Case law

Maryland Attorney General Opinion 99OAG225

Maryland Attorney General Reports · Dec 19, 2014

As we see it, all three of these districts qualify as special benefit taxing districts, as opposed to general taxing districts, and all three operate in a largely similar fashion. … Nor do the provisions of the Tax-Property Article specified in paragraph (h)(1) clearly encompass special benefit district taxes.

(1998)

83 Op. Att'y Gen. 84 · Maryland Attorney General Reports · May 5, 1998

Credit unions may only offer their services to those individuals who qualify under applicable law for membership. … The determination of a proper field of membership is the basic "activity" upon which their ability to offer services is established.

(2009)

94 Op. Att'y Gen. 161 · Maryland Attorney General Reports · Sep 29, 2009

By contrast, our longstanding advice has been that the Open Meetings Act does not specify when a public body must hold a meeting; it simply establishes rules that apply when a meeting occurs. 81 Opinions of the Attorney General … SG § 10-502(i). 6 The statute further qualifies these exclusions.

Natural Resources Forest Conservation Act – Whether the Act Permits Forest Mitigation Banks that Merely Preserve Existing Forest, Rather than Create or Restore Forest

Maryland Attorney General Reports · Nov 24, 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

Maryland Attorney General Opinion 97 OAG 032

Maryland Attorney General Reports · Aug 23, 2012

In some contexts, the difference between marking selections on a ballot and casting a ballot is clearly delineated. … With advice from this Office, SBE concluded that certification of the ballot-marking device was required under § 9- 102 and therefore no qualifying system was available. Id.

Natural Resources Forest Conservation Act – Whether the Act Permits Forest Mitigation Banks that Merely Preserve Existing Forest, Rather than Create or Restore Forest

Maryland Attorney General Reports · Oct 27, 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

(2000)

85 Op. Att'y Gen. 238 · Maryland Attorney General Reports · Aug 30, 2000

The Act establishes educational, examination, and other prerequisites for licensure as a physical therapist or a physical therapist assistant. HO § 13-302 through § 13-306 . … A staff summary in the legislative file states that "major substantive change" made by the 1993 law was to "clearly defin[e] the professional groups subject to the Act." Bill Analysis for Senate Bill 176 (1993).

(2002)

87 Op. Att'y Gen. 76 · Maryland Attorney General Reports · May 20, 2002

Rule 4-601(h) clearly forbids any "public officer or employee" from disclosing the contents of a search warrant or related materials, except in specified circumstances, on pain of being found in contempt of court. … Compare Goetz, supra, (no constitutional right) with In re Search Warrant for Secretarial Area-Gunn, 855 F.2d 569 (8th Cir. 1988) (qualified constitutional right of access). 5 In the absence of a court rule, the State's Attorney

Maryland Attorney General Opinion 97 OAG 003

Maryland Attorney General Reports · May 18, 2012

Att’y In 2004, the General Assembly returned to § 21-507 to authorize Anne Arundel County to establish a licensing program for individuals and qualified charitable organizations—including fire companies—who wish to … And that charitable organizations are regulated under the Business Regulation Article, as the 2004 advice letter points out, says little about whether charitable solicitations were intended to qualify as “business” for purposes

Maryland Attorney General Opinion 109OAG96

Maryland Attorney General Reports · Dec 30, 2024

The Maryland Vehicle Law establishes sixteen classes of vehicles for registration, none of which, on their face, encompass side-by-side utility vehicles. … persons and which [are] constructed on . . . truck chassis or with special features for occasional off-road operations,” have three wheels, or are of “unique design[s] that do[] not clearly

Maryland Attorney General Opinion 107OAG003

Maryland Attorney General Reports · Jan 11, 2022

(observing that H.B 158, enacted the prior year, was “clearly intended to direct [the Universities] to do the same things” that S.B. 342 does). … Buckingham, 472 Md. 407, 425-26 (2021) (“[A] qualifying clause ordinarily is confined to the immediately preceding words or phrase—particularly in the absence of a comma before the qualifying phrase.”).

(1998)

83 Op. Att'y Gen. 142 · Maryland Attorney General Reports · May 26, 1998

Finally, the arrangement must meet any other requirements established by the Secretary of Health and Human Services. Id . … In this case, a compensation arrangement clearly exists.

Maryland Attorney General Opinion 107oag140

Maryland Attorney General Reports · Nov 21, 2022

School Segregation Although Maryland had made sporadic attempts to establish a free public school system since the early nineteenth century, the State’s 1864 Constitution made the first provision for a Statewide system … remove two Black students who had been admitted to its law school on the basis of a new statute that afforded scholarship funds for Black students to attend out-of-state higher education institutions when they were otherwise qualified

Maryland Attorney General Opinion 97 OAG 058

Maryland Attorney General Reports · Nov 20, 2012

Opinions of the Attorney General 365, 368 (1977) (describing the legislative history of Article XV and observing Gen. 58] 65 that the final version of the amendment “established … profession by demonstrating intolerance for unprofessional conduct”) (internal quotation marks omitted); compare 65 Opinions of the Attorney General 445, 449 (1980) (observing that “the primary purpose of Article XV, § 2 clearly

(2000)

85 Op. Att'y Gen. 120 · Maryland Attorney General Reports · May 19, 2000

The Constitution expressly qualifies this grant of authority by specifying that the petition procedures and forms prescribed by the General Assembly must not conflict with Article XVI. … The provision dealing with the form of, and procedures for verifying, "petitions filed under Article XI-A or Article XVI of the Constitution," Former Article 33, § 23-3, clearly assigned authority over those matters to the

(2004)

89 Op. Att'y Gen. 172 · Maryland Attorney General Reports · Nov 3, 2004

Maryland law provides for the establishment of several special funds to carry out the State Unemployment Insurance Law. … The SAEF law clearly contemplates that the Fund may be used for such costs in its capacity as a revolving fund pending federal reimbursement.

(2010)

95 Op. Att'y Gen. 138 · Maryland Attorney General Reports · Aug 17, 2010

The Board feels that physical therapists, especially those with manual therapy skills, are qualified to perform dry needling." Letter of Charles M. … In answering such a question we first look to whether the General Assembly has clearly resolved the issue.

Maryland Attorney General Opinion 95 OAG 138

Maryland Attorney General Reports · Aug 17, 2010

The Board feels that physical therapists, especially those with manual therapy skills, are qualified to perform dry needling.” Letter of Charles M. … In answering such a question we first look to whether the General Assembly has clearly resolved the issue.

Maryland Attorney General Opinion 110OAG110

Maryland Attorney General Reports · Dec 23, 2025

See id.; see also CS § 11-201(b)(1) (authorizing charter counties to appoint “a qualified individual as managing official of the local correctional facility” (emphasis added)). … Admittedly, the text of the statute no longer says this as clearly as it once did.

Maryland Attorney General Opinion 100OAG085

Maryland Attorney General Reports · May 26, 2015

The Board of Pharmacy is authorized to adopt “[r]ules and regulations to carry out the provisions of [Title 12 of the Health Occupations Article]” and rules “that establish standards for practicing pharmacy and operating … Comptroller, 313 Md. 118, 125 (1988) (“While a committee’s rejection of an amendment is clearly not an infallible indication of legislative intent, it may help our understanding of overall legislative history.”).