1993 Opinions Index

Opinion No.	Summary
78 OAG 3	Accountants - Income Tax – Disclosure of Tax Information Permitted as Part of Quality Review Program
78 OAG 8	Administrative Law – Rulemaking – Health – Developmental Disabilities – Eligibility Criterion in Memorandum of Understanding, Which Was Not Adopted as a Regulation, is Invalid
78 OAG 20	Agents and Brokers – Dual Agency in Residential Real Estate Transactions Permissible With Full Disclosure and Mutual Consent
78 OAG 26	Board of Public Works – Natural Resources – Statutory Construction – Authority to License Small Coverings on Piers in State and Private Wetlands
78 OAG 40	Civil Rights and Discrimination – Housing – Applicability of Fair Housing Amendments Act to Fire Safety Code Requirements
78 OAG 48	Civil Rights and Discrimination – Housing – Applicability of Fair Housing Amendments Act to Group Home Notice and Hearing Requirements
78 OAG 58	Colleges and Universities – University of Maryland System – Zoning and Planning – Counties – University May Lease Property for Use as a Fraternity House Despite Local Zoning Prohibition
78 OAG 75	Constitutional Law – Freedom of Speech – Effect of Forsyth County v. Nationalist Movement, 112 S.Ct. 2395 (1992), on State and Local Regulation of Parades, Demonstrations, and Public Meetings
78 OAG 86	Constitutional Law – Preemption – Property – Federal Law Does Not Preempt Maryland Law Prohibiting Kickbacks in Connection With Real Estate Settlements
78 OAG 90	Constitutional Law - Freedom of Speech Criminal Law Criminal Prohibition of Cross-Burning
78 OAG 98	Courts and Judges - Constitutional Law – Public Officers and Employees – Service By District Court Jude on Intermediate Sanctions Policy Board
78 OAG 103	Courts and Judges - Circuit Courts State's Attorney Authority to Institute Courthouse Security Procedure
78 OAG 109	Criminal Law – Constitutional Law – Status of Physician-Assisted Suicide Under Current Law – Constitutionality of a Statute to Prohibit Assisted Suicide
78 OAG 128	Disabled Persons - Blind Industries and Services of Maryland Application of Direct Labor Requirements and Procurement Preferences to BISM – Investments By BISM
78 OAG 148	Drugs and Drug Testing - Constitutional Law Search and Seizure Governor Executive Orders Board of Public Works State-Mandated Drug Testing Program by Private Employers
78 OAG 155	Elections - Fair Election Practices Act Expenditure of Campaign Funds for Criminal Defense Legal Fees
78 OAG 162	Environment - Authority to Adopt Low Emissions Vehicle Standards
78 OAG 174	Environment – Administrative Law – Contested Cases – Landfill Permitting Procedures – Consent Order Authority of the Department of the Environment
78 OAG 182	Family Law – Child Abuse and Neglect – Administrative Law – Review and Hearing Procedures for Amendment or Expungement of Records of Child Abuse or Neglect
78 OAG 189	Family Law – Child Abuse and Neglect – Reporting Obligation When Victim of Child Abuse or Neglect is Now an Adult or Alleged Abuser is Dead – Confidentiality of Reports
78 OAG 208	Health – Life-Sustaining Procedures – Interpretation of Health Care Decisions Act
78 OAG 225	Health – Communicable Diseases – Laboratories – Anonymous HIV Test Sites Remain Permissible
78 OAG 233	Insurance – Disclosure of Examination Reports – Termination of Managing General Agents – Limitation of Risk Exception
78 OAG 240	Juvenile Causes – Restrictions on Public Access to Juvenile Facilities
78 OAG 249	Landlord and Tenant - Elderly – Office on Aging – Security Deposits in Group Sheltered Housing for the Elderly
78 OAG 257	Law Enforcement Officers – Attorneys – Unauthorized Practice of Law – Non-Attorney May Represent Law Enforcement Officer Before Hearing Board Under Law Enforcement Officers' Bill of Rights
78 OAG 263	Municipalities Vehicle Laws – City of College Park Does Not Have Authority to Establish Its Own Administrative System to Adjudicate Parking Violations
78 OAG 266	Natural Resources – Sale of Venison From Farm-Raised Deer is Prohibited
78 OAG 275	Open Meetings Act – "Executive Function"
78 OAG 283	Personnel – Statutes – Statutory Construction – Application of Preference Provision in Article 64, §18
78 OAG 287	Procurement – Board of Public Works – Approval of Contracts Dated "As Of" An Earlier Date
78 OAG 291	Public Information Act – Clerks of Court – Personnel – Disclosure to Third Party of Information Related to Complaint Against Employee is Prohibited
78 OAG 296	Public Officers and Employees – Constitutional Law – City Council Members May Be Given Pension Rights But Not Health Insurance Benefits During Their Terms
78 OAG 303	Public Officers and Employees – State's Attorneys – Courts and Judges – Initiation of Appointment Process to Fill State's Attorney Vacancy
