Maryland Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Maryland, with full citations and the original source on every page.
No Maryland opinions match these filters
Try a different search term or clear the filters.
Can you be prosecuted in Maryland for burning or defacing a flag, or is it protected free speech?
The Attorney General concluded in 1990 that Maryland's newly revised flag law, Article 27, §83, was constitutional even after the U.S. Supreme Court struck down the federal flag-burning ban in United …
Is Caller ID phone service legal under Maryland's wiretap and privacy laws?
Yes. The Attorney General concluded that Caller ID service does not violate the constitutionally protected right of privacy, because a state utility commission's mere approval of a telephone company's…
Can a Maryland community college's board of trustees borrow money to buy land and buildings, or does the county have to do it?
The Attorney General concluded in 1990 that a community college's board of trustees had no power to borrow money to buy land and buildings, because state law placed that borrowing authority in the cou…
Does Maryland's tax break for military pay earned outside the U.S. only apply to service members permanently stationed overseas?
No. The Attorney General concluded that Maryland's income tax subtraction for military pay attributable to service outside the United States, up to $15,000 with a phase-out between $15,000 and $30,000…
Can a Maryland business license be suspended because the owner was convicted of a drug crime?
The Attorney General concluded in 1990 that the license sanction provisions of the Drug Enforcement Act of 1990 (Chapter 410) applied only to people licensed to work in an occupation or profession, no…
Does Maryland's Board of Public Works have to approve a gift of real estate to the state, or can the Governor accept it alone?
The Attorney General concluded in 1990 that, unless a specific statute said otherwise, only the Governor's consent was required to accept a gift to the State of Maryland, whether the gift was real pro…
Can a Maryland town let its zoning board grant a variance on an easier 'practical difficulty' standard instead of 'unnecessary hardship'?
No. The Attorney General concluded that Article 66B's zoning-variance standard, unnecessary hardship, applies to every municipality in Maryland, and a town cannot use its own ordinance to authorize va…
Is a marriage valid in Maryland if the person who performed the ceremony wasn't legally authorized to?
The Attorney General concluded in 1990 that only a sworn deputy clerk designated by the county administrative judge (along with clerks and religious officials) could legally perform a marriage, so a g…
Did the Supreme Court's Cruzan decision change Maryland law on living wills and refusing life-sustaining treatment?
The Attorney General concluded in 1990 that the Supreme Court's Cruzan decision did not require any change to Maryland's framework for forgoing life-sustaining treatment, set out in the office's 1988 …
Is a mortgage given to a federal credit union exempt from Maryland's recordation tax?
No. The Attorney General withdrew a 1975 advice letter and concluded that the federal statute exempting federal credit unions from state and local taxes, 12 U.S.C. §1768, does not exempt a mortgage or…
Can a Maryland employer order a workplace drug test without a doctor, and who is allowed to see the results?
The Attorney General concluded in 1990 that a Maryland employer could contract directly with a laboratory for job-related drug testing; the usual rule that only a physician may order a lab test did no…
Did two 1990 Supreme Court rulings make Maryland's parental notification law for a minor's abortion enforceable?
In a 1990 opinion, the Attorney General concluded that two Supreme Court decisions issued that year, Hodgson v. Minnesota and Ohio v. Akron Center for Reproductive Health, did not change existing cons…
In Maryland, who pays for a county's child support enforcement office, the state or the county?
The Attorney General concluded in 1990 that Montgomery County's child support enforcement program was a 'local support enforcement office' and a component of the Circuit Court, so the county, not the …
How is an independent or petition candidate listed on a Maryland general election ballot?
The Attorney General worked through Maryland's tangled ballot-designation statutes in 1990 and concluded that a petition candidate registered as 'declined' and not affiliated with any party or partisa…
Did Maryland's mortgage escrow interest law apply to loans made under the credit grantor closed end credit provisions?
The Attorney General concluded in 1990 that CL §12-109, Maryland's requirement that lenders pay borrowers interest on residential first-mortgage escrow accounts, applied to loans made under any subtit…
Can a Maryland social services caseworker report a client's crime to the police, or does confidentiality law forbid it?
