this subsection, appointed under this subsection: (i) notwithstanding any other law, and except as provided in paragraph (3) of this subsection, are deemed special appointments within the meaning of § 6–405(a) of the State Personnel and Pensions Article; (ii) may not be determined to be special appointments under § 6–405(b) of the State Personnel and Pensions Article; and (iii) serve at the pleasure of the Attorney General. (3) The following positions are special appointments under § 6–405(b) of the State Personnel and Pensions Article: (i) Deputy Attorney General; (ii) special assistant to the Attorney General; (iii) executive counsel to the Attorney General; (iv) director or chief of a division or unit in the Office; and (v) principal counsel to a State unit. (4) (i) Staff appointed under this subsection is entitled to compensation as provided in the State budget. (ii) Unless the State budget provides otherwise, the salary of a Deputy Attorney General, assistant Attorney General, or special attorney appointed under this subsection is payable from the funds of the Office. (5) Staff is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. (b) (1) In addition to any other staff appointed under this section, the Attorney General, with the written approval of the Governor, may employ any assistant counsel that the Attorney General considers necessary to carry out any duty of the Office in an extraordinary or unforeseen case or in special county work. (2) The Attorney General shall submit to the Governor a written request that: (i) states the necessity of and each reason for the special employment; and (ii) states the proposed compensation and its source or certifies that the Attorney General cannot ascertain in advance the proper compensation. (3) Compensation that cannot be ascertained in advance may be agreed on or adjusted later. (c) (1) In addition to any other staff appointed under this section, the Attorney General may employ special counsel to defend a State officer or State employee under Title 12, Subtitle 3 of this article if the Attorney General determines that representation by the Attorney General or an assistant is impracticable or uneconomical. (2) The special counsel is entitled to compensation, as set by the Attorney General and approved by the Board of Public Works, under Title 12, Subtitle 5 of this article. (d) Each Deputy Attorney General, assistant Attorney General, or special attorney appointed under subsection (a) of this section shall be a practicing lawyer of the State in good standing. (e) (1) The Attorney General may assign any duty that the law imposes on the Attorney General to a Deputy Attorney General, assistant Attorney General, or special attorney appointed under subsection (a) of this section or, to the extent permitted by law, a law clerk. (2) The Deputy Attorney General, assistant Attorney General, special attorney, or law clerk shall perform the assigned duty, subject to the control of the Attorney General. (f) In addition to any other staff appointed under this section, the Attorney General may employ any assistant counsel that the Attorney General considers necessary to carry out any duty of the Office if the employment of the assistant counsel: (1) is on a pro bono basis; (2) will not result in more than minimal cost to the State; and (3) will not result in the payment to the assistant counsel of any portion of the State’s recovery in any case or matter. (g) (1) The Attorney General, in consultation with the Secretary of Budget and Management, may set the pay scale of a position in the Office of the Attorney General that: (i) is unique to the Office of the Attorney General; and (ii) requires specific skills or experience to perform the duties of the position. (2) The Secretary of Budget and Management, in consultation with the Attorney General, shall determine the positions for which the Attorney General may set compensation under paragraph (1) of this subsection.

Md. Code, State Government § 6-106

(a) Except as otherwise provided in this section, the Attorney General has general charge of the legal business of the State. (b) Unless a law expressly provides for a general counsel as the legal adviser and representative of the officer or unit, the Attorney General is the legal adviser of and shall represent and otherwise perform all of the legal work for each officer and unit of the State government. (c) Notwithstanding any other section of law, an officer or unit of the State government may not employ or be represented by a legal adviser or counsel other than the Attorney General or a designee of the Attorney General, except that: (1) (i) an officer or unit of the State government may employ or be represented by a legal adviser or counsel other than the Attorney General or the Attorney General’s designee with prior approval of the Attorney General; and (ii) the approval may be provided under § 6–105(b) or (c) of this subtitle, § 13–107 of the State Finance and Procurement Article, or other authority specified by the Attorney General; (2) a State institution may employ counsel to represent the institution in a habeas corpus proceeding; (3) a unit of the State government may employ counsel if: (i) an investigation by an investigating committee of the General Assembly affects the unit; (ii) the Attorney General represents both the investigating committee and the unit; (iii) the Attorney General gives the Board of Public Works and the unit written notice that representation by the Attorney General involves or reasonably may involve a conflict of interest; and (iv) the Board of Public Works approves the employment of counsel by the unit; (4) the Office of the Public Defender may employ or be represented by a legal adviser or counsel other than the Attorney General or the Attorney General’s designee; and (5) unless otherwise agreed to by the Attorney General and the County Attorney for Montgomery County, the County Attorney for Montgomery County may represent the Montgomery County Department of Health and Human Services in a contested case under Title 10, Subtitle 2 of this article.

