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Maryland Gov & Administrative Law Questions & Answers
1 Answer | Asked in Business Law, Gov & Administrative Law, Land Use & Zoning and Municipal Law for Maryland on
Q: Does the operation of a family child care home in Maryland constitute residential use as opposed to commercial use?
Kenesha A Raeford
Kenesha A Raeford
answered on Sep 28, 2024

These kinds of zoning questions are usually county specific. Additionally, even where a state or local law does not prohibit the operation of a home day care this does not mean that the home owners association does not have limitations in its bylaws or declarations. So you my want to check into... View More

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Maryland on
Q: How long of a delay does a traffic stop add to your overall time to get a License In Maryland?

So I went in today to renew my Provisional Driver License to a Regular Driver License due to me being 21 now and my Providional Driver License being expired. They renewed it for me and when I got back home and looked at the paper, it says that they renewed my Provisionals DL for an additional 6... View More

Scott Scherr
Scott Scherr
answered on Aug 24, 2024

You should get a certified copy of your driving record and probation before judgment record. It will show all convictions and PBJ's. Only moving violations should reset the provisional license. If you have no moving violations, go back to the MVA and speak with a supervisor.

1 Answer | Asked in Government Contracts and Gov & Administrative Law for Maryland on
Q: What licenses and permits do I require for MD govt contracting in the field of Custom software programming?

Further what licenses and permits do I require to operate as computer peripherls and equipment supplier with the state of MD?

Kenesha A Raeford
Kenesha A Raeford
answered on Aug 6, 2024

This is a fairly complex question that does not have a straightforward answer. You will certainly need to be licensed and compliant with all of the appropriate governing bodies in your field. Outside of that, there could be additional licensing or qualifications required to contract with a... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Gov & Administrative Law for Maryland on
Q: under transportation article 26- 302

under M.D., transportation article 26- 302 if my tags are not on my car but park in front of my house can the officer toe my vehicle?

James L. Arrasmith
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answered on Jun 3, 2024

Under Maryland's transportation article 26-302, if your car is parked in front of your house without tags, an officer can tow it. The law allows for towing of vehicles that are not properly registered or do not display valid license plates, even if they are parked on a public street.... View More

1 Answer | Asked in Traffic Tickets, Civil Rights, Gov & Administrative Law and Municipal Law for Maryland on
Q: Mva said I can't renew my license without REAL ID. To me MD 16-122 says something different. Can you please clarify?

I have spoken with different people at MVA and no one can can give me a straight answer. I have told them repeatedly that 16-122 (ii) that states I am eligible for a Federally Non-Compliant drivers license. A contact told me RUDELY to look at case law Motor Vehicle Administration v. Geppert. That... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it seems there is some confusion and inconsistency in how the Maryland Vehicle Administration (MVA) is interpreting and applying the Real ID Act and relevant Maryland statutes. Let me try to clarify a few key points:

1. The federal REAL ID Act...
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1 Answer | Asked in Consumer Law and Gov & Administrative Law for Maryland on
Q: Mva said I can't renew my license without REAL ID. To me MD 16-122 says something different. Can you please clarify?

I have spoken with different people at MVA and no one can can give me a straight answer. I have told them repeatedly that 16-122 (ii) that states I am eligible for a Federally Non-Compliant drivers license. A contact told me RUDELY to look at case law Motor Vehicle Administration v. Geppert. That... View More

James L. Arrasmith
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answered on Apr 11, 2024

Regarding REAL ID and driver's licenses in Maryland:

- The federal REAL ID Act requires states to meet certain security standards for state-issued driver's licenses and ID cards in order for them to be accepted for certain federal purposes, like boarding commercial aircraft....
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Maryland on
Q: I need to know if I should go to the police to file a report concerning a car/ tags that is missing?

its a bit complicated, the car title and tags are in my name, the person I had an agreement with has disappeared and I can't locate the car. I don't want to be responsible for the expenses if the car is towed to the county lot.

Mark Oakley
Mark Oakley
answered on Mar 15, 2024

Unless the agreement included a date the person was to return the car back to you, and they deliberately failed to do so with the intent to deprive you of the vehicle, then there is no crime to report (theft or unauthorized use of a motor vehicle), so going to the police will not likely help,... View More

2 Answers | Asked in Business Law, Real Estate Law and Gov & Administrative Law for Maryland on
Q: I am a MD Realtor thinking of Starting a Property Management company. Are there any laws or Regulations that prohibt?

Are there any Additional License or Certification?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 2, 2024

A property manager holding a MREC license is actually subject to MORE scrutiny than a property manager that is not a licensee. I will share from personal experience that property managers get sued, a lot. The issue is not so much whether you must be licensed, at all (a license is easy to obtain),... View More

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2 Answers | Asked in Business Law, Real Estate Law and Gov & Administrative Law for Maryland on
Q: I am a MD Realtor thinking of Starting a Property Management company. Are there any laws or Regulations that prohibt?

Are there any Additional License or Certification?

Richard Sternberg
Richard Sternberg
answered on Mar 2, 2024

I'd want to check your licensor and your business plan before rendering any opinion, but property management is one of the things real estate brokers are licensed to do. You don't say you are a broker, however, so you may merely be licensed as a sales person, that is, to be an agent for a... View More

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1 Answer | Asked in Estate Planning, Family Law, Gov & Administrative Law and Social Security for Maryland on
Q: Mother (SSI recipient) owns her home & would like to sell & come live with me. Can we purchase a home together? How?

