1920

LAWS OF MARYLAND

Ch. 240

A PERSON MAY NOT:

(1)  MAKE A WRITTEN REPORT THAT FALSELY CERTIFIES
THE RESULTS OF ANY INSPECTION, EXAMINATION,. OR TEST THAT IS
MADE TO DETERMINE IF THERE IS A VIOLATION OF ANY PROVISION
OF PART VI OF THIS SUBTITLE;

(2)  USE TO THAT PERSON'S OWN PERSONAL ADVANTAGE
ANY INFORMATION THAT IS ACQUIRED UNDER AUTHORITY OF THIS
SUBTITLE AND CONCERNS ANY METHOD OR PROCESS THAT IS ENTITLED
TO PROTECTION AS A TRADE SECRET; OR

(3)  OTHER THAN TO THE SECRETARY, TO THE
SECRETARY'S AUTHORIZED REPRESENTATIVE, OR TO A COURT IN A
JUDICIAL PROCEEDING UNDER THIS SUBTITLE, REVEAL ANY
INFORMATION THAT:

(I)  IS ACQUIRED UNDER AUTHORITY OF THIS
SUBTITLE; AND

(II)  CONCERNS ANY METHOD OR PROCESS THAT
IS ENTITLED TO PROTECTION AS A TRADE SECRET.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 187B(8) and (12).

4-260. DEFENSES TO ALLEGED VIOLATIONS; BURDEN OF PROOF.

(A)  GENERAL DEFENSE.

EXCEPT AS TO AN ALLEGED VIOLATION THAT IS ENUMERATED
UNDER SUBSECTION (B)(2) OF THIS SECTION, A PERSON MAY NOT BE
CONVICTED OF ANY VIOLATION OF PART VI OF THIS SUBTITLE, IF,
WITH RESPECT TO THE ALLEGED VIOLATION, THE PERSON
ESTABLISHES BY A PREPONDERANCE OF EVIDENCE THAT THE PERSON
DID NOT COMMIT THE ALLEGED VIOLATION PURPOSELY, KNOWINGLY,
RECKLESSLY, OR NEGLIGENTLY.

(B)  ADDITIONAL ELEMENTS OF DEFENSE TO CERTAIN CHARGES.

(1) A PERSON MAY NOT BE CONVICTED OF ANY
VIOLATION OF THE PROVISIONS OF THIS SUBTITLE THAT ARE
ENUMERATED UNDER PARAGRAPH (2) OF THIS SUBSECTION, IF, WITH
RESPECT TO THE ALLEGED VIOLATION, THE PERSON ESTABLISHES BY
A PREPONDERANCE OF THE EVIDENCE THAT:

(I) FOR THE PURPOSE OF DISCLOSING THE
POSSIBLE EXISTENCE OF THE VIOLATION, THE PERSON:

1.  MADE AN INSPECTION, EXAMINATION,
OR TEST; OR

2.  RECEIVED A WRITTEN REPORT THAT
CERTIFIED THE RESULTS OF AN INSPECTION, EXAMINATION, OR TEST