Section 4-410 - Assistive listening device in assembly areas(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; and2. requires the use of a public address system.(ii) "Assembly area" includes:1. an amphitheater, an arena, and a stadium;3. a center for the performing arts;4. a classroom and a lecture hall;8. a legislative chamber;9. a movie theater, a theater, and a playhouse; and10. 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: (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:(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; or2. 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; and2. 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; and2. 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; and4. 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.Added by 2019 Md. Laws, Ch. 337,Sec. 1, eff. 7/1/2019.Added by 2019 Md. Laws, Ch. 336,Sec. 1, eff. 7/1/2019.