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Home » US Law » 2022 Maryland Statutes » Environment » Title 6 - Toxic, Carcinogenic, and Flammable Substances » Subtitle 8 - Reduction of Lead Risk in Housing » Part V - Qualified Offer » Section 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.