It depends on how the employee learned the information. The Attorney General concluded that a social services employee may always report a client's criminal activity learned off-duty in a personal cap…
Can Maryland suspend a lawyer's license to practice law for failing to pay workers' compensation assessments?
Yes. The Attorney General concluded that Article 101, §91's requirement to suspend a delinquent employer's 'license to do business' applies to attorneys who fail to pay assessments owed to the Uninsur…
Do special-education suspension and expulsion protections apply to private schools in Maryland?
The Attorney General concluded in 1990 that a State-approved private school offering special education had to protect a disabled student against a suspension or expulsion that disrupts the child's edu…
Could Maryland deny Medicaid and state medical assistance to people incarcerated in jails and prisons?
The Attorney General concluded in 1990 that Maryland's policy of excluding people incarcerated in detention centers from Medical Assistance Program coverage was authorized by both federal and state la…
Can a Maryland county charge condominiums, co-ops, and HOAs a per-unit fee for a county dispute-resolution service?
The Attorney General concluded in 1990 that Montgomery County's proposed per-unit fees on condominiums, cooperatives, and homeowners associations, meant to fund a county dispute-resolution service, we…
Is a capitated employer health benefits plan considered insurance that the state can regulate?
The Attorney General concluded in 1990 that the health care providers participating in the Healthnet program were engaged in the business of insurance and fell under the Insurance Commissioner's juris…
Are Maryland CPAs, lawyers, engineers, insurance agents, or teachers exempt from registering as investment advisers?
Only certified public accountants and lawyers currently qualify, and only if they also meet the exemption's other three conditions (no commissions for referrals, no custody of client funds, and not ot…
Were Maryland nursing homes covered by the Health-General Article's resident protections, and did the Health Services Cost Review Commission approve nursing home rates?
The Attorney General concluded in 1990 that nursing homes were included in the definition of 'facility' in HG §19-343(a) of the Health-General Article, so their residents got the protections of HG §§1…
Does Maryland need Congress's approval to join a multistate lottery like Lotto America?
No. The Attorney General concluded that Maryland's participation in a multistate lottery agreement, like the six-state Lotto America pact, does not violate federal anti-gambling statutes (which exempt…
Can a Maryland county open a new street inside an incorporated town without the town's consent?
No. The Attorney General concluded that Frederick County had no authority to open a street inside the Town of New Market over the town's objection, because the road-opening statutes for counties apply…
In a Maryland county with its own liquor board, who actually issues an alcoholic beverages license, the board or the clerk of the circuit court?
The Attorney General concluded in 1990 that in Charles County, the Board of License Commissioners had to decide whether to approve or deny an alcoholic beverages license application and certify any ap…
Does a federal savings bank have to pay interest on my mortgage escrow account in Maryland?
The Attorney General concluded in 1990 that Maryland's law requiring lenders to pay interest on residential first-mortgage escrow accounts (CL §12-109) could not be applied to federal savings associat…
Can a Maryland State's Attorney or assistant volunteer for free civil legal aid work if the law bans their 'private practice of law'?
Yes, in every Maryland county. The Attorney General concluded that Article 10, §40's various bans on the 'private practice of law' by State's Attorneys and their staff exist to control outside income,…
Can a Maryland town annex the state-owned land under a navigable creek?
The Attorney General concluded in 1990 that the Town of Queenstown could annex the land underlying Queenstown Creek even though the beds of navigable waters are owned by the State in trust for its cit…
Can a Maryland lawyer who serves as a part-time court trust clerk still practice law?
Yes. The Attorney General concluded that a private attorney appointed as a court's part-time trust clerk is not barred from practicing law by BOP §10-603(b)(4), because more than a century of legislat…
Can the Maryland General Assembly direct state income tax money to specific counties without a formal budget appropriation?