Md. Code, State Government § 6-106.1

§6–106.1. (a) The General Assembly finds that: (1) the federal government’s action or failure to take action may pose a threat to the health and welfare of the residents of the State; and (2) the State should investigate and obtain relief from any arbitrary, unlawful, or unconstitutional federal action or inaction and prevent such action or inaction from harming the residents of the State. (b) (1) In addition to any other powers and duties and subject to the requirements of this subsection, the Attorney General may investigate, commence, and prosecute or defend any civil or criminal suit or action that is based on the federal government’s action or inaction that threatens the public interest and welfare of the residents of the State with respect to: (i) protecting the health of the residents of the State and ensuring the availability of affordable health care; (ii) safeguarding public safety and security; (iii) protecting civil liberties; (iv) preserving and enhancing the economic security of workers and retirees; (v) protecting financial security of the residents of the State, including their pensions, savings, and investments, and ensuring fairness in mortgages, student loans, and the marketplace; (vi) protecting the residents of the State against fraud and other deceptive and predatory practices; (vii) protecting the natural resources and environment of the State; (viii) protecting the residents of the State against illegal and unconstitutional federal immigration and travel restrictions; (ix) protecting residents of the State who are employees of the federal government who are not being paid because of a full or partial federal government shutdown due to a lapse in appropriations; (x) protecting residents of the State who were employees of the federal government, and on or after January 1, 2025: 1. were terminated from employment by the federal government due to the closure, relocation, or mass layoff of a unit of the federal government, or other similar circumstances beyond the employees’ control; or 2. separated from employment by the federal government as a result of a voluntary separation incentive payment; (xi) protecting residents of the State who are inappropriately denied federal benefits that they have earned, including Social Security benefits, Medicare, and Veterans Affairs benefits; (xii) protecting residents of the State who are inappropriately denied federal entitlements, including Medicaid; or (xiii) otherwise protecting, as parens patriae, the State’s interest in the general health and well–being of its residents. (2) Except as provided in paragraph (4) of this subsection, before commencing a suit or an action under paragraph (1) of this subsection, the Attorney General shall provide to the Governor: (i) written notice of the intended suit or action; and (ii) an opportunity to review and comment on the intended suit or action. (3) If the Governor objects to the intended suit or action for which notice was provided under this subsection: (i) the Governor shall provide in writing to the Attorney General the reasons for the objection within 10 days after receiving the notice; and (ii) except as provided in paragraph (4) of this subsection, the Attorney General shall consider the Governor’s objection before commencing the suit or action. (4) If the Attorney General determines that emergency circumstances require the immediate commencement of a suit or an action under paragraph (1) of this subsection, the Attorney General shall provide to the Governor notice of the suit or action as soon as reasonably practicable. (c) The Governor’s proposed budget for fiscal year 2019, and for each fiscal year thereafter, shall appropriate at least $2,500,000 to the Attorney General to be used only for: (1) carrying out this section; and (2) employing attorneys in the Office of the Attorney General.

Md. Code, State Government § 6-106.2

§6–106.2. (a) This section applies to an action brought or asserted by the State arising from or related to alleged or threatened injuries to the environment, infrastructure, or the natural resources of the State associated with the allision between the vessel known as the Dali and the Francis Scott Key Bridge on March 26, 2024. (b) (1) In this section the following words have the meanings indicated. (2) “Proportionate share of liability” means the percentage of comparative responsibility assigned by a judge or jury to a settling party in accordance with this section. (3) “Responsible person” means a person alleged to be liable in an action governed by this section. (c) In an action governed by this section, the judge or jury shall: (1) make a determination of the total liability, including damages, costs, and any other available relief; (2) assign comparative responsibility to each party joined in the action, including all defendants, third–party defendants, intervenors, and any other named party, based on the party’s relative degree of fault or responsibility for the total liability; and (3) if equity requires, determine the liability of a group of related persons on a collective basis. (d) If the State has not obtained complete relief from a responsible person who has resolved the person’s liability to the State in a settlement of an action governed by this section, the State may: (1) continue to pursue an action against any other responsible person who has not resolved the person’s liability to the State; or (2) bring a new action against any other responsible person who has not resolved the person’s liability to the State. (e) Notwithstanding any other provision of State law: (1) the Maryland Uniform Contribution Among Joint Tort–Feasors Act under Title 3, Subtitle 14 of the Courts Article does not apply to an action governed by this section; (2) if a responsible person resolves the person’s liability to the State in a settlement of an action governed by this section, the person may not be liable for claims for noncontractual contribution or indemnity regarding any action or claim resolved in the settlement; and (3) a settlement of an action governed by this section that resolves the liability of a responsible person: (i) does not release from liability any other responsible person except as specifically provided in the terms of the settlement; but (ii) reduces the potential liability of all other responsible persons liable in whole or in part by the larger of: 1. the settling person’s proportionate share of liability; or 2. the amount the settling person pays to settle the action. (f) This section may not be construed to: (1) impair any express contractual rights; (2) create new types of actions or claims; (3) alter the burden of proof, causation standard, or elements of an action or claim governed by this section; or (4) grant authority to the State or the Attorney General to bring actions or claims not otherwise authorized by law.

