Md. Code, State Government, Title 8

Md. Code, State Government, Title 8
in effect

Md. Code, State Government § 8-3A-01

(a) (1) In this section the following words have the meanings indicated. (2) “Appointing authority” has the meaning stated in § 1–101(b) of the State Personnel and Pensions Article. (3) “Office” means the Appointments Office in the Office of the Governor that performs the function of recommending to the Governor the appointment or nomination of an individual to serve as a member of a State or local board, commission, council, committee, authority, task force, or other entity that by law requires the membership to be appointed in whole or in part by the Governor, whether or not the appointment or nomination is with the advice and consent of the Senate or House of Delegates. (b) The Office may not direct, overrule, or otherwise take any action regarding the decision of an appointing authority, the Secretary of Budget and Management, or any unit of the Department of Budget and Management to appoint, promote, transfer, reassign, discipline, or terminate