Case law

Maryland Attorney General Opinion 109OAG032

Maryland Attorney General Reports · May 8, 2024

See COMAR 09.24.01.06C-E (establishing ethical limits on CPAs’ other services). … A CPA who merely asks the client these questions and notes the answers would clearly not be practicing law.

(2002)

87 Op. Att'y Gen. 137 · Maryland Attorney General Reports · Sep 9, 2002

That statute defines "investment account" as follows: "Investment account" means an account established by a contributor under this subtitle on behalf of a qualified designated beneficiary for the purpose of applying distributions … toward qualified higher education expenses at eligible educational institutions.

108OAG21

Maryland Attorney General Reports · May 17, 2023

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

(2000)

85 Op. Att'y Gen. 284 · Maryland Attorney General Reports · Oct 16, 2000

situation, could potentially qualify for assistance from the Fund. … In our opinion, the Authority must clearly articulate the basis for its finding that makes its analysis transparent.

Maryland Attorney General Opinion 99OAG171

Maryland Attorney General Reports · Dec 5, 2014

After the bidders are qualified, however, the P3 statute specifically authorizes more extensive dialogue between the agency and qualified bidders: (2) After a bidder is qualified and at any time before … From this standpoint, a P3 would seem to qualify as procurement.

(2006)

91 Op. Att'y Gen. 49 · Maryland Attorney General Reports · Feb 23, 2006

It is a well-established rule of statutory construction that a statute should be read so that no word, clause, sentence or phrase is rendered superfluous or nugatory. State v. Glass, 386 Md. 401 (2005). … It is my view that this definition clearly includes MRI, CT scans and radiation therapy services.

(1996)

81 Op. Att'y Gen. 3 · Maryland Attorney General Reports · May 2, 1996

Moreover, a master is protected by judicial immunity. See Tucker v. Woolery , 99 Md. App. 295 , 637 A.2d 482 , cert. granted , 335 Md. 225 , cert. dismissed as improvidently granted , 336 Md. 280 (1994). … With respect to the fifth criterion, the work performed by the master is clearly part of the "regular business" of the "employer" — the court.

(2003)

88 Op. Att'y Gen. 120 · Maryland Attorney General Reports · Aug 29, 2003

Homeland Security Act of 2002 Section 304 of the Homeland Security Act of 2002 established certain liability protections in connection with authorized "countermeasures" against smallpox. … The voluntary vaccination of public safety personnel to enable State and local government agencies to prepare for and respond to a bioterrorist incident clearly benefits the employer of those workers.

Maryland Attorney General Opinion 107oag196

Maryland Attorney General Reports · Dec 15, 2022

A use of funds qualifies as “supplemental” if it is “in addition to the State funding provided through the funding formulas established in the Bridge to Excellence in Public Schools Act of 2002 for prekindergarten any other … And if those funds are indeed “supplemental” under Article XIX, there is a second question as to whether “supplemental” funding under Article XIX can also qualify as necessary for the “establishment and maintenance” of the

108oag3

Maryland Attorney General Reports · Mar 16, 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.

(2007)

92 Op. Att'y Gen. 154 · Maryland Attorney General Reports · Nov 9, 2007

The statute does not establish a time line or deadline for this review. C. … Thus, a board or commission established by a general executive order not based on any specific statute, a general administrative directive or a legislative resolution would not be "established by law."

Maryland Attorney General Opinion 105OAG040

Maryland Attorney General Reports · May 1, 2020

At the risk of stating the obvious, the degree of adjacency to campus diminishes the farther away an area is from the campus border; a neighborhood block that adjoins the campus area is clearly adjacent to the campus, while … See, e.g., ED § 24-1205 (explaining that the purpose of the University Police Accountability Board, which must be established in tandem with the establishment of the Hopkins PD, is to “[e]nable community members to share

Maryland Attorney General Opinion 99OAG088

Maryland Attorney General Reports · Aug 20, 2014

We emphasize, in this context, that the applicants must indeed be qualified. … Jan. 12, 1998) (aspirational documents and policy to recruit broadest possible applicant pool and hire the most qualified did not establish a “tendency to discriminate”).

109OAG32

Maryland Attorney General Reports · May 10, 2024

See COMAR 09.24.01.06C-E (establishing ethical limits on CPAs’ other services). … A CPA who merely asks the client these questions and notes the answers would clearly not be practicing law.

Maryland Attorney General Opinion 105OAG066

Maryland Attorney General Reports · Oct 26, 2020

The Advisory Group’s final report did not include any recommendation that existing forests should qualify for treatment as “mitigation bank[s].” … At first glance, it seems hopelessly ambiguous; paragraph (i) contains one verb without any subject, and the introductory clause contains a series of nested modifying phrases without clearly identifying the antecedent for

107OAG196

Maryland Attorney General Reports · Dec 19, 2022

A use of funds qualifies as “supplemental” if it is “in addition to the State funding provided through the funding formulas established in the Bridge to Excellence in Public Schools Act of 2002 for prekindergarten any other … And if those funds are indeed “supplemental” under Article XIX, there is a second question as to whether “supplemental” funding under Article XIX can also qualify as necessary for the “establishment and maintenance” of the

(2003)

88 Op. Att'y Gen. 54 · Maryland Attorney General Reports · Mar 17, 2003

The plurality opinion clearly rejected that criterion as a part of Establishment Clause analysis, stating that "[t]his doctrine, born of bigotry, should be buried now." 530 U.S. at 829 . … The court held that the finding was not clearly erroneous, thus upholding the district court on an alternative basis. Id. at 508-10.

(2010)

95 Op. Att'y Gen. 62 · Maryland Attorney General Reports · Mar 8, 2010

There are other possible measures that might impose some limits on executive compensation at a company like CEG — for example, a cap on ratepayer contribution to executive compensation or a statute clearly establishing the … Guaranty Trust Co. , 288 U.S. 123 (1933). 2 The Court qualified this statement by noting that a court might take action if the directors were personally interested in a particular decision: but this is far from saying that

Maryland Attorney General Opinion 95 OAG 062

Maryland Attorney General Reports · Mar 8, 2010

Courts cannot here condone 2 The Court qualified this statement by noting that a court might take action if the directors were personally interested in a particular decision: but this is far from … There are other possible measures that might impose some limits on executive compensation at a company like CEG – for example, a cap on ratepayer contribution to executive compensation or a statute clearly establishing the

Colleges and Universities Public Safety – The Johns Hopkins University Police Department – The Extent of the Police Department's Off-Campus Jurisdiction – How Community Support for that Jurisdiction is Determined

Maryland Attorney General Reports · May 5, 2020

At the risk of stating the obvious, the degree of adjacency to campus diminishes the farther away an area is from the campus border; a neighborhood block that adjoins the campus area is clearly adjacent to the campus, while … See, e.g., ED § 24-1205 (explaining that the purpose of the University Police Accountability Board, which must be established in tandem with the establishment of the Hopkins PD, is to “[e]nable community members to share