Md. Code, State Government § 6-107

(a) The Attorney General is the legal adviser of and shall represent and otherwise perform all of the legal work for: (1) the Board of Supervisors of Elections of Baltimore City; (2) the Board of Liquor Commissioners of Baltimore City; and (3) the Sheriff of Baltimore City. (b) (1) The Attorney General may advise or represent a political subdivision of the State or any of its officers, employees, or agents as to a matter that relates to State or federal antitrust law. (2) Representation under this subsection may include an appearance in an action or administrative proceeding to defend the subdivision, officer, employee, or agent. (3) The Attorney General may require a political subdivision to pay into the General Fund of the State reimbursement for the costs of defending the subdivision in an action or proceeding. (4) This subsection does not deprive any political subdivision, officer, employee, or agent of any right to retain counsel, at the expense of the subdivision, officer, employee, or agent.

Md. Code, State Government § 6-108

(a) The Attorney General or any Deputy Attorney General or assistant Attorney General whom the Attorney General designates may: (1) become a member of an organization of attorneys general of other states or their deputies or assistants and, as provided in the State budget, contribute to the expenses of the organization; and (2) use the services of the Council of State Governments and, as provided in the State budget, contribute to the cost of the services. (b) (1) On January 1 of each year, the Attorney General shall submit an annual report to the Governor and, in accordance with § 2–1257 of this article, the General Assembly. (2) The annual report shall: (i) describe the business and proceedings of the Office during the preceding calendar year; and (ii) include any recommendations that the Attorney General considers appropriate. (c) The Attorney General shall keep the following records until they are disposed of in accordance with § 10–616 of this article: (1) a copy of the pleadings in each suit, action, or other proceeding of which the Office has charge; (2) a complete and current docket of those proceedings; (3) a copy of each written opinion that the Office issues; and (4) an abstract of each title that the Office examines or has examined. (d) The Attorney General annually shall publish on the website of the Attorney General: (1) the opinions that the Office issued during the preceding calendar year; and (2) the annual report for that preceding calendar year. (e) (1) The papers of the Office shall be filed in its offices until disposed of in accordance with § 10–616 of this article. (2) The papers and books of the Office shall be indexed so that they are readily accessible.

Md. Code, State Government § 6-109

(a) (1) In this section the following words have the meanings indicated. (2) “Department” means the Department of Assessments and Taxation. (3) “Governing body” means the head, board, council, board of directors, or other governing body of a State agency. (b) (1) A State agency not represented by the Attorney General shall designate a citizen of this State who resides in this State, a Maryland corporation, or an officer of the State agency as its resident agent and change its resident agent by filing for record with the Department a certified copy of a resolution of its governing body that authorizes the designation or change. (2) A State agency may change the address for its resident agent by filing for record with the Department a statement of the change signed by the chairman or other principal officer of its governing body. (c) (1) A resident agent whose address changes may notify the Department by filing for record with the Department a statement of the change signed by or for the resident agent. (2) A resident agent may resign by filing with the Department a statement of resignation. (d) There is no fee for a filing under this section. (e) A designation, change of agent, change of address, or resignation is effective as provided in the Corporations and Associations Article for a corporate resident agent. (f) (1) Service of process on a resident agent of a State agency constitutes effective service of process under the Maryland Rules on the State agency in an action, suit, or proceeding that is pending, filed, or instituted against the State agency. (2) Any notice required by law to be served by personal service on a resident agent or other agent or officer of a State agency may be served in the manner provided by the Maryland Rules relating to service of process on State agencies. (3) Service under the Maryland Rules is equivalent to personal service on a resident agent or other agent or officer of a State agency.