The Attorney General advised Governor Schaefer in 1990 that House Bill 134, which directed the Comptroller to pay set amounts of state income tax revenue to Baltimore City and three counties, was not …
Does Maryland's crime of distributing drugs require proof that the person knew what they were handling?
The Attorney General concluded in 1990 that knowledge is a required element of the Maryland crime of unlawfully manufacturing, distributing, or dispensing a controlled dangerous substance under Articl…
Can a Maryland county make its contractors and lobbyists disclose campaign contributions to local officials?
The Attorney General concluded in 1990 that nearly all of Prince George's County Council Bill 17-1990, which required people doing business with the county to disclose campaign contributions, barred l…
Can a Maryland county impose its own fire-safety building requirements on state-certified modular and prefabricated buildings?
The Attorney General concluded in 1990 that Maryland's Industrialized Building and Mobile Homes Act preempted any local ordinance, including one labeled a fire-control regulation, that regulated the m…
If a Maryland town purges me from its voter list, can I still vote in town elections?
The Attorney General concluded in 1990 that Maryland's law requiring county election boards to cancel the registration of voters who had not voted in five years (Article 33, §3-20) did not apply to vo…
Can a public university have a privately funded kosher dining hall without violating the separation of church and state?
The Attorney General concluded in 1990 that a privately funded kosher kitchen in leased dining space at Towson State University would not violate the Establishment Clause of the First Amendment. The k…
Could Maryland keep holding public hearings on group home licenses for people with mental disabilities after the federal Fair Housing Amendments Act?
The Attorney General concluded in 1990 that Maryland could keep holding public hearings on group home license applications, but only within federal limits. The Developmental Disabilities Law's hearing…
Can Maryland require state employees in safety-sensitive jobs to take drug tests without individual suspicion?
The Attorney General concluded in 1990 that House Bill 370, which authorized drug testing of state applicants and employees, was constitutional, and that the state could require even random, suspicion…
Can Maryland Legal Services Corporation money pay for legal help for organizations, or only for individual poor clients?
The Attorney General concluded in 1990 that the Maryland Legal Services Corporation could make grants for legal assistance to organizations composed primarily of individuals who were themselves eligib…
Can a Maryland sheriff put an inmate on home detention without a court order?
No. The Attorney General concluded that a sheriff's legal duty to keep prisoners in jail can be relaxed only by statute or court order, and Article 27's 'employment of prisoners' subtitle authorizes h…
Can a county government audit its school board's management practices, or only its finances?
The Attorney General concluded in 1990 that Carroll County's power under ED §5-108(d) to audit its Board of Education was limited to the board's financial transactions and accounts. It did not authori…
Can the cost of an extended warranty on a used car be financed along with the car loan in Maryland?
The Attorney General concluded in 1990 that a 1989 law let a car buyer finance the cost of a mechanical repair contract (an extended warranty or service contract) as long as any original manufacturer'…
In Maryland, does a therapist have to report suspected child abuse if the patient was referred by a lawyer?
The Attorney General concluded in 1990 that a mental health provider, such as a psychiatrist or therapist, must report suspected child abuse or neglect even when the person who disclosed it was referr…
Can a hazardous waste facility use a corporate guarantee instead of a bond to meet Maryland's financial assurance rule?
The Attorney General concluded in 1990 that the Maryland Department of the Environment could let a hazardous substance facility satisfy its financial assurance requirement with a corporate guarantee t…
Can Maryland raise the pay of a State Roads Commission member in the middle of the member's term?
No. The Attorney General concluded that State Roads Commission members are 'public officers' under Article III, §35 of the Maryland Constitution, which bars increasing a public officer's pay during a …
Did Maryland's Medicaid program have to go through formal rulemaking before requiring doctors to write a reason for prescribing a brand-name drug instead of its generic version?
The Attorney General concluded in 1990 that Maryland's Medicaid agency did not have to go through formal rulemaking before requiring physicians to write a specific medical reason on a prescription whe…
Did Maryland's 1990 budget bill restrict Medicaid abortion funding differently than the state's own abortion statute did?
