{"data":{"id":"us-md/md.-code-state-finance-and-procurement-4-410","jurisdiction":"us-md","citation":"Md. Code, State Finance and Procurement § 4–410","heading":"","body":"(a) (1) In this section the following words have the meanings indicated.\n(2) (i) “Assembly area” means a building or facility, or any portion of a building or facility, that:\n1. is used for the purpose of entertainment, education, or civic gatherings; and\n2. requires the use of a public address system.\n(ii) “Assembly area” includes:\n1. an amphitheater, an arena, and a stadium;\n2. an auditorium;\n3. a center for the performing arts;\n4. a classroom and a lecture hall;\n5. a concert hall;\n6. a convention center;\n7. a courtroom;\n8. a legislative chamber;\n9. a movie theater, a theater, and a playhouse; and\n10. a public hearing and meeting room.\n(iii) “Assembly area” does not include any outdoor area.\n(3) “Assistive listening system” means an amplification system using transmitters to bypass the acoustical space between a sound source and a listener by means of a wireless direct connection, such as a hearing induction loop system, that couples to a:\n(i) personal hearing device; or\n(ii) receiver, such as a hearing induction loop receiver or other similar technology.\n(4) “Construction or renovation” includes:\n(i) construction;\n(ii) reconstruction; and\n(iii) renovation.\n(5) “Hearing induction loop” means a hearing loop or T–loop system that takes a sound source and transfers it directly via a magnetic signal to:\n(i) a hearing aid;\n(ii) a cochlear implant;\n(iii) a hearing induction loop receiver; or\n(iv) any other personal hearing device that acts as a receiver.\n(6) “Recipient of State funds” means any of the following that receive State money for the construction or renovation of an assembly area:\n(i) a unit of State government;\n(ii) a unit of local government; or\n(iii) a for–profit or nonprofit entity or association.\n(b) (1) A recipient of State funds shall install an assistive listening system in an assembly area during the construction or renovation of the assembly area if:\n(i) the assembly area uses or requires the use of a public address system; and\n(ii) a State contract has been executed to enable construction or renovation of the assembly area.\n(2) (i) A recipient of State funds may apply for a waiver from the requirement under paragraph (1) of this subsection if:\n1. the recipient claims that an assistive listening system is not technologically feasible; or\n2. there is a dispute regarding whether the requirements of paragraph (1) of this subsection apply to a construction or renovation project.\n(ii) A waiver request under subparagraph (i) of this paragraph shall include a description of the alternative assistive listening technology the recipient will use to comply with the Americans with Disabilities Act.\n(c) (1) There is a Hearing Accessibility Advisory Board.\n(2) (i) The Secretary shall appoint the members of the Board.\n(ii) The Board shall consist of:\n1. individuals who have expertise in assistive listening systems; and\n2. consumers who use assistive listening systems.\n(3) The Board shall:\n(i) consult with stakeholders who are State residents who use or will use the facilities being built or renovated, including:\n1. individuals with hearing loss; and\n2. organizations that represent people with hearing loss and have background experience and knowledge of the use of assistive listening systems and devices;\n(ii) make recommendations for regulations implementing this section;\n(iii) consider applications for waivers submitted under subsection (b)(2) of this section; and\n(iv) monitor compliance with this section and investigate any complaints regarding noncompliance.\n(d) The Department shall adopt regulations to carry out this section, including regulations regarding:\n(1) proper maintenance and training of staff;\n(2) adequate signage; and\n(3) a requirement for facilities to provide receivers that can use the technology for individuals who do not have a personal hearing device or do not have a hearing device with a telecoil or other built–in receiver.\n(e) This section does not require State agencies or recipients of State funds to retrofit existing facilities that are not undergoing renovation.\n(f) (1) (i) A person may bring a civil action for a violation of this section or if the person has reasonable grounds for believing that this section will be violated.\n(ii) A person may not be required to take any other action before bringing a civil action under subparagraph (i) of this paragraph for a potential violation of this section if the person has actual notice that a recipient of State funds does not intend to comply with the requirements of this section.\n(2) In a civil action brought under paragraph (1)(i) of this subsection, the court may:\n(i) grant any equitable relief that the court considers appropriate, including:\n1. temporary, preliminary, or permanent relief;\n2. providing an auxiliary aid or service;\n3. requiring a modification of policy, practice, or procedure; and\n4. making facilities readily accessible to and usable by individuals with disabilities;\n(ii) assess a civil penalty against the recipient of State funds; or\n(iii) award any other relief the court considers to be appropriate.\n(3) If a court orders injunctive relief under paragraph (1) of this subsection, the order shall include a requirement that the facilities be altered to make the facilities readily accessible to and usable by individuals with disabilities to the extent required by this section.","path":["Article - State Finance and Procurement"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gsf\u0026section=4-410","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T20:00:48Z","sha256":"e8f52ca20768fe3c4f332bb38a094a2aff612a53d61e1745ecc5f63218c63056","source_id":"us-md","stale":false,"prev":"us-md/md.-code-state-finance-and-procurement-4-409","next":"us-md/md.-code-state-finance-and-procurement-4-410.1"},"notice":"GroundRules: Original legal text. Not legal advice."}