Md. Code, State Government § 6-110

(a) The Chief Deputy Attorney General shall serve as acting Attorney General if the Attorney General temporarily is unable or unavailable to carry out the duties of office. (b) If the Attorney General gives the Chief Deputy Attorney General written notice of a temporary inability or unavailability, the acting Attorney General shall serve: (1) on and after the date that the Attorney General sets in the notice; and (2) until the Attorney General gives the acting Attorney General written notice that the Attorney General is able to carry out the duties of office. (c) If the Attorney General has not given notice, but the members of the Board of Public Works and the presiding officers of the General Assembly, by a majority vote, make a formal, written determination of a temporary inability or unavailability of the Attorney General, the Chief Deputy Attorney General shall serve as acting Attorney General: (1) on and after the date of the determination; and (2) until the members of the Board of Public Works and the presiding officers of the General Assembly, by a majority vote, determine and give the Attorney General and the acting Attorney General written notice that the Attorney General is able to carry out the duties of office. (d) (1) On petition of any member of the Board of Public Works, a presiding officer of the General Assembly, the Attorney General, or the acting Attorney General, a circuit court has exclusive original jurisdiction to determine any issue that arises under this section and to pass any appropriate order. (2) Except for cases that the court considers of greater importance, a proceeding under this section, including an appeal, shall: (i) take precedence on the docket; (ii) be heard at the earliest practicable date; and (iii) be expedited in every way.

Md. Code, State Government § 6-111

(a) (1) In this section the following words have the meanings indicated. (2) “Collateral immigration enforcement” means federal immigration enforcement actions that affect individuals who are not the primary target of the enforcement action but are present at the location of the enforcement action. (3) “Immigration enforcement” means federal immigration enforcement actions. (4) “Sensitive location” means: (i) a public school; (ii) a public library; (iii) a health care facility operated by a unit of State or local government; (iv) a facility operated by the Comptroller; (v) a courthouse; or (vi) any other location that: 1. provides State–funded services related to: A. physical or mental health; B. education; C. shelter care; or D. access to justice; and 2. as determined by the Attorney General, requires special consideration for immigration enforcement activities. (b) The Attorney General shall develop and publish guidance that informs the public and relevant State agencies about: (1) delineating between immigration enforcement within the public portions of sensitive locations and the nonpublic or private portions of sensitive locations; (2) verifying the identity of immigration enforcement agents and validating immigration enforcement documentation seeking specific individuals; (3) limiting liability exposure for State, local, and private institutions and the participation of the employees of those institutions in immigration enforcement at sensitive locations; (4) facilitating relationships between federal law enforcement officers and State and local officials and law enforcement officers in order to conduct immigration enforcement activities through the least dangerous and disruptive means; and (5) complying with existing legal obligations and limitations on State and local agencies while maintaining public safety and accessibility to those agencies. (c) Private entities are encouraged to adopt policies consistent with the guidance developed under subsection (b) of this section if the private entities provide services related to: (1) physical or mental health; (2) education; (3) shelter care; or (4) access to justice. (d) On or before October 1, 2025, each public school, public library, and unit of the Executive Branch of State or local government that operates at a sensitive location shall implement a policy consistent with the guidance issued by the Attorney General under this section. (e) The guidance and policies required by this section are not subject to Title 10, Subtitles 1, 2, and 3 of this article.

Md. Code, State Government § 6-301

(a) In this subtitle the following words have the meanings indicated. (b) “Commissioner” means the Maryland Insurance Commissioner. (c) “Division” means the People’s Insurance Counsel Division in the Office of the Attorney General. (d) “Health care provider” has the meaning stated in § 3-2A-01 of the Courts Article. (e) “Homeowner’s insurer” means an insurer that issues or delivers a policy or contract of homeowner’s insurance in the State. (f) “Insurance consumers” means persons insured under policies or contracts of medical professional liability insurance, and homeowner’s insurance issued or delivered in the State by a medical professional liability insurer or a homeowner’s insurer. (g) “Insurer” means a medical professional liability insurer or a homeowner’s insurer authorized to engage in the insurance business in the State under a certificate of authority issued by the Commissioner. (h) “Medical injury” has the meaning stated in § 3-2A-01 of the Courts Article. (i) “Medical professional liability insurer” means an insurer that issues or delivers a policy in the State that insures a health care provider against damages due to medical injury. (j) “Premium” has the meaning stated in § 1-101 of the Insurance Article to the extent it is allocable to this State.

Md. Code, State Government § 6-302

(a) (1) There is a People’s Insurance Counsel Division in the Office of the Attorney General. (2) The Attorney General shall appoint the People’s Insurance Counsel with the advice and consent of the Senate. (b) The People’s Insurance Counsel serves at the pleasure of the Attorney General. (c) The People’s Insurance Counsel shall have been admitted to practice law in the State. (d) The People’s Insurance Counsel shall devote full time to the duties of the Office. (e) The People’s Insurance Counsel is entitled to compensation as provided in the State budget. (f) The People’s Insurance Counsel and employees of the Division may not hold an official relation to or have any pecuniary interest in an insurer, insurance agency, or insurance transaction, other than as a policyholder or claimant under a policy.

