1994 Opinions Index

Opinion No.	Summary
79 OAG 3	Antitrust - Legality of "Zone Pricing" by Oil Companies under the Gasoline Divorcement Law and the Robinson-patman Act
79 OAG 17	Bi-County Agencies - Statutes - Counties - Boundaries of Metropolitan District Do Not Change When County Changes Election District Lines
79 OAG 21	Business and Professions - Municipalities - Validity of "Grandfather" Provision For Local Licensing of Heating Contractors
79 OAG 29	Clerks of Court - Courts and Judges - Judicial Administration - Personnel Authority of Court of Appeals Extend to Baltimore City Circuit Court Clerk's Office
79 OAG 34	Colleges and Universities - Community Colleges - Counties - Charter Home Rule Counties - Applicability of "Spending Affordability" Process to Community College's Tuition Revenue
79 OAG 42	Colleges and Universities - Community Colleges - Authority of Baltimore County Board of Trustees to Reorganize the Existing Colleges
79 OAG 45	Constitutional Law - Freedom of Religion - Free Exercise Clause - Vehicle Laws - Licensing - Individual Who Objects on Religious Grounds to Photograph Requirement For Driver's License Not Entitled to License Without Photograph
79 OAG 56	Constitutional Law - Freedom of Religion - Free Exercise Clause - Historic Preservation - Applicability of Historic Zoning Ordinance to a Church
79 OAG 76	Corrections - Entitlement to Sentence Credit for Time Served on Pre-Trial Home Detention
79 OAG 83	Counties - Charter Home Rule Counties - Sheriffs - Corrections - Authority to Transport Correctional Facility Detainees to Hospitals
79 OAG 90	Counties - Charter Home Rule Counties - Highways - Authority of Baltimore County to Set Construction Standards for Privately Owned Road
79 OAG 95	Counties - Commissioner Counties - Housing - Queen Anne County Housing Code Not Invalid for Lack of Filing
79 OAG 98	Credit Regulation - Home Improvement Contracts - Licensing Requirements
79 OAG 119	Criminal Law - Husband May Be Prosecuted for Forcible Rape of Wife Regardless of Evidence of Cohabitation
79 OAG 128	Criminal Records - Colleges and Universities - Faculty Access to Criminal History Information About Students
79 OAG 132	Education - Public Schools - Counties - Taxation - General Assembly May Enact Law Removing County Tax Limitations That Restrict Financial Support of Public Schools
79 OAG 136	Elections - Candidates - "Seed Money" Requirement Under The Fair Campaign Financing Act
79 OAG 146	Elections - Candidates - Disbursement Under the Fair Campaign Financing Act to Write-In Candidates
79 OAG 154	Elections - Ballots - Referenda - Adequacy of Ballot Title for Question on Revised City Charter
79 OAG 160	Family Law - Adoption - Social Services - Disclosure of Adoption Records - Facilitating Reunions - Administration of Mutual Consent Registry
79 OAG 174	Family Law - Adoption - Attorneys - Unauthorized Practice of Law - Validity of Consent to Adoption When Social Worker Informs Birth Parent of Rights
79 OAG 179	Family Law - Adoption - Courts and Judges - Disclosure of Information Obtained by Court's Investigative Unit
79 OAG 186	Financial Institutions - Banks - Maryland Law May Not Prohibit Acquisition of Maryland Bank and Its Holding Company By New Jersey Bank Holding Company After Maryland Bank Merges With Federal Savings Bank
79 OAG 199	Financial Institutions - Banks - Maryland Law May Not Prohibit Either Relocation of New Jersey Bank's Main Office To Maryland For the Purpose of Merger With A Maryland Bank Or Subsequent Holding Company Merger
79 OAG 206	Firearms - Constitutional Law - Second Amendment Does Not Apply to State Legislation - Article 28 of Declaration of Rights Does Not Bar Gun Control Legislation
79 OAG 212	General Assembly - Elections - Candidates - Election Boards - Scope and Implementation of "Resident Delegate" Statute
79 OAG 218	Health - Life-Sustaining Procedures - Application of Health Care Decisions Act To "Do No Resuscitate" Orders
79 OAG 244	Health - Life-Sustaining Procedures - Education - Public Schools - School Officials May Not Perform Emergency procedures on Terminally Ill Child That Are Contrary to Parents' Decision and Physician's Order
79 OAG 267	Health Occupations - Morticians - Testamentary Law - Authority to Determine Disposition of Body - Pre-need Funeral Contracts