78 OAG 307	Public Schools – Constitutional Law – Freedom of Religion Establishment Clause – Free Exercise Clause – Freedom of Speech – Graduation Prayer Unconstitutional – Guidelines on Religious Activities by Students and Other Groups
78 OAG 331	Racing – Constitutional Law – Search and Seizure – Drugs and Drug Testing – Random Drug Testing of Licensees Who Have Contact With Horses is Constitutional
78 OAG 343	State's Attorneys – Sovereign Immunity – Tort Claims – State's Attorneys Are Not Subject to the Maryland Tort Claims Act
78 OAG 347	Taxation – Admissions and Amusement Tax – Gaming – Bingo – "Instant Bingo" Receipts Are Not Subject to Admissions and Amusement Tax
78 OAG 356	Taxation – Income Tax – Corporate Lobbying Expenses Are No Longer Deductible
78 OAG 359	Tobacco Regulation – Counties – Preemption – Constitutional Law – Freedom of Speech – Commercial Speech – County Authority to Restrict Cigarette Vending Machines, Cigarette Billboard Advertising and Smoking in Public Places
78 OAG 377	Torts – Immunity – Applicability of Tort Claims Act to Participants in Community Service Program
UNPUBLISHED OPINIONS 1993 unpublished opinions are not available on line. To receive a copy, call (410) 576-6327 or e-mail your request to: opinions@oag.state.md.us
93-006	Clerks of Court – Use of Interest-Bearing Accounts The practice by a clerk of the circuit court of retaining the 5¼% per annum interest earned on the Registry of Court Account is reasonable and the amount retained constitutes a reasonable fee for administering the funds in that account. Moreover, the practice does not constitute an unconstitutional deprivation of property or a denial of equal protection.
93-012	Constitutional Law – Commerce Clause – Alcoholic Beverages – Wine – Out-of-State Wines (1) The State is prohibited by the Commerce Clause of the United States Constitution from enacting a licensing law that allows only Maryland wines to be sold at a wine festival. (2) It makes no constitutional difference that such a law would allow wines from neighboring states to be sold as well.
93-009	Courts and Judges – District Court – Jurisdiction and Procedure – Baltimore City Building Code The District Court of Baltimore City would have jurisdiction to appoint a vacant house receiver to perform functions authorized by the City ordinance, but only if the appointment is sought as ancillary relief in an action filed by Baltimore City petitioning for an injunction to enforce its building and housing code under §4-401(7)(i) of the Courts and Judicial Proceedings Article.
93-020	Public Officers and Employees – Housing – Local Housing Authority Commissioners – Misconduct in Office "Misconduct in office," as used in Article 44A, §1-211(d)(1) allows for the removal of a housing authority commissioner only for acts or omissions relating to his official duties and not for tax offenses unrelated to the performance of his official duties.
93-032	Public Officers and Employees – Increase in Pension Benefits Article III, §35 of the Maryland Constitution is not violated by Prince George's County's increase in pension benefits for public officers.
93-029	Public Officers and Employees – State Highway Administration Employee – Town Planning Commission Member The opinion of the Attorney General concurs with the opinion of the Taneytown Town Attorney that dual service as Chief of the Engineering Permits Division of the State Highway Administration and as a member of the Planning Commission of the City of Taneytown is barred by neither the Maryland Constitution nor the common law.
93-018	Retirement Systems – Survivor Benefits Under Article 73B, §6-407, survivor benefits are payable to a particular retiree's former spouse upon the death of the retiree.
93-040	Veterans – Courts and Judges – Reemployment Rights Federal law requires that a former Domestic Relations Master be reemployed after his return from a voluntary extension of active duty military service if he remains qualified to perform the duties of a master.
93-034	Zoning and Planning – Counties – Subdivision Regulations The opinion of the Attorney General concurs with the analysis and conclusion of the opinion of the Carroll County Attorney that the Carroll County Commissioners may not adopt subdivision regulations significantly different from those submitted by the Planning Commission.
93-025	Zoning and Planning – Historic Preservation – Counties The opinion of the Attorney General concurs with the opinion of the Carroll County Attorney, that the Carroll County Commissioners may not, by ordinance or practice, vary the requirements that Article 66B, §8.05 of the Maryland Code imposes upon the historic district commission with respect to the approval process for changes in the exterior appearance of structures within a historic district.