Case law

Maryland Attorney General Opinion 95 OAG 056

Maryland Attorney General Reports · Feb 23, 2010

No. 110-140, 121 Stat. 1492, Congress established a Smart Grid Investment Matching Grant Program. … Under the program as originally enacted, the Secretary was directed to establish a fund and implement a grant program to provide up to 20% of qualifying Smart Grid investments for public utilities. Id.

(2010)

95 Op. Att'y Gen. 56 · Maryland Attorney General Reports · Feb 23, 2010

No. 110-140 , 121 Stat. 1492 , Congress established a Smart Grid Investment Matching Grant Program. … Under the program as originally enacted, the Secretary was directed to establish a fund and implement a grant program to provide up to 20% of qualifying Smart Grid investments for public utilities. Id.

(2011)

96 Op. Att'y Gen. 61 · Maryland Attorney General Reports · Aug 22, 2011

With particular application to stormwater programs, in Section 313 of the federal Clean Water Act, Congress has waived sovereign immunity and accepted liability as to all reasonable stormwater program service charges assessed … Such an entity must satisfy specific requirements to qualify for each type of State tax exemption.

Maryland Attorney General Opinion 106OAG082

Maryland Attorney General Reports · May 4, 2021

Because Chapter 462 has already been enacted, we need not consider in this opinion whether it was “clearly unconstitutional” under that standard. … the community at issue but who happens to fall on the wrong side of a state or county border could be excluded from the market, while someone who lives farther away from the community, but within the same county, could qualify

(1998)

83 Op. Att'y Gen. 180 · Maryland Attorney General Reports · Nov 9, 1998

For example, the Washington Suburban Sanitary Commission ("WSSC") was held to be a State agency for purposes of applying the legal doctrine of sovereign immunity in Katz v. … General Assembly to strike, reduce, or qualify these appropriations. 68 Opinions of the Attorney General 86, 94-95 (1983) (emphasis added).

(2007)

92 Op. Att'y Gen. 80 · Maryland Attorney General Reports · Jul 18, 2007

Before 2006 The State election law has made provision for absentee voting since 1918 2 and was most recently amended in 2006. 3 The General Assembly has directed the State Board of Elections ("SBE") to establish guidelines … It stated that "Article I, § 3 clearly indicates that the inability to vote personally applies to `absent' voters, not those who find the voting day to be inconvenient." Id. at 90-91. D.

Maryland Attorney General Opinion 106OAG111

Maryland Attorney General Reports · Nov 5, 2021

A statutory definition like GP § 1-113 is generally understood as establishing the default meaning of a term. … Laws, ch. 905, rather than a title clearly treating the statute as definitional, such as “an Act defining the terms ‘newspaper’ and ‘newspaper in general circulation.’”

Maryland Attorney General Opinion 96 OAG 061

Maryland Attorney General Reports · Aug 22, 2011

With particular application to stormwater programs, in Section 313 of the federal Clean Water Act, Congress has waived sovereign immunity and accepted liability as to all reasonable stormwater program service charges assessed … Such an entity must satisfy specific requirements to qualify for each type of State tax exemption.

Maryland Attorney General Opinion 108OAG64

Maryland Attorney General Reports · May 17, 2023

Moreover, the capacity for such devices to produce sounds that disturbed nearby residents was well-established by 1975. … Although it is beyond the scope of this opinion to survey every local jurisdiction to determine whether all of them have been granted the power to adopt noise ordinances, many clearly have that authority.

(2007)

92 Op. Att'y Gen. 3 · Maryland Attorney General Reports · Jun 14, 2007

The statute establishing the B ay Restoration Fee does not itself create a statutory lien. … In any event, Cecil County, lacking home rule, clearly could not create such a lien absent statutory authority.

Maryland Attorney General Opinion 108OAG21

Maryland Attorney General Reports · May 15, 2023

qualified disability expenses (in the case of ABLE). … These considerations, in our view, establish that the General Assembly did not so intend. 1.

Maryland Attorney General Opinion 100OAG003

Maryland Attorney General Reports · Feb 27, 2015

DNR could also authorize its officers to conduct checkpoint inspections for AIS, so long as DNR establishes procedures that clearly define the circumstances under which checkpoints may be set up. … Consequently, the permissibility of a vessel search and seizure would depend on whether it qualifies under one of the “‘few specifically established and well-delineated exceptions’ to the search warrant requirement.”

Maryland Attorney General Opinion 100OAG120

Maryland Attorney General Reports · Oct 21, 2015

The language the Department emphasizes is clearly the language of requirement and, as applied to the Department, it operates as such. … Where the requirement clearly meets and is simply more stringent than a corresponding State requirement, the answer is no and the inquiry ends there.

CountiesCommissioner County Powers –Whether Commissioner Counties May Provide for a Different Definition of "Newspaper" than Provided in Section 1-113 of The General Provisions Article – Whether a Change in the Definition of "Newspaper" Would Be an "Administrative Act" that Could Be Taken Without a Public Hearing

Maryland Attorney General Reports · Nov 9, 2021

A statutory definition like GP § 1-113 is generally understood as establishing the default meaning of a term. … Laws, ch. 905, rather than a title clearly treating the statute as definitional, such as “an Act defining the terms ‘newspaper’ and ‘newspaper in general circulation.’”

Alcoholic BeveragesConstitutional Law – Whether Non-Durational Residency Requirements for Alcoholic Beverages Licensees in Harford County are Permissible Under the Commerce Clause of the United States Constitution

Maryland Attorney General Reports · May 11, 2021

Because Chapter 462 has already been enacted, we need not consider in this opinion whether it was “clearly unconstitutional” under that standard. … It 11 The Supreme Court did not fully explain how the test it established in Thomas for alcoholic beverage regulations differs from the standard dormant Commerce Clause analysis.

108OAG64

Maryland Attorney General Reports · May 22, 2023

Moreover, the capacity for such devices to produce sounds that disturbed nearby residents was well-established by 1975. … Although it is beyond the scope of this opinion to survey every local jurisdiction to determine whether all of them have been granted the power to adopt noise ordinances, many clearly have that authority.

(2001)

86 Op. Att'y Gen. 15 · Maryland Attorney General Reports · Jan 30, 2001

See Health Care Financing Administration, Establishment of the Medicare Plus Choice Program, 63 Fed. Reg. 34968 (June 26, 1998). … Even in the absence of language that clearly excluded Maryland seniors, there is some risk that HCFA could interpret ambiguous language to exclude Maryland seniors. *Page 21

Maryland Attorney General Opinion 108OAG3

Maryland Attorney General Reports · Mar 14, 2023

If the text is “unambiguous and clearly consistent with the statute’s apparent purpose,” we generally end our inquiry into legislative intent and apply the statute as written. Id. … In fact, the General Assembly was presented with a suggested amendment that would have clearly implicated—and restricted— food preparation but failed to take any action on that measure.

(1998)

83 Op. Att'y Gen. 128 · Maryland Attorney General Reports · Sep 28, 1998

The General Assembly thus rendered HMO subscribers immune from liability from actions by "any health care provider for any covered service." … Clearly, the General Assembly has expressed a strong interest in protecting the residents of Maryland from balance billing by any practitioner or facility.

(2009)

94 Op. Att'y Gen. 88 · Maryland Attorney General Reports · May 27, 2009

Such a device is clearly limited to potential conflicts at the time of appointment. … The Department argued that the changes wrought by the bill would improve its ability to both hire and retain qualified employees. Id.