Md. Code, State Government § 6-303

(a) The Office of the Attorney General shall include in its annual budget sufficient money for the administration and operation of the Division. (b) The Division may retain as necessary for a particular matter or employ experts in the field of insurance regulation, including accountants, actuaries, and lawyers. (c) The People’s Insurance Counsel shall direct the Division.

Md. Code, State Government § 6-304

(a) The Commissioner shall: (1) collect an annual assessment from each medical professional liability insurer and homeowner’s insurer for the costs and expenses incurred by the Division in carrying out its duties under this subtitle; and (2) deposit the amounts collected into the People’s Insurance Counsel Fund established under § 6–305 of this subtitle. (b) The assessment payable by a medical professional liability insurer or homeowner’s insurer is the product of the fraction obtained by dividing the gross direct premium written by the medical professional liability insurer or homeowner’s insurer in the prior calendar year by the total amount of gross direct premium written by all medical professional liability insurers or homeowner’s insurers in the prior calendar year, multiplied by the amount of the total costs and expenses under subsection (a)(1) of this section. (c) (1) The assessment collected under this section is: (i) in addition to any penalties or premium tax imposed under the Insurance Article; and (ii) due and payable to the Commissioner on or before a date determined by the Commissioner each year. (2) (i) Failure by an insurer to pay an assessment fee on or before the due date shall subject the insurer to the provisions of §§ 4-113 and 4-114 of the Insurance Article. (ii) In addition to the penalty imposed under subparagraph (i) of this paragraph, if an assessment fee is not paid on or before the due date, the Commissioner may impose a penalty of 5% of the amount due and interest at the rate determined under § 13-701(b)(1) of the Tax - General Article from the due date until payment is made to the Commissioner.

Md. Code, State Government § 6-305

(a) In this section, “Fund” means the People’s Insurance Counsel Fund. (b) There is a People’s Insurance Counsel Fund. (c) The purpose of the Fund is to pay all costs and expenses incurred by the Division in carrying out its duties under this subtitle. (d) The Fund shall consist of: (1) all revenue deposited into the Fund that is received through the imposition and collection of the assessment under § 6-304 of this subtitle; and (2) income from investments that the State Treasurer makes for the Fund. (e) (1) Expenditures from the Fund may be made only by: (i) an appropriation from the Fund approved by the General Assembly in the annual State budget; or (ii) the budget amendment procedure provided for in § 7-209 of the State Finance and Procurement Article. (2) (i) If, in any fiscal year, the amount of the assessment revenue collected by the Commissioner and deposited into the Fund exceeds the actual costs and expenses incurred by the Division to carry out its duties under this subtitle, the excess amount shall be carried forward within the Fund for the purpose of reducing the assessment imposed by the Commissioner for the following fiscal year. (ii) If, in any fiscal year, the amount of the assessment revenue collected by the Commissioner and deposited into the Fund is insufficient to cover the actual expenditures incurred by the Division to carry out its duties under this subtitle, and expenditures are made in accordance with the budget amendment procedure provided for in § 7-209 of the State Finance and Procurement Article, an additional assessment may be made. (f) (1) The State Treasurer is the custodian of the Fund. (2) The Fund shall be invested and reinvested in the same manner as State funds. (3) The State Treasurer shall deposit payments received from the Commissioner into the Fund. (g) (1) The Fund is a continuing, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article. (2) No part of the Fund may revert or be credited to: (i) the General Fund of the State; or (ii) a special fund of the State, unless otherwise provided by law.

Md. Code, State Government § 6-306

(a) (1) The Division shall evaluate each medical professional liability insurance and homeowner’s insurance matter pending before the Commissioner to determine whether the interests of insurance consumers are affected. (2) If the Division determines that the interests of insurance consumers are affected, the Division may appear before the Commissioner and courts on behalf of insurance consumers in each matter or proceeding over which the Commissioner has original jurisdiction. (b) (1) The Division shall review any rate increase of 10% or more filed with the Commissioner by a medical professional liability insurer or homeowner’s insurer. (2) If the Division finds that the rate increase is excessive, inadequate, or unfairly discriminatory, the Division shall appear before the Commissioner on behalf of insurance consumers in any hearing on the rate filing. (c) As the Division considers necessary, the Division shall conduct investigations and request the Commissioner to initiate an action or proceeding to protect the interests of insurance consumers.

