Md. Code Regs. 36.02.08.01

Current through Register Vol. 51, No. 22, November 1, 2024

Section 36.02.08.01 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Assignee" means a person who enters into a contract of assignment with a lottery prize winner or the estate of a lottery prize winner to obtain by court order voluntary assignment of the lottery prize winner's lottery prize payment in whole or in part.

(2) "Assignee affidavit" means a sworn statement made under oath before a notary public by a person representing that the person seeks to obtain an assignment.

(3) "Assignment" means the voluntary written transfer under a court order pursuant to the Assignment Law by:

(a) A lottery prize winner of all or part of the lottery prize winner's prize payment to an assignee or subsequent assignee by court order; or

(b) An assignee or subsequent assignee of the same or related lottery prize payment that was previously assigned by court order.

(4) "Assignment Law" means State Government Article, § 9-122(b)(1) -(4), Annotated Code of Maryland, and this chapter.

(5) "Assignor" means:

(a) A lottery prize winner who makes the assignment of a lottery prize payment in whole or in part to an assignee or a subsequent assignee; or

(b) An assignee or subsequent assignee who seeks a court order to reassign the same or related lottery prize payment that was previously assigned by court order.

(6) "Assignor affidavit" means a sworn statement made under oath before a notary public by:

(a) A lottery prize winner who seeks to assign in whole or in part the lottery prize winner's monetary prize payment; or

(b) A person who was previously granted assignment by the court of the same or a related lottery prize payment that the person seeks to reassign.

(7) "Contract of assignment" means the written instrument, however named, that is used to execute an assignment of a lottery prize payment.

(8) "Court" means the court in the county where the Agency's headquarters are located.

(9) "Lottery prize payment" means a monetary prize that the Agency pays in installments over time.

(10) "Lottery prize winner" means the person who won a lottery prize payment.

(11) "Petition" means a written instrument filed in court requesting the assignment of a lottery prize payment.

(12) "Subsequent assignee" means a person designated by court order to receive the same or a related lottery prize payment from the Agency.

Md. Code Regs. 36.02.08.01

Effective date: 40:9 Md. R. 790, eff.5/13/2013 ; amended effective 46:1 Md. R. 13, eff. 1/14/2019