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Maryland Gov & Administrative Law Questions & Answers
1 Answer | Asked in Environmental, Gov & Administrative Law and Municipal Law for Maryland on
Q: We have a issue with a contractor openly dumping the concrete from the east bound bridge into the Chester river any law

against this activity thaat may serve to stop such a poor idea

Mark Oakley
Mark Oakley
answered on Feb 21, 2023

The Maryland State Department of Natural Resources has jurisdiction over the navigable rivers of Maryland, including police authority, and there are laws prohibiting dumping of trash, waste materials and other objects into rivers, punishable bu criminal and civil fines and penalties. Local county... View More

2 Answers | Asked in Constitutional Law and Gov & Administrative Law for Maryland on
Q: In Maryland is comor the law or does the Constitution matter more for entering public buildings without having to show

ID. I'm referring to a public building in a public lobby simply to do business.

Mark Oakley
Mark Oakley
answered on Feb 17, 2023

I assume you are referring to the Code of Maryland Regulations (COMAR). When the State Legislature enacts legislation establishing various government agencies to perform governmental functions, they grant the power of the agency to enact regulations to carry out the statutory mandate and powers... View More

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2 Answers | Asked in Constitutional Law and Gov & Administrative Law for Maryland on
Q: In Maryland is comor the law or does the Constitution matter more for entering public buildings without having to show

ID. I'm referring to a public building in a public lobby simply to do business.

James L. Arrasmith
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answered on Mar 2, 2023

In Maryland, state law requires that an individual provide identification upon request from a law enforcement officer if the officer has reasonable suspicion to believe that the individual has committed, is committing, or is about to commit a crime. However, for entering a public building to... View More

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1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: How do you obtain a statewide ministerial license in Maryland and Virginia? is one required in both states?
Mark Oakley
Mark Oakley
answered on Feb 7, 2023

There are many providers of minister/clergy licenses where you can get "ordained" in a day or less. Maryland does not have a formal set of laws or regulations about this, beyond the general provision of Family Law Code 2-406(a) for performing marriages: "A marriage ceremony may be... View More

1 Answer | Asked in Business Formation, Business Law, Contracts and Gov & Administrative Law for Maryland on
Q: Can I be paid to fix a reverse osmosis filter without a plumbing license? Would fixing the filter be considered plumbing

The task/job was assigned to me through an app called task rabbit.

Mark Oakley
Mark Oakley
answered on Jan 19, 2023

Maryland Business Occupations and Professions Code, Section 12-101, defines the term plumbing, and the need for a license, as follows:

(n) Provide plumbing services

(1) “Provide plumbing services” means to install, maintain, extend, alter, or remove piping, a plumbing fixture, a...
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1 Answer | Asked in Civil Litigation, Contracts and Gov & Administrative Law for Maryland on
Q: If the fiance (giver of the engagement ring) cheat before marriage can the fiance (receiver of the engagement) keep it?

Wouldn't this be a breach of the proposal/contract?

Mark Oakley
Mark Oakley
answered on Dec 12, 2022

In Maryland, the law views an engagement ring as a "conditional gift" for which marriage is the condition. If the condition is not met, then the recipient must give back the ring, and the giver of the ring is restored ownership. This is different than the usual effect of an... View More

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Maryland on
Q: So can I cross unmarked crosswalks and is it illegal to cross the road where there is no crosswalk line?
Scott Scherr
Scott Scherr
answered on Jun 8, 2022

In Maryland, you can cross where there is an unmarked crosswalk. An unmarked crosswalk is an area where roads intersect, but there are no crosswalk markings. If there is a marked crosswalk at an intersection, you must use the marked crosswalk.

1 Answer | Asked in Gov & Administrative Law and Government Contracts for Maryland on
Q: The complainant is looking for a contingency federal attorney to represent him in his Complainant in Maryland

As a matter of fact, the Complainant was discriminated against and harassed based on race (black), national origin (Nigerian), disability (physical), and retaliation for protected activity (prior activity, opposition to discrimination, and request for reasonable accommodation when: On March 2019 to... View More

Tim Akpinar
Tim Akpinar
answered on Aug 20, 2023

A Maryland attorney could advise best, but your question remains open for three weeks. If you are looking for an attorney, it is going to be difficult for attorneys here to respond to you to offer their services. This site isn't set up like an attorney referral service - it's basically... View More

1 Answer | Asked in Consumer Law and Gov & Administrative Law for Maryland on
Q: Told at the Bel Air MVA office by mgt. that I had to renew my driver's license with a real ID license. Is this correct

I was told that I have no choice but to obtain a real ID license.

When I asked what legal authority mandates that I get a Real ID license, the manager browsed his computer for approximately ten minutes, then said he would issue me a 45 day temporary license to think about it.

