1318                                         LAWS OF MARYLAND                                     Ch. 284

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 41, § 256.

In subsection (a)(2) of this section, the former
reference "to review or to further review" is deleted
as implicit in the statement that this section does
not apply to a final judgment.

In subsection (b) of this section, the phrase "may
appeal" is substituted for the former phrase "may
secure a review ... by appeal", for brevity.

Also in subsection (b) of this section, the former
reference to "from law courts" is deleted as
unnecessary since any distinction in the manner of
appeal from courts of law and equity no longer exists.

10-217. LITIGATION EXPENSES FOR SMALL BUSINESSES.

(A)  "BUSINESS" DEFINED.

IN THIS SECTION, "BUSINESS" MEANS A TRADE, PROFESSIONAL
ACTIVITY, OR OTHER BUSINESS THAT IS CONDUCTED FOR PROFIT.

(B)  SCOPE OF SECTION.

THIS SECTION APPLIES ONLY TO:

(1)  AN AGENCY OPERATING STATEWIDE; AND

(2)  A BUSINESS THAT, ON THE DATE WHEN THE CONTESTED
CASE OR CIVIL ACTION IS INITIATED:

(I)   IS INDEPENDENTLY OWNED AND OPERATED; AND

(II)  HAS LESS THAN 50 EMPLOYEES, INCLUDING, IF
A CORPORATION OWNS 50% OR MORE OF THE STOCK OF THE BUSINESS, EACH
EMPLOYEE OF THE CORPORATION.

(C)  REIMBURSEMENT AUTHORIZED.

SUBJECT TO THE LIMITATIONS IN THIS SECTION, AN AGENCY OR
COURT MAY AWARD TO A BUSINESS REIMBURSEMENT FOR EXPENSES THAT THE
BUSINESS REASONABLY INCURS IN CONNECTION WITH A CONTESTED CASE OR
CIVIL ACTION THAT:

(1)  IS INITIATED AGAINST THE BUSINESS BY AN AGENCY AS
PART OF AN ADMINISTRATIVE OR REGULATORY FUNCTION;

(2)  IS INITIATED WITHOUT SUBSTANTIAL JUSTIFICATION OR
IN BAD FAITH; AND

(3) DOES NOT RESULT IN: