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Title 01
EXECUTIVE DEPARTMENT
Subtitle 02 SECRETARY OF STATE
Chapter 01 Lobbying Expense Report
Repealed
Administrative History
Effective date: February 21, 1975 (2:6 Md. R. 430)
Chapter repealed effective October 3, 1988 (15:20 Md. R. 2332)
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Title 01
EXECUTIVE DEPARTMENT
Subtitle 02 SECRETARY OF STATE
Chapter 02 Disclosure by Persons Doing Public Business
Repealed
Administrative History
Effective date: August 6, 1975 (2:17 Md. R. 1185)
Chapter repealed effective October 3, 1988 (15:20 Md. R. 2332)
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Title 01
EXECUTIVE DEPARTMENT
Subtitle 02 SECRETARY OF STATE
Chapter 03 Charitable Organizations: Procedural Regulations
Authority: Business Regulation Article, §6-204; State Government Article, §§10-123 and 10-204; Annotated Code of Maryland
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.01 Scope.
These regulations apply to controversies and hearings arising under the Maryland Charitable Solicitations Act, Business Regulation Article, Title 6, Annotated Code of Maryland.
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.02 Definitions.
A. "Act" means the Maryland Solicitations Act, Business Regulation Article, Title 6, Annotated Code of Maryland.
B. "Day" means calendar day.
C. "Party" means any person requesting a hearing and any person or agency having an interest in the outcome of a hearing.
D. "Petitioner" means any person requesting a regulation change or a declaratory ruling.
E. "Respondent" means any person requesting a hearing from the ... |
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.03 Petition for Adoption of Regulations.
A. Who May File. Any interested person may file with the Secretary a petition requesting the promulgation, amendment, or repeal of any regulation.
B. Form. The petition shall be in writing and shall contain the name, address, and telephone number of the petitioner. It shall also contain the proposed regulation change and a brief statement of reasons in support of the change.
C. Submission, Consideration, and Di... |
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.04 Petition for Declaratory Ruling.
A. Who May File. Any interested person may file with the Secretary a petition for a declaratory ruling with respect to the applicability of the Act or any regulation pertaining to the Act, to any person, property, or state of facts.
B. Form. The petition shall be in writing. It shall contain a detailed statement of the facts underlying the questioned applicability of the regulation or the Act and shall pose the question of whe... |
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.05 Right to a Hearing.
A. Who May Request a Hearing. Any person adversely affected by any action taken by the Secretary as a result of an investigation pursuant to Business Regulation Article, §6-205, Annotated Code of Maryland, is entitled to a hearing before the Secretary.
B. Notice.
(1) Whenever the Secretary notifies a person that the Secretary has taken action which may adversely affect that person or that person's ability to engage in solicitati... |
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.06 Requests for Hearings.
Any person entitled to a hearing may file with the Secretary a petition requesting a hearing. The petition shall be filed within 30 days of the date of the Secretary's decision, failure to act, or other action. The Secretary shall mail promptly to each petitioner a notice indicating the date of receipt of the request.
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.07 Date of Hearing Timing.
A. Within 30 days after a request is submitted by a respondent, the Secretary of State shall hold a hearing in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
B. For all other hearing requests, the Secretary shall hold the hearing as promptly as possible and within a reasonable time of the date a request for a hearing is received.
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.08 Right to Counsel.
Any party may appear in person or may be represented by counsel.
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.09 Consolidation of Requests for Hearings.
The Secretary may consolidate requests for hearings, when the sole issue involved is one of policy, and hold a group hearing. In all group hearings, the procedures contained in these regulations shall be followed.
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.10 Prehearing Procedure.
A. Notice of Hearings. The Secretary shall provide reasonable notice to a party of the date, time and place of a hearing. If the petitioner notifies the Secretary that the date designated is not convenient, the Secretary may designate another date which is convenient to the petitioner.
B. Briefs. Each party may submit briefs containing arguments relating to the issues of fact and law involved in the hearing. If briefs are submitted, the ... |
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.11 Hearing Procedure.
A. Administrative Procedure Act. All hearings held pursuant to Business Regulation Article, Title 6, Annotated Code of Maryland, or these regulations shall be subject to the provisions of the Administrative Procedure Act.
B. Parties. The Secretary, or the designee of the Secretary, shall permit any party to be present at the hearings.
C. Presiding Officer. The Secretary, or the Secretary's designee, shall be the presiding officer... |
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.12 Withdrawn or Abandoned Requests for Hearings.
A. Withdrawn Requests for Hearings. A request for a hearing may be withdrawn in writing by the petitioner or their counsel at any time.
B. Abandoned Requests for Hearings. The Secretary shall consider a request for a hearing abandoned if neither the petitioner nor the petitioner's counsel appears at the hearing.
