2010 Maryland Code
ENVIRONMENT
TITLE 6 - TOXIC, CARCINOGENIC, AND FLAMMABLE SUBSTANCES
Subtitle 8 - Reduction of Lead Risk in Housing
Section 6-836.1 - Protection from liability; regulatory compliance - Discovery and evidentiary hearing.
§ 6-836.1. Protection from liability; regulatory compliance - Discovery and evidentiary hearing.
In an action in which the owner's immunity from liability under § 6-835 or § 6-836 of this subtitle is challenged, upon motion by any party and prior to authorizing further proceedings in the action, the court shall:
(1) Allow discovery limited solely to the issue of the owner's immunity under § 6-835 or § 6-836 of this subtitle;
(2) Determine if there are any disputes of material fact as to whether the owner is entitled to immunity under § 6-835 or § 6-836 of this subtitle;
(3) Hold an evidentiary hearing on issues of material fact as to the immunity, if any, which shall, upon request of any party, be before a jury; and
(4) Determine as a matter of law whether the owner is entitled to immunity from liability under § 6-835 or § 6-836 of this subtitle.
[2004, ch. 540, § 1.]
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