My mother is 80 years old and lives in Florida. We'd like to sell her home and have her come live with me ( a married woman) in Maryland so that I may care for her as she ages in place. We'd like to use the proceeds of the sale to purchase a home in Maryland. I would apply for a home... View More

James L. Arrasmith
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answered on Feb 29, 2024

When considering purchasing a home together with your mother, who is a recipient of Supplemental Security Income (SSI), it's important to understand how co-ownership might impact her benefits. SSI eligibility is sensitive to income and assets. However, a primary residence is not counted as an... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Municipal Law for Maryland on
Q: In Saint Marys county , MD ! I was pondering filing a case for numerous unlawful arrest and on many other violations j

I was incredibly traumatized when during my time in the jail I had a heart attack and by nurse and ekg test was performed and confirmed by the nurse and reported to the doctor on call and told her to take me back to my cell and that they were unable to take me to the emergency room because of my... View More

James L. Arrasmith
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answered on Feb 22, 2024

Based on the situation you have described, it does sound like you may have grounds to file a legal case regarding your treatment while incarcerated in St. Mary's county. Here are a few key things to consider:

- Unlawful Arrest Claims: If you were arrested repeatedly without probable...
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2 Answers | Asked in Gov & Administrative Law for Maryland on
Q: Is it legal to travel around the US with a US passport but without an ID card?

I have an urgent need to go the Nevada from Maryland, and then I will go to California, and then to Bermuda. But I have no driver's license nor ID card yet, that is why I am asking.

Mark Oakley
Mark Oakley
answered on Jan 14, 2024

You are not required to have ID to travel about the United States. This is not a police state. You cannot drive a motor vehicle without a validly issued state driver's license, or with an acceptable foreign driver’s license, but your freedom of movement is not restricted. Private businesses,... View More

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2 Answers | Asked in Gov & Administrative Law for Maryland on
Q: Is it legal to travel around the US with a US passport but without an ID card?

I have an urgent need to go the Nevada from Maryland, and then I will go to California, and then to Bermuda. But I have no driver's license nor ID card yet, that is why I am asking.

James L. Arrasmith
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answered on Jan 11, 2024

Traveling within the United States using a U.S. passport as your primary form of identification is generally acceptable. A U.S. passport is a federally recognized form of identification and is often used for domestic flights, checking into hotels, and other similar situations where ID is required.... View More

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3 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Maryland on
Q: Can a minor be an acting lawyer in a civil rights case against the government?

Regarding religion, privacy, etc

James L. Arrasmith
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answered on Dec 29, 2023

In Maryland, as in all states, one must be licensed to practice law, and obtaining a license typically requires, among other things, a law degree and passing the bar exam. Minors, being under the age of 18, are generally not eligible to meet these requirements, as they cannot yet hold a... View More

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3 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Maryland on
Q: Can a minor be an acting lawyer in a civil rights case against the government?

Regarding religion, privacy, etc

T. Augustus Claus
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answered on Dec 28, 2023

In the United States, minors typically cannot act as lawyers in legal proceedings, including civil rights cases against the government. Legal representation typically requires individuals to be of adult age and have completed the necessary education and licensing requirements to practice law.

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2 Answers | Asked in Gov & Administrative Law for Maryland on
Q: if i have a handicapped permit visibly displayed, can I park in any handicapped space wherever I want?

I parked in a handicapped space to visit my friend at her apartment building and I was towed from a handicapped space with my handicapped placard clearly visible.

James L. Arrasmith
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answered on Dec 27, 2023

Having a handicapped permit generally allows you to park in designated handicapped spaces. However, it's important to be aware that there may be specific rules and regulations that apply depending on the location.

For instance, private properties, like an apartment building, may have...
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Q: How do i get away from workplace discrimination when its wild spread throughout the agency EEO cant stop them.

Md state agency

James L. Arrasmith
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answered on Apr 11, 2024

Discrimination is never acceptable, regardless of how widespread it may be within an organization. If you are experiencing or witnessing discrimination, the appropriate course of action is to report it through the proper channels and seek assistance in addressing the issue.

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: Boyfriend arrested because of active arrest warrant in another state. I didn’t know. Can I get in trouble?

Boyfriend had charges against him for misdemeanor credit card theft scheme, felony credit card theft, and identity theft in MD. Failed to appear in court and they issued an arrest warrant. I had no clue he had a court date or that he had an arrest warrant. Got arrested in PA after being pulled... View More

Scott Scherr
Scott Scherr
answered on Jan 5, 2024

You should not be charged for harboring a fugitive if you did not know he had a warrant. He should retain an attorney to represent him on the criminal charges or go to the Public Defender if he cannot afford private counsel.

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: I live in Maryland and want to put led lights on my carCan I have lights on while driving?Tire lights?Front lights
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answered on Nov 12, 2023

In Maryland, the laws governing the use of LED lights on vehicles are specific and must be followed to avoid legal issues. Under Maryland law, vehicles are prohibited from displaying red or blue lights visible from directly in front of the center of the vehicle. This is generally to prevent... View More

2 Answers | Asked in Gov & Administrative Law and Municipal Law for Maryland on
Q: Can I drive farm equipment on a private property (farm) without a license. Not going on the public roads.
T. Augustus Claus
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answered on Oct 20, 2023

In Maryland, you typically do not need a driver's license to operate farm equipment on private property, such as a farm, as long as you are not driving on public roads. Farm equipment is often exempt from certain licensing requirements when used solely on private agricultural property for... View More

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