79 OAG 279	Health Occupations - Dentists - Advertising of Specialty Services
79 OAG 285	Health Occupations - Applicability of Self-Referral Prohibition to Provision of Information About Off-Hours Pediatric Acute Care Facility
79 OAG 295	Insurance - Casualty - Vehicle Laws - Collision Damage to Rental Vehicles
79 OAG 303	Insurance - Debt Cancellation Agreements Between Lender and Borrower Are Not Contracts of Insurance
79 OAG 311	Insurance - Vehicle Laws - Status of "Providers" of Services Under Motor Vehicle Mechanical Repair Contracts
79 OAG 322	Intellectual Property - Copyrights - Administrative Law - Rulemaking - Legality Of Incorporating By Reference A Copyrighted Work Into A Regulation
79 OAG 331	Juvenile Causes - Applicability of Confidentiality Requirements to Discovery in Child in Need of Assistance Cases
79 OAG 340	Labor Law - Mandatory Direct Deposit of Wages Impermissible Under Maryland Wage Payment and Collection Law
79 OAG 343	Municipalities - Annexation - Statutory Construction - Priority of Conflicting Land Descriptions in Municipal Annexation Resolution
79 OAG 347	Public Assistance - Authority To Initiate Welfare Reform Program
79 OAG 354	Public Defender - Administrative Law - Rulemaking - Public Information Act - Status of Eligibility Criteria
79 OAG 362	Public Information Act - Courts and Judges - Status of Records Related to Judicial Evaluations
79 OAG 366	Public Information Act - Education - Public Schools - Personnel - Disclosure of Personnel Records Pursuant to Court Order
79 OAG 378	Public Officers and Employees - Counties - Anne Arundel County Attorney Exercises Sovereign Power
79 OAG 384	Public Utilities - Environment - Calculation of Surcharge to Fund Environmental Trust Fund
79 OAG 393	Real Estate Brokers - Scope of Licensing Exemption for Property Managers
79 OAG 402	Real Property - Contracts - Disclosure and Disclaimer Statements
79 OAG 412	Retirement Systems - Applicability of "16-Year Rule" To Employees Who Have Transferred to Independent Personnel System
79 OAG 419	Sheriffs - Constitutional Law - Appointment Authority of Sheriff
79 OAG 431	Stadium Authority - Indemnification Agreements - Funding Requirement And Restrictions
79 OAG 438	State's Attorneys - Term of Office - Term of Successor State's Attorney Begins on Day After Legal Holiday - Predecessor Holds Over
79 OAG 441	State Treasurer - Treasurer May Invest in Securities of Various Federal Instrumentalities
79 OAG 448	Taxation - Property Tax - Eligibility for Renters' Tax Credit
79 OAG 454	Torts - Civil Liability of Shoplifters and Employees Who Steal Merchandise
79 OAG 458	Transportation - Washington Metropolitan Area Transit Authority - Taxation - Regional Transit Tax Not Permitted Under Current Law
79 OAG 461	Vehicle Laws - Environment - Statutes - Rulemaking - Regulations Governing Vehicle Emissions Inspection Program Must Conform To Federal Law
Unpublished Opinions
94-001	Public Officers and Employees - "Office of Profit" - Incompatible Positions - Annapolis Alderman and Anne Arundel County Financial Officer
94-005	Juvenile Causes - Confidentiality of Juvenile Records
94-007	Sheriffs - Authority of Prince George's County Deputy Sheriff to Prepare Initial Police Report
94-009	Criminal Records - Juvenile Causes - Reporting of Juvenile Arrest Information to Criminal Justice Information Systems
94-019	Legislative Immunity - Counties - Howard County Council Members Are Absolutely Immune from Suit for Actions Taken as Part of Legislative Process
94-032	Retirement Systems - General Assembly - Designation of Single Beneficiary or Death Benefit
94-047	Colleges & Universities - University of Maryland System - University of Maryland at Baltimore May Agree to a Reimbursement From University of Maryland Medical System Corp. on a Negotiated Fee-For-Service Basis
94-050	Juvenile Cases - Public Agencies and Entities - Department of Juvenile Services May Not Enter Binding Agreement With Private Group to Divest Discretion Over Admissions to Victor Cullen Center
94-064	Constitutional Law - Commerce Clause - Effect of Supreme Court's Decision in West Lynn Creamery on Price-Setting Authority of Proposed Maryland Milk Commission
94-065	Public Officers and Employees - General Assembly - Sheriffs - Member of General Assembly May Serve Simultaneously as Assistant Sheriff