C. Denied or Dismissed Requests for Hearings. The Secretary shall deny or dismiss a request ... |
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.13 Records.
A. Preparation. The Secretary shall prepare an official stenographic record of the proceedings in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. The record shall include all pleadings, testimony, exhibits, and other memoranda or material filed in the proceedings. Any party requesting a typewritten transcript of the hearing, or part of it, is responsible for its cost.
B. Availability. The record shall be av... |
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.14 Decisions.
A. Content and Distribution.
(1) Every final decision rendered by the Secretary shall be in writing and shall be accompanied by findings of fact and conclusions of law.
(2) The findings of fact shall consist of a concise statement of the conclusions upon each contested issue of fact.
(3) The Secretary shall mail to each party or each party's counsel a copy of the decision and accompanying findings and conclusions within 30 day... |
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Administrative History
Effective date: February 10, 1978 (5:3 Md. R. 134)
Regulation .02A, D amended effective August 8, 2022 (49:16 Md. R. 757) Regulation .02E adopted effective August 8, 2022 (49:16 Md. R. 757) Regulation .03C amended effective October 3, 1988 (15:20 Md. R. 2332); August 8, 2022 (49:16 Md. R. 757)
Regulation .04C amended effective August 8, 2022 (49:16 Md. R. 757) Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2332); November 13, 200... |
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Title 01
EXECUTIVE DEPARTMENT
Subtitle 02 SECRETARY OF STATE
Chapter 04 Charitable Organizations: Substantive Regulations
Authority: Business Regulation Article, §6-204, Annotated Code of Maryland
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.01 Definitions.
A. Terms defined in Business Regulation Article, §6-101, Annotated Code of Maryland, shall have the same meaning for the purposes of these regulations as they do in the Act.
B. Terms defined in these regulations shall have the same meaning for the purposes of the Act as they do in these regulations.
C. "Act" means Business Regulation Article, Title 6, Annotated Code of Maryland.
D. Bona Fide Religious Organization.
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.02 Responsibilities of Persons Regulated.
A. Notice of Tax Deductibility.
(1) An organization shall advise its members of the amount, if any, of the membership fees, dues, fines, or assessments which the Internal Revenue Service does not consider tax deductible as a contribution.
(2) An organization shall advise each purchaser or contributor of the amount, if any, of the contribution which the Internal Revenue Service does not consider tax deductible... |
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.03 Responsibilities of the Secretary.
A. Notification to Persons Not Registered. The Secretary shall:
(1) Identify to the extent possible persons who have not registered and are subject to the provisions of the Act;
(2) Send to those identified the necessary forms and instructions and with instructions on how to access a copy of the Act and regulations; and
(3) Advise the person not in compliance of the person's unlawful solicitation and no... |
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.04 Allocation of Expenses.
A. Program Services Expenses.
(1) Program services expenses are activities which the organization was created to conduct and which form the basis for the organization's tax-exempt status. Each major program service shall be distinguishable from all other program services, and shall include activities, the costs of which can be practicably segregated and accounted for in the records of the organization.
(2) Examples of program services expenses inc... |
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.05 Repealed.
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.06 Payments for Property Sold or Services Rendered.
If an organization implies or states that payments for property sold or services rendered by the organization will be used in whole or in part for charitable purposes, the act of selling property or rendering services shall be a solicitation, and all the payments shall be contributions.
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.07 Declaratory Rulings as to Status.
An organization uncertain of its status under that Act may request a declaratory ruling from the Secretary in accordance with COMAR 01.02.03.
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.08 Repealed.
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.09 Determination of Charitable Purpose.
A. Charitable Purpose and Noncharitable Purposes. An organization's governing instrument, actions, deeds, oral statements and written materials shall be used to determine whether the organization has a charitable purpose.
B. Solicitations. If a solicitation reflects both the charitable and noncharitable purposes of the organization, the proceeds of the entire solicitation shall be designated for charitable purposes.
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.10 Method of Delivery of Required Forms and Other Written Materials.
A. Mailing Address. The official mailing address of the Secretary for delivery and receipt of any mail, information, filings, registrations, applications, or other material required by the Act or regulations promulgated by the Secretary of State pursuant to §6-204 of the Act is: Office of the Secretary of State, Charitable Organizations Division, 16 Francis Street, Annapolis, MD 21401.
B. Elect... |
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.11 Consolidated Filings.
An organization which files a consolidated registration statement on behalf of its Maryland chapters, branches, or affiliates, shall state separately the names and addresses of those organizations included in the consolidated filing.
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.12 Federated Fund-Raising Organizations.
A federated fund-raising organization shall state the names and addresses of its member agencies in its registration statement.
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.13 Employee of a Charitable Organization.