Md. Code, State Government § 6-307

(a) In appearances before the Commissioner and courts on behalf of insurance consumers, the Division has the rights of counsel for a party to the proceeding, including the right to: (1) summon witnesses, present evidence, and present argument; (2) conduct cross-examination and submit rebuttal evidence; and (3) take depositions in or outside of the State: (i) in proceedings before the Commissioner, subject to regulation by the Commissioner to prevent undue delay; and (ii) in proceedings in court, in accordance with the procedure provided by law or rule of court. (b) The Division may appear before any federal or State tribunal or agency, in a judicial or administrative action, to protect the interests of insurance consumers. (c) (1) Except as otherwise provided in the Insurance Article and any applicable freedom of information act, the Division shall have full access to the Commissioner’s records, including rate filings and supplementary rate information filed with the Commissioner by a medical professional liability insurer or homeowner’s insurer under Title 11 of the Insurance Article, and shall have the benefit of all other facilities or information of the Commissioner. (2) The Division is entitled to the assistance of the Commissioner’s staff if: (i) the staff determines that the assistance is consistent with the staff’s responsibilities; and (ii) the staff and the Division agree that the assistance, in a particular matter, is consistent with their respective interests. (d) The Division may recommend to the General Assembly legislation on any matter that the Division considers would promote the interests of insurance consumers.

Md. Code, State Government § 6-308

On or before January 1 of each year, the Division shall report to the Governor and, subject to § 2-1257 of this article, to the General Assembly on the activities of the Division during the prior fiscal year.

Md. Code, State Government § 6-502

(a) There is a Special Education Ombudsman in the Office of the Attorney General. (b) The purpose of the Ombudsman is to serve as a resource to provide information and support to parents, students, and educators regarding special education rights and services.

Md. Code, State Government § 6-503

(a) The Attorney General shall appoint the Ombudsman. (b) Salaries of the Ombudsman and staff under the Ombudsman and expenses related to the operation of the toll–free telephone number established under § 6–505 of this subtitle, rent, equipment, supplies, and general operations shall be as provided in the State budget. (c) In cooperation with the Secretary of Budget and Management, the Attorney General shall set minimum salary, qualifications, and experience standards for the Ombudsman and any staff under the Ombudsman.

Md. Code, State Government § 6-504

(a) The Ombudsman shall: (1) serve as a source of knowledge and information on the State and federal laws, rules, and regulations governing the education of students with disabilities for parents, students, educators, and interested members of the public; (2) provide impartial information to the parents of students with disabilities on how to navigate the process of obtaining special education evaluations and services; (3) provide impartial information to parents, public schools, and educators on the procedures for resolving disagreements and disputes regarding the provision of special education or disciplinary action taken against students with disabilities; (4) explain to parents of children with disabilities the rights of parents and students and how the parents may avail themselves of those rights; (5) work neutrally and objectively with all persons to ensure that the special education system functions as intended; (6) identify any patterns of complaints made by parents of students with disabilities and inform the State Department of Education about any such pattern; and (7) serve as a general resource for disability–related information and make referrals to available State and federal services and programs for individuals with disabilities. (b) In performing the duties assigned under this section, the Ombudsman shall treat all communications as confidential and may reveal the details of any communication only if: (1) necessary to achieve the Ombudsman’s duties; and (2) done in accordance with applicable State and federal law.

Md. Code, State Government § 6-505

The Ombudsman shall arrange for a toll–free telephone number, available in English as well as other appropriate languages, to assist an individual seeking information or advice about special education.

Md. Code, State Government § 6-506

On or before July 1, 2022, and each July 1 thereafter, the Ombudsman shall, consistent with federal and State privacy laws and in accordance with § 2–1257 of this article, submit a report to the Senate Education, Health, and Environmental Affairs Committee and the House Committee on Ways and Means that includes: (1) the number and type of calls received on the toll–free telephone number during the previous year; (2) any patterns of complaints filed by parents identified under § 6–504(a)(7) of this subtitle; (3) a summary of the services provided by the Ombudsman during the previous year; and (4) any recommendations the Ombudsman determines are appropriate and necessary concerning the State’s implementation of special education services and procedures.

Md. Code, State Government § 6-601

(a) In this subtitle the following words have the meanings indicated. (b) “Division” means the Independent Investigations Division in the Office of the Attorney General. (c) “Police officer” has the meaning stated in § 3–201 of the Public Safety Article.

