§ 4–410
Statutes in effect as of October 1, 2026.
Md. Code Ann., State Fin. & Proc. § 4-410 (2026)
Title 4. Department of General Services
Subtitle 4
§ 4–410LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
(i)
“Assembly area” means a building or facility, or any portion of a building or facility, that:
(1)
is used for the purpose of entertainment, education, or civic gatherings; and
(2)
requires the use of a public address system.
(ii)
“Assembly area” includes:
(1)
an amphitheater, an arena, and a stadium;
(2)
an auditorium;
(3)
a center for the performing arts;
(4)
a classroom and a lecture hall;
(5)
a concert hall;
(6)
a convention center;
(7)
a courtroom;
(8)
a legislative chamber;
(9)
a movie theater, a theater, and a playhouse; and
(10)
a public hearing and meeting room.
(iii)
“Assembly area” does not include any outdoor area.
(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:
(i)
personal hearing device; or
(ii)
receiver, such as a hearing induction loop receiver or other similar technology.
(4)
“Construction or renovation” includes:
(i)
construction;
(ii)
reconstruction; and
(iii)
renovation.
(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:
(i)
a hearing aid;
(ii)
a cochlear implant;
(iii)
a hearing induction loop receiver; or
(iv)
any other personal hearing device that acts as a receiver.
(6)
“Recipient of State funds” means any of the following that receive State money for the construction or renovation of an assembly area:
(i)
a unit of State government;
(ii)
a unit of local government; or
(iii)
a for–profit or nonprofit entity or association.
(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:
(i)
the assembly area uses or requires the use of a public address system; and
(ii)
a State contract has been executed to enable construction or renovation of the assembly area.
(2)
(i)
A recipient of State funds may apply for a waiver from the requirement under paragraph (1) of this subsection if:
(1)
the recipient claims that an assistive listening system is not technologically feasible; or
(2)
there is a dispute regarding whether the requirements of paragraph (1) of this subsection apply to a construction or renovation project.
(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.
(c)
(1)
There is a Hearing Accessibility Advisory Board.
(2)
(i)
The Secretary shall appoint the members of the Board.
(ii)
The Board shall consist of:
(1)
individuals who have expertise in assistive listening systems; and
(2)
consumers who use assistive listening systems.
(3)
The Board shall:
(i)
consult with stakeholders who are State residents who use or will use the facilities being built or renovated, including:
(1)
individuals with hearing loss; and
(2)
organizations that represent people with hearing loss and have background experience and knowledge of the use of assistive listening systems and devices;
(ii)
make recommendations for regulations implementing this section;
(iii)
consider applications for waivers submitted under subsection (b)(2) of this section; and
(iv)
monitor compliance with this section and investigate any complaints regarding noncompliance.
(d)
The Department shall adopt regulations to carry out this section, including regulations regarding:
(1)
proper maintenance and training of staff;
(2)
adequate signage; and
(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.
(e)
This section does not require State agencies or recipients of State funds to retrofit existing facilities that are not undergoing renovation.
(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.
(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.
(2)
In a civil action brought under paragraph (1)(i) of this subsection, the court may:
(i)
grant any equitable relief that the court considers appropriate, including:
(1)
temporary, preliminary, or permanent relief;
(2)
providing an auxiliary aid or service;
(3)
requiring a modification of policy, practice, or procedure; and
(4)
making facilities readily accessible to and usable by individuals with disabilities;
(ii)
assess a civil penalty against the recipient of State funds; or
(iii)
award any other relief the court considers to be appropriate.
(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.