In a 1990 opinion analyzing then-current, since-superseded Maryland law, the Attorney General concluded that if Roe v. Wade were overruled, Maryland's dormant abortion statute would control the legali…
Under Maryland's 1986 rulemaking amendment, when could an agency change a proposed regulation without republishing it for comment?
The Attorney General concluded in 1990 that a Maryland agency could adopt a regulation that differed from its original proposal without republishing it for new comment only if the change was one parti…
Could a Maryland county liquor board get around a state law banning beer-and-wine-only licenses by issuing a full liquor license with a no-liquor restriction attached?
The Attorney General concluded in 1990 that the Calvert County Board of License Commissioners could not issue a Class A beer, wine, and liquor license with a restriction removing the right to sell liq…
When can a Maryland car dealer legally advertise a vehicle that was previously sold and returned as 'new' again?
In a 1989 opinion, Maryland's Attorney General concluded that a car dealer generally may not readvertise a vehicle as 'new' once it has been sold to a buyer and then reacquired by the dealer, unless t…
Which version of Maryland's drunk-driving license suspension law controlled when two 1989 laws amended the same statute without referencing each other?
In a 1989 opinion, Maryland's Attorney General resolved a conflict created when two separate 1989 laws, the Drunk Driving Act and the Commercial Driver's License Act, each amended the same Transportat…
If the Supreme Court overturned Roe v. Wade, would Maryland's old, dormant abortion restrictions automatically come back into force?
In a 1989 opinion, Maryland's Attorney General concluded that if Roe v. Wade were overruled, Maryland's unrepealed abortion statutes (restricting when, where, and under what conditions an abortion cou…
Could a Maryland court legally alternate hiring between Black and white applicants to make up for past discrimination in its workforce?
In a 1989 opinion, Maryland's Attorney General concluded that the Circuit Court for Baltimore City's 1976 policy of alternately hiring qualified Black and white applicants was an unconstitutional raci…
Could Maryland's Racing Commission let a harness track move its race dates to a track in a different county?
In a 1989 opinion, Maryland's Attorney General concluded that the Racing Commission could authorize a licensed harness racing association to transfer its race meet to a track in a county where another…
Did Maryland's country club tax break ban men-only tee times and grill rooms, or just discrimination in granting membership itself?
In a 1989 opinion, Maryland's Attorney General concluded that the antidiscrimination condition attached to the state's country club property tax preference, TP §8-214(a), barred discrimination in memb…
Could Maryland count a commercial driver's pre-1990 traffic offenses toward longer license disqualification under the new Commercial Driver's License Act?
In a 1989 opinion, Maryland's Attorney General concluded that under the new Commercial Driver's License Act, effective January 1, 1990, the Motor Vehicle Administration could count a commercial driver…
Did Maryland's 1989 law creating administrative law judges require the state auto insurance fund (MAIF) to use them for its own hearings?
In a 1989 opinion, Maryland's Attorney General concluded that the Maryland Automobile Insurance Fund (MAIF) was not exempt from the state's new Office of Administrative Hearings law by name, but its c…
Could a Maryland bar or club lose its liquor license if an underage patron possessed alcohol on the premises, even if the licensee didn't know about it?
In a 1989 opinion, Maryland's Attorney General concluded that a licensee could be sanctioned under a separate statutory provision, Article 2B, §118(d), for permitting anyone under 21 to consume or pos…
Does a Maryland town have to follow the full charter-amendment process just to fix a typo or punctuation in its charter?
In a 1989 opinion, Maryland's Attorney General concluded that a municipality's legislative body could not make even purely nonsubstantive changes, such as fixing a typo or moving a comma, to its own c…
Could Maryland fire a state employee for an off-the-job drug or alcohol conviction under Governor Schaefer's 1989 substance abuse policy?
In a 1989 opinion, Maryland's Attorney General concluded that Governor Schaefer's executive order setting a State substance abuse policy was lawful in every respect: the Governor had authority to issu…
Browse Maryland opinions by topic
Attorney general opinions in Maryland are written by the Maryland Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.