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.
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Can an out-of-state bank with no Maryland branch hold trust accounts for Maryland lawyers?
The Attorney General concluded that a financial institution located entirely outside Maryland and its neighboring jurisdictions, such as a federal savings association headquartered and branched only i…
When does federal HIPAA privacy law override Maryland's medical records confidentiality law?
Rarely, according to the opinion. HIPAA only overrides Maryland's medical records law where the two truly conflict, and Maryland's law survives preemption whenever it is at least as protective of pati…
Does a federal law protecting military reservists' jobs override a state rule barring judges from practicing law while serving as a National Guard legal officer?
No. The opinion concluded USERRA, the federal law protecting reservists' civilian jobs, does not preempt or create an exception to Maryland's Code of Judicial Conduct, so a sitting circuit court judge…
Does the federal real estate settlement law (RESPA) override Maryland's ban on real estate settlement kickbacks?
The Attorney General concluded that Maryland's flat prohibition on real estate settlement kickbacks was not preempted by the federal Real Estate Settlement Procedures Act, because RESPA only displaces…
Could Maryland enforce its 1992 'gas guzzler' tax surcharge and fuel-efficiency credit law, or did federal fuel economy law preempt it?
Maryland's Attorney General concluded that a federal disclosure statute preempted the notice provision of Maryland's new gas guzzler tax law, that the tax surcharge and credit provisions themselves we…
Could a federal bankruptcy court stop a Maryland liquor license from expiring under state law while the licensee was in bankruptcy?
Maryland's Attorney General concluded that a federal bankruptcy court had full authority to enjoin a county liquor board from letting a debtor's alcoholic beverage license expire under Maryland's aban…
Does a Baltimore City employee who left for military service after the draft ended in 1973 still get pension credit for that time under federal law?
Yes. The Attorney General concluded that regardless of how Maryland's own veterans-benefit statute is read, the federal Veterans Reemployment Rights Act independently guarantees pension and retirement…
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…
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…
Could Maryland enforce state spacing limits on group homes for people with disabilities after the 1988 federal Fair Housing Amendments Act?
In a 1989 opinion, Maryland's Attorney General concluded that a 1988 state law limiting how many community residences for special populations could be sited near each other could not be enforced again…
Can a state law stop a mortgage lender from collecting interest in advance at closing?
In a 1988 opinion, Maryland's Attorney General concluded that a Maryland statute barring lenders from collecting advance 'odd days' interest on first mortgage loans was preempted by a federal law over…
Could Montgomery County require lawn care companies to disclose pesticide risks to customers, or did federal law preempt that kind of local pesticide ordinance?
In this 1985 opinion, the Maryland Attorney General concluded that Montgomery County's proposed ordinance requiring lawn care businesses to disclose pesticide risks to customers was preempted by the f…
Could Maryland law block a foreign bank like Allied Irish Banks from taking control of a Maryland bank holding company?
In this 1983 opinion, the Maryland Attorney General concluded that a Maryland statute flatly barring a foreign bank from becoming a bank holding company could not constitutionally be applied to block …
Could a Maryland bank in 1980 raise the interest rate on an existing credit card balance after the state's usury ceiling went up?
In this 1982 opinion, the Maryland Attorney General concluded that a bank could raise the interest rate on a cardholder's existing credit card balance after Maryland raised its usury ceiling in 1980, …
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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.