Md. Code, State Government § 6-602

(a) There is an Independent Investigations Division within the Office of the Attorney General. (b) (1) The Division is the primary investigative unit for police–involved incidents that result in the death of individuals or injuries likely to result in death. (2) The Office of the Attorney General shall determine whether an incident is police–involved and whether an injury is likely to result in death. (c) (1) The Division shall investigate all police–involved incidents that result in the death of an individual or injuries that are likely to result in the death of an individual. (2) (i) Subject to subparagraph (ii) of this paragraph, a State’s Attorney may refer for investigation by the Division a police–involved incident resulting in serious bodily injury to an individual that is not otherwise within the jurisdiction of the Division under paragraph (1) of this subsection. (ii) The Division may, in its discretion, decline to investigate an incident referred by a State’s Attorney under subparagraph (i) of this paragraph. (3) The Division may investigate any other crime related to police misconduct that is discovered during an investigation under paragraph (1) or (2) of this subsection. (d) In conducting an investigation under subsection (c) of this section, the Division may act with the full powers, rights, privileges, and duties of a State’s Attorney, including the use of a grand jury in any county. (e) To investigate under this section alleged criminal offenses committed by police officers, the Division may: (1) detail one or more police officers employed by the Department of State Police; and (2) employ other civilian personnel as needed. (f) On or before January 31 each year, the Division shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the activities of the Division in the prior calendar year, including: (1) the number of investigations that were conducted by the Division; and (2) the number of prosecutions that were initiated as a result of an investigation by or a referral to the Division. (g) (1) The Governor annually shall include funding in the State budget sufficient to provide for the full and proper operation of the Division. (2) Funds provided in accordance with this subsection shall supplement and may not supplant any other funding provided to the Division.

Md. Code, State Government § 6-603

(a) (1) For the limited purpose of furthering an ongoing criminal investigation under this subtitle, the Attorney General or a Deputy Attorney General or an assistant Attorney General designated in writing by the Attorney General may issue in any court in the State a subpoena to a person to produce telephone, business, government, or corporate records or documents. (2) A subpoena issued under this subsection may be served in the same manner as a subpoena issued by a circuit court. (b) (1) A person may have an attorney present during any contact made under subsection (a) of this section with the Attorney General or the Attorney General’s designee. (2) The Attorney General or the Attorney General’s designee shall advise a person of the right to counsel when the subpoena is served. (c) (1) (i) If a person fails to obey a lawfully served subpoena under subsection (a) of this section, the Attorney General or the Attorney General’s designee may report the failure to obey the subpoena to the circuit court with jurisdiction over the matter. (ii) The Attorney General or the Attorney General’s designee shall provide a copy of the subpoena and proof of service to the circuit court. (2) After conducting a hearing at which the person that allegedly failed to comply with a subpoena issued under subsection (a) of this section has had an opportunity to be heard and be represented by counsel, the court may grant appropriate relief. (d) This section does not allow the contravention, denial, or abrogation of a privilege or right recognized by law.

Md. Code, State Government § 6-604

(a) (1) Except as provided in subsection (b) of this section, if the Attorney General determines that an investigation conducted under § 6–602 of this subtitle provides sufficient grounds for the prosecution of a criminal offense discovered in the course of the investigation, the Attorney General shall have exclusive authority to prosecute the offense. (2) The Attorney General, in the Attorney General’s discretion, may prosecute a police–involved incident not otherwise within the investigative jurisdiction of the Division under § 6–602(c) of this subtitle if the incident is referred by a State’s Attorney to the Attorney General for prosecution. (b) A State’s Attorney may prosecute a criminal offense described in subsection (a)(1) of this section only if the Attorney General requests that the State’s Attorney prosecute the offense.

Md. Code, State Government § 6-701

(a) In this subtitle the following words have the meanings indicated. (b) “Chief Counsel” means the Chief Counsel of Environmental and Natural Resources Crimes. (c) “Unit” means the Environmental and Natural Resources Crimes Unit of the Office of the Attorney General.

Md. Code, State Government § 6-702

(a) (1) There is an Environmental and Natural Resources Crimes Unit of the Office of the Attorney General. (2) The function of the Unit is to: (i) investigate and prosecute cases against persons that violate State criminal environmental and natural resources laws; and (ii) investigate and prosecute any other criminal offense discovered in the course of an investigation under this subtitle. (3) In conducting an investigation and prosecuting cases under this subtitle, the Unit may act with the full powers, rights, privileges, and duties of a State’s Attorney, including the use of a grand jury in any county. (b) (1) The Unit shall include: (i) a full–time Chief Counsel of Environmental and Natural Resources Crimes; and (ii) staff, including assistant attorneys general, investigators, and administrators, as provided in the State budget. (2) Salaries of the Chief Counsel and staff, and expenses for rent, travel, equipment, supplies, and general operating expenses necessary for the work of the Unit shall be as provided in the State budget. (3) In cooperation with the Secretary of Budget and Management, the Attorney General shall set minimum salaries, qualifications, and standards of training and experience for positions within the Unit. (c) The Unit shall investigate and prosecute the State’s criminal environmental and natural resource laws. (d) On or before November 30 each year, the Attorney General shall report to the Governor, and, in accordance with § 2–1257 of this article, the General Assembly on all the activities of the Unit and any actions taken by the Department of the Environment or the Department of Natural Resources in response to findings and recommendations of the Unit.

