Md. Code Regs. 36.02.08.08

Current through Register Vol. 51, No. 24, December 2, 2024

Section 36.02.08.08 - Requirements for Court Order

A. Preparation of the Court Order.

(1) The assignee seeking assignment shall prepare the court order that will approve the assignment.

(2) The assignee seeking the assignment shall submit a draft of the court order to the Agency for its approval before submitting the court order to the court for its consideration.

B. Content of Court Order. A court order shall:

(1) Include all the information the Agency requires that is consistent with the Assignment Law;

(2) State that, if the assignee or subsequent assignee owes State obligations, all or part of a prize payment may be withheld;

(3) Where applicable, require that the assignee or subsequent assignee be in good standing with the Maryland Department of Assessments and Taxation and any other licensing or regulatory unit whose approval is required in the conduct of the assignee's and subsequent assignee's business prior to the Agency making any prize payment; and

(4) State that the court has found the assignment to be in full compliance with the Assignment Law.

C. Timeliness of Court Order.

(1) Based upon the lottery prize payment installment due dates, the assignor and assignee shall ensure that a court order assigning the lottery prize payment shall be submitted to the Agency in accordance with the following time frames:

(a) For lottery prize payments due in August, the court order shall be received by the Agency by June 1 of that year;

(b) For lottery prize payments due in November, the court order shall be received by the Agency by September 1 of that year;

(c) For lottery prize payments due in February, the court order shall be received by the Agency by December 1 of the preceding year; and

(d) For lottery prize payments due in May, the court order shall be received by the Agency by March 1 of that year.

(2) Consistent with the time frames established in the regulation, the assignee shall submit to Agency's counsel a certified copy of the court order approving the voluntary assignment at least 60 days before the date on which the lottery prize payment is due.

Md. Code Regs. 36.02.08.08

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