In determining whether an individual is an employee of an organization, a professional solicitor, or a fund-raising counsel, the payment of payroll taxes on behalf of the individual and reporting the payments, salaries, or fees as income for the individual to the Internal Revenue Service is evidence that an employer-employee relationship exists. The Secretary may require proof that these are being reported to the Internal Revenue Service.
... |
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.14 Repealed.
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.15 Complaints.
A. Complaints alleging a violation of the Act or these regulations may be filed with the Secretary.
B. A complaint shall:
(1) Be in writing;
(2) State the name, address, and telephone number of the complainant;
(3) State to the extent possible the nature of the alleged violation, the date of occurrence, and the name of each person involved;
(4) Include to the extent possible any materials distributed by ... |
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.16 Disclosure of Information.
The Secretary may request additional information which relates to a true and full disclosure of facts affecting a person's past or impending solicitation or practices, to aid the Secretary in the administration of the Act.
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| 01.02.04.17.aspx | 9984 | | 10/20/2022 8:41:30 PM | 1687 | https://dsd.maryland.gov/regulations/Pages/Forms/AllItems.aspx | html | False | aspx | | 01.02.04.17 | 17 | 01 | 02 | 04 | 01.02.04 | Repealed.
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.17 Repealed.
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.18 Repealed.
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.19 Prohibited Acts.
A. Closely Related Names. A person may not use a name, symbol, or statement so closely related to that used by a charitable organization or governmental agency that the use would tend to confuse or mislead the public.
B. Restrictions on Use of Name. A person may not use a name implying an activity in any field of law enforcement, public safety, fire fighting, or emergency services unless a majority of the members of the organization are activ... |
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.20 Professional Solicitors' and Fund-Raising Counsel's Contracts.
A. The Secretary of State shall make a determination that a contract between a professional solicitor or fund-raising counsel and a charitable organization does or does not comply with Maryland law within 30 days of the filing of the contract with the Secretary of State. Upon notification that a contract does not comply with the Maryland law, a new contract or contract addendum addressing the provisions not in complian... |
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.20-1 Charitable Organizations Affiliated with State Agencies.
A. A charitable organization affiliated with a State agency that is required to register with the Secretary of State as a charitable organization shall file with its registration statement and with each annual report an audit prepared in accordance with generally accepted auditing standards if it is required to do so under §6-402(b)(7)(i) of the Act.
B. The auditor's opinion shall state whether the fi... |
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.21 Penalties.
A person who violates these regulations is subject to the penalties contained in Business Regulation Article, §6-619, Annotated Code of Maryland.
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Administrative History
Effective date: February 10, 1978 (5:3 Md. R. 134)
Regulations .01.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)
Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)
Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)
Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)
Regulation ... |
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Title 01
EXECUTIVE DEPARTMENT
Subtitle 02 SECRETARY OF STATE
Chapter 05 Access to Public Records
Authority: State Government Article, §10-613, Annotated Code of Maryland
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.01 General.
These regulations set out the procedures for the filing of requests with the Secretary of State for the inspection and copying of records under State Government Article, §§10-61110-628, Annotated Code of Maryland. It is the policy of the Secretary to facilitate public access to the records of the office when this access is allowed by law by minimizing costs and time delays to persons requesting information.
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*** |
.02 Definitions.
***
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Act" means the provisions of State Government Article, §§10-61110-628, Annotated Code of Maryland.
(2) "Applicant" means a person or governmental unit that asks to inspect a public record.
(3) "Office" means the Office of the Secretary of State.
(4) "Office custodian", or "custodian", means the Secretary of State or the Secretary's designee who ha... |
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.03 Who May Request.
A person or governmental unit may request to inspect or copy any public record that is in the custody and control of the Office.
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.04 Necessity for Written Request.
The custodian shall make public records available for inspection by an applicant without demanding a written request. However, a written request shall be required when the custodian reasonably believes that the Act or any other law may prevent the disclosure of the record to the applicant or when the custodian believes that a written request will materially assist the Office in responding to the request. An applicant furnished a copy of any record ma... |
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.05 Contents of Written Request.
A written request shall contain the applicant's name and address, be signed and dated by the applicant, and shall reasonably identify by brief description the record sought.
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.06 Filing the Request.
A written request for a record in the custody and control of the Office shall be addressed to the custodian of the record. If the custodian of the record is unknown to the applicant, the request may be addressed to the Secretary.
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.07 Response to Request.
A. Within 10 working days of the receipt of the written request, the Office custodian shall respond to the written request for a record. This time period period may be extended for a period not to exceed an additional 20 working days if the custodian notifies the applicant in writing that the additional time is needed to respond to the request.
B. If the custodian denies the person access to a requested record or any portion of it, the custodian shall pro... |
