Case law

Maryland Attorney General Opinion 106OAG038

Maryland Attorney General Reports · Mar 22, 2021

Pursuant to that provision, the General Assembly has established a statutory scheme for the administration of the budget. … Based on those principles, we can say with confidence that certain conditions would clearly be beyond the Board’s authority to impose.

107 OAG 153 (FINAL)

Maryland Attorney General Reports · Dec 7, 2022

Licensed medical cannabis dispensaries may not be penalized for distributing “medical cannabis, products containing medical cannabis, related supplies, or educational materials for use by a qualifying patient, a caregiver … It is clearly not a “search” under the Fourth Amendment for officers to use their own noses to smell cannabis emanating from a car, because a person has no reasonable expectation of privacy in odors that waft into a public

Maryland Attorney General Opinion 107OAG093

Maryland Attorney General Reports · Apr 13, 2022

See Draft Bill Establishing Baltimore City Tow Board, Bill File on H.B. 1303, 1989 Leg., Reg. Sess. … the vehicle was towed, or if no limit is established, no more than $250 for towing or $30 per day for storage.”

(2007)

92 Op. Att'y Gen. 12 · Maryland Attorney General Reports · Jun 14, 2007

However, that rule of construction is qualified by the phrase "unless an unwarranted invasion of privacy of a person in interest would result." Id. … In this case, the ordinance in question is virtually identical to a model established in State law and the pertinent State law requires that the ordinance be "similar" to a State statute.

Maryland Attorney General Opinion 104OAG062

Maryland Attorney General Reports · Sep 5, 2019

When the statutory language, read in context, “is unambiguous and clearly consistent with the statute’s apparent purpose,” the inquiry “ordinarily” ends. Id. at 275. … Somewhat similarly, the District of Columbia’s sick leave law provides that “[n]othing in this subchapter shall prohibit an employer from establishing and enforcing a lawful policy relating to improper use of paid leave or

Budgetary AdministrationBoard of Public Works – Administrative Law – Reduction of Appropriations – Whether the Board of Public Works May Reconsider its Prior Approval of Budget Reductions Proposed by the Governor Under Section 7-213 of the State Finance & Procurement Article – Whether the Board May Impose Certain Conditions on Approval of Such Reductions.

Maryland Attorney General Reports · Apr 26, 2021

Pursuant to that provision, the General Assembly has established a statutory scheme for the administration of the budget. … Based on those principles, we can say with confidence that certain conditions would clearly be beyond the Board’s authority to impose.

Budgetary AdministrationBoard of Public Works – Administrative Law – Reduction of Appropriations –Whether the Board of Public Works May Reconsider its Prior Approval of Budget Reductions Proposed by the Governor Under Section 7-213 of the State Finance & Procurement Article –Whether the Board May Impose Certain Conditions on Approval of Such Reductions.

Maryland Attorney General Reports · Mar 23, 2021

Pursuant to that provision, the General Assembly has established a statutory scheme for the administration of the budget. … Based on those principles, we can say with confidence that certain conditions would clearly be beyond the Board’s authority to impose.

Maryland Attorney General Opinion 108OAG81

Maryland Attorney General Reports · Sep 15, 2023

Answering the first question is straightforward: if enacted by the County Council, the STEP Act would clearly be a “local law” or “ordinance” within the meaning of TR § 25-101.1. … regulation,” and there is at least a question as to whether an executive branch agency’s internal policy, which is subject to change at any time and merely communicates how the agency plans to exercise its discretion, would qualify

EnvironmentLand Use & Planning – Growth Tiers – Whether a Local Jurisdiction is Prohibited From Authorizing Major Subdivisions Served by Septic Systems if The Jurisdiction's Growth Tiers Do Not Comply With the Statutory Criteria – Whether the State Must Enforce Violations of the Statute

Maryland Attorney General Reports · Mar 7, 2019

However, Maryland had never established an overall mechanism for managing discharges from the septics sector. 3. … Laws, ch. 149, Preamble (explaining that the Legislature intended to use “established planning processes” to achieve the Act’s purposes).

(2005)

90 Op. Att'y Gen. 195 · Maryland Attorney General Reports · Dec 16, 2005

See also 76 Opinions of the Attorney General 351, 354-56 (1991) (applying analysis described in Hughes and concluding that proposed legislation imposing benefits limits in order to allow the pension system to retain tax-qualified … The statute establishing the reserve fund does not create any specific obligation to retirees.