Md. Code, State Government § 6-703

(a) (1) For the limited purpose of furthering an ongoing criminal investigation under this subtitle, the Attorney General or a Deputy Attorney General or an assistant attorney general designated in writing by the Attorney General may issue in any court in the State a subpoena to a person to produce telephone, business, government, or corporate records or documents. (2) A subpoena issued under this subsection may be served in the same manner as a subpoena issued by a circuit court. (b) (1) A person may have an attorney present during any contact made under subsection (a) of this section with the Attorney General or an agent of the Attorney General. (2) The Attorney General shall advise a person of the right to counsel when the subpoena is served. (c) (1) (i) If a person fails to obey a lawfully served subpoena under subsection (a) of this section, the Attorney General may report the failure to obey the subpoena to the circuit court with jurisdiction over the matter. (ii) The Attorney General shall provide a copy of the subpoena and proof of service to the circuit court. (2) After conducting a hearing at which the person that allegedly failed to comply with a subpoena issued under subsection (a) of this section has had an opportunity to be heard and be represented by counsel, the court may grant appropriate relief. (d) This section does not allow the contravention, denial, or abrogation of a privilege or right recognized by law.

Md. Code, State Government § 6-802

(a) There is a Commission on Hate Crime Response and Prevention in the Office of the Attorney General. (b) The Commission consists of the following members, appointed by the Attorney General: (1) 15 individuals who represent or advocate on behalf of individuals who are members of a protected class under the State hate crime laws as set forth in Title 10, Subtitle 3 of the Criminal Law Article appointed by the Attorney General with the advice and consent of the Senate; (2) one representative of the Maryland Association of Human Relations/Human Rights Agencies; (3) one representative of the Maryland Chiefs of Police Association; (4) one representative of the Maryland Commission on Civil Rights; (5) one representative of the Maryland Coordination and Analysis Center; (6) one representative of the Maryland Center for School Safety; (7) one representative of the Maryland Sheriffs’ Association; (8) one representative of the Maryland State’s Attorneys’ Association; (9) one representative of the Office of the Public Defender; and (10) two members of the general public. (c) (1) The term of an appointed member of the Commission is 4 years. (2) The terms of the appointed members are staggered as required by the terms provided for members of the Commission on June 1, 2024. (3) At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies. (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. (d) (1) The Attorney General, or the Attorney General’s designee, is the chair of the Commission. (2) The Office of the Attorney General shall provide staff for the Commission. (e) In fiscal year 2025 and in each fiscal year thereafter, the Governor shall include funds in the State budget to implement this section, including funds to: (1) employ a full–time assistant Attorney General to staff the Commission; and (2) operate and maintain the office. (f) (1) A majority of members of the Commission shall constitute a quorum for the transaction of business. (2) The Commission may adopt rules governing the administration and proceedings of the Commission. (g) A member of the Commission: (1) may not receive compensation as a member of the Commission; but (2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. (h) The Commission shall: (1) develop strategies to prevent and respond to hate crime activity; and (2) evaluate State laws and policies relating to hate crimes. (i) (1) On or before December 1 each year, beginning in 2024, the Commission shall report to the State Department of Education on policy recommendations to address hate crimes that occur in schools. (2) On or before December 1 each year, beginning in 2024, the Commission shall report to the General Assembly, in accordance with § 2–1257 of this article, on legislative recommendations to address hate crimes in the State.

Md. Code, State Government § 6-901

(a) This section may not be construed to allow the contravention, denial, or abrogation of a privilege or right recognized by law. (b) (1) For the limited purpose of furthering an ongoing health care fraud investigation under the Maryland False Health Claims Act or other civil authority, the Attorney General, a Deputy Attorney General, or an Assistant Attorney General designated in writing by the Attorney General may issue in any court in the State a subpoena requiring a person to: (i) produce documentary material for inspection, copying, or reproduction; (ii) answer, under oath and in writing, written interrogatories; (iii) give sworn oral testimony; or (iv) provide any combination of items (i), (ii), and (iii) of this paragraph. (2) A subpoena issued under paragraph (1) of this subsection may be served in the same manner as a subpoena issued by a circuit court. (c) (1) (i) If a person fails to obey a lawfully served subpoena issued under subsection (b) of this section, the Attorney General may report a failure to obey the subpoena to the circuit court with jurisdiction over the matter. (ii) The Attorney General shall provide a copy of the subpoena and proof of service to the circuit court. (2) After conducting a hearing at which the person who allegedly failed to comply with a subpoena issued under subsection (b) of this section has had an opportunity to be heard and be represented by counsel, the court may grant appropriate relief.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

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