He... View More

Scott Scherr
Scott Scherr
answered on Oct 17, 2022

It is a requirement under federal law:

https://mva.maryland.gov/Pages/realid.aspx

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: Can a public building require you to show ID to enter?
Scott Scherr
Scott Scherr
answered on Sep 15, 2022

There is nothing illegal about requiring identification to enter a public building. It helps provide security in case something happens.

1 Answer | Asked in DUI / DWI, Gov & Administrative Law and Municipal Law for Maryland on
Q: I submitted a car registration renewal request online for Maryland and forgot to update the address? What should I do?

I also had switched insurance providers so, would that be a factor as well?

Scott Scherr
Scott Scherr
answered on Aug 21, 2022

Go to the MVA and ask them for the proper information to amend your address and the insurance company. I do not know if that can be done online.

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: How can I claim an abandoned vehicle in Prince George's County Maryland

Police were notified and the vehicle is still sitting in the same place (public road) without tags, for more than 90 days

Mark Oakley
Mark Oakley
answered on Apr 8, 2022

Abandoned vehicles are governed by Maryland Transportation Code, Title 25, Subtitle 2. The process for stripping a titled owner of ownership rights in their vehicle only pertains to vehicles taken into police custody. There is no separate procedure set forth in the code for a private claim of an... View More

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: Can the state clerk of courts refuse to file your documents
Mark Oakley
Mark Oakley
answered on Mar 25, 2022

Yes, for various reasons, typically having to do with procedural filing requirements (e.g., paying any required filing fees; meeting the signature requirement --pleadings and motions must be signed by the party filing them; bearing a certificate of service separately dated and signed--each paper... View More

1 Answer | Asked in Elder Law and Gov & Administrative Law for Maryland on
Q: I failed the road test 3 times in Maryland Driver Re-examination. How can I get another road test?

I am 96-yr old but physically and mentally healthy, supported by medical report. I was referred by police for Mayland Driver Re-examination and unfortunately failed the driving test 3 times. My driver license was confiscated at the 1st failure. My request for the 4th driving test was denied. I... View More

Mark Oakley
Mark Oakley
answered on Jan 8, 2022

A driving test failure is a driving test failure. How do you propose overturning the determination on appeal that you failed the test? Just saying that in your opinion you can drive safely will not be enough. The Administrative Law Judge, and ultimately if you pursue it further, a Circuit Court... View More

Q: Hello, I need to write an acknowledgement to the state of Maryland courts. I am not contesting to the charges

Of second degree assault against my finance. We both have one charge each against each other and didn't want to press charges but state automatically picked it up. I need to make sure I am writing the correct document that I need to have notarized and gives you the state's attorney

Mark Oakley
Mark Oakley
answered on Dec 25, 2021

Stop. Do not do whatever it is you are thinking of doing. Hire a criminal defense attorney before you do something truly foolish and irreversibly ruin your record and damage your career and prospects.

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1 Answer | Asked in Immigration Law, Civil Rights and Gov & Administrative Law for Maryland on
Q: Am I allowed to be a freelancer in the US? I'm18 y.o, my parent has a work visa and we applied for the green card

I am not doing freelancing since I don't know if it's legal and if it's not legal I will wait until I have SSN.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 8, 2021

Without a work authorization you are not allowed to derive any income from any professional activities such as free-lancing. You have to apply for an EAD on eligible grounds if qualify.

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: can I take the Maryland State Police to small claims court
Mark Oakley
Mark Oakley
answered on Sep 16, 2021

Doubtful, but there may be a commercial contractual basis to do so if you are a vendor and the State Police failed to pay for a product or service they ordered. If you are an arrestee or suspect or other object of their policing authority, then the answer is almost certainly no. Small claims... View More

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: How is 25-106 enforced if a local government is in violation?
Scott Scherr
Scott Scherr
answered on Jun 16, 2021

Your question is too broad since you do not give any details. Are you speaking about the duty to maintain traffic signals? It can be a defense to a citation if the traffic signal was defective or not properly placed.

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Civil Rights for Maryland on
Q: If I have a misdemeanor conviction in Maryland will my record follow me to another state?
Mark Oakley
Mark Oakley
answered on Jun 6, 2021

Yes. All criminal offenses are entered into an FBI nationwide database. It’s what is consulted for criminal background checks. All law enforcement agencies nationwide are required to put criminal charges and case dispositions into the database. The only way to remove a record is if the charge... View More

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: What can an inmate do when a judge's order is not being effectuated in a timely manner by the State of Florida?

My son, a paranoid schizophrenic, is in jail ( Florida) for a probation violation. On March 9th the judge ruled that he be transported to the State Mental Health Hospital for treatment. It is over a month and he has not been provided the treatment ordered by the judge. His mental health is... View More

Mark Oakley
Mark Oakley
answered on Apr 9, 2021

Your son needs a Florida criminal defense lawyer to file an emergency motion and/or petition for writ of habeas corpus, both to enforce the judge's order and to raise grounds of a violation of your son's constitutional right to be free from cruel and unusual punishment (failure to treat... View More

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