107oag093

Maryland Attorney General Reports · Apr 18, 2022

See Draft Bill Establishing Baltimore City Tow Board, Bill File on H.B. 1303, 1989 Leg., Reg. Sess. … the vehicle was towed, or if no limit is established, no more than $250 for towing or $30 per day for storage.”

Maryland Attorney General Opinion 106OAG003

Maryland Attorney General Reports · Feb 18, 2021

Once a student was accepted, the original bill also established a strict process to be used “[i]n deciding to deny or limit a student’s access to campus residency or participation in a particular activity or aspect of campus … If the language “is unambiguous and clearly consistent with the statute’s apparent purpose,” then the inquiry ordinarily ends there. Id. at 275.

Maryland Attorney General Opinion 103OAG018

Maryland Attorney General Reports · Dec 4, 2018

As an initial matter, the Act defines “employee” to exclude workers (1) who qualify as independent contractors under LE § 8-205, (2) who serve as real- estate brokers paid by commission under LE § 9-222, (3) who are under … If the statutory language, read in context, “is unambiguous and clearly consistent with the statute’s apparent purpose,” the inquiry will “ordinarily” end, “and we apply the statute as written, without resort to other rules

108OAG81

Maryland Attorney General Reports · Sep 22, 2023

Answering the first question is straightforward: if enacted by the County Council, the STEP Act would clearly be a “local law” or “ordinance” within the meaning of TR § 25-101.1. … regulation,” and there is at least a question as to whether an executive branch agency’s internal policy, which is subject to change at any time and merely communicates how the agency plans to exercise its discretion, would qualify

Labor & EmploymentSick and Safe Leave – Whether Employers May Apply Absence Control Policies to Prevent Abuse of Sick and Safe Leave

Maryland Attorney General Reports · Sep 10, 2019

When the statutory language, read in context, “is unambiguous and clearly consistent with the statute’s apparent purpose,” the inquiry “ordinarily” ends. Id. at 275. … Somewhat similarly, the District of Columbia’s sick leave law provides that “[n]othing in this subchapter shall prohibit an employer from establishing and enforcing a lawful policy relating to improper use of paid leave or

Maryland Attorney General Opinion 98 OAG 023

Maryland Attorney General Reports · May 13, 2013

regulations and rules necessary to secure the prompt and efficient discharge of their duties. 62 Md. 566, 575-76 (1884).4 The Court of Appeals observed in Prettyman that “[t]he object of the provision was clearly … When qualified, every deputy shall have the power and authority to act in the place of the register and every act Gen. 23] 49 performed

AdmissionsCriminal History – Whether Higher Education Institutions May Rescind a Student's Admission on the Basis of Criminal History Discovered After Enrollment – Whether the Maryland Fair Access to Education Act Applies to Juvenile Records

Maryland Attorney General Reports · Mar 23, 2021

Once a student was accepted, the original bill also established a strict process to be used “[i]n deciding to deny or limit a student’s access to campus residency or participation in a particular activity or aspect of campus … If the language “is unambiguous and clearly consistent with the statute’s apparent purpose,” then the inquiry ordinarily ends there. Id. at 275.

AdmissionsCriminal History – Whether Higher Education Institutions May Rescind a Student's Admission on the Basis of Criminal History Discovered After Enrollment – Whether the Maryland Fair Access to Education Act Applies to Juvenile Records

Maryland Attorney General Reports · Feb 23, 2021

Once a student was accepted, the original bill also established a strict process to be used “[i]n deciding to deny or limit a student’s access to campus residency or participation in a particular activity or aspect of campus … If the language “is unambiguous and clearly consistent with the statute’s apparent purpose,” then the inquiry ordinarily ends there. Id. at 275.

(2007)

92 Op. Att'y Gen. 26 · Maryland Attorney General Reports · Jun 14, 2007

The statute established a CJIS Central Repository in the Department of Public Safety and Correctional Services ("DPSCS"). … Of course, each of these listed concerns would also justify withholding a record from a requester who does not qualify as a "person in interest." In Pemberton , 66 Md.

Labor & EmploymentPublic Schools – Sick And Safe Leave – StatutoryConstruction – Whether Daily SubstituteTeachers Are Excluded From Earning Sick AndSafe Leave Under The Maryland Healthy WorkingFamilies Act

Maryland Attorney General Reports · Dec 27, 2018

As an initial matter, the Act defines “employee” to exclude workers (1) who qualify as independent contractors under LE § 8-205, (2) who serve as real- estate brokers paid by commission under LE § 9-222, (3) who are under … If the statutory language, read in context, “is unambiguous and clearly consistent with the statute’s apparent purpose,” the inquiry will “ordinarily” end, “and we apply the statute as written, without resort to other rules