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State Statutes - Maryland - Article Legal Officials - (g10) - Section 45G
Maryland Statutes
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Section 45G

      (a)      To the extent consistent with the provisions of this subtitle, the Corporation shall exercise the powers conferred upon a nonstock corporation by the Corporations and Associations Article, § 5-201 et seq.

      (b)      The Corporation shall provide financial assistance to grantees for the purpose of furnishing legal assistance to eligible clients.

      (c)      The Corporation shall accept in the name of the Corporation, and employ or dispose of in furtherance of the purposes of this subtitle, any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise.

      (d)      The Corporation shall insure that grants and contracts are made so as to provide the most stable, economical and effective delivery of legal assistance and that eligible clients in all areas of the State shall have access to those services. No political test or political qualification may be used in selecting or monitoring any grantee of financial assistance under this subtitle.

      (e)      The Corporation shall establish maximum income levels for client eligibility that are based on the financial inability of a client to engage and compensate competent private counsel and to provide all other necessary expenses of representation. In no event may the maximum income levels for eligibility be set by the Corporation at a level greater than 50 percent of the median family income for the State of Maryland as certified annually by the United States Department of Health and Human Services. These maximum income levels, and eligibility guidelines established by each grantee to implement this section, shall take into consideration:

            (1)      The size of the client's family;

            (2)      Cost of living variations, including differences between urban and rural areas;

            (3)      The assets and income of the client;

            (4)      The fixed debts and medical expenses of the client; and

            (5)      Other factors relevant to the client's ability to pay for the legal services the client requires.

      (f)      The Corporation shall seek to insure the maintenance of the highest quality of service and professional standards, the preservation of attorney-client relationships, and the protection of the integrity of the adversary process from any impairment in furnishing legal assistance to eligible clients.

      (g)      (1)      The Corporation may require from any grantee such reports as it deems necessary regarding activities carried out pursuant to this subtitle.

            (2)      The Corporation may prescribe the keeping of records with respect to funds provided, and shall have access to these records at all reasonable times for the purpose of insuring compliance with the grant or contract or the terms and conditions upon which financial assistance was provided.

            (3)      The Corporation shall publish an annual report which the Corporation shall file with the Governor and, subject to § 2-1246 of the State Government Article, with the General Assembly. This report shall include a description of services provided.

            (4)      The Corporation shall prescribe procedures to insure that, except for lack of available funds, financial assistance committed may not be suspended or terminated and an application for refunding may not be denied unless the grantee has been given reasonable notice and opportunity for a timely, full, and fair hearing conducted by an independent hearing examiner. The hearing shall be held prior to any final decision by the Corporation to terminate financial assistance or suspend or deny funding.

      (h)      The Corporation shall indemnify the members of the Board and its officers, agents, and employees to the maximum extent permitted by the Maryland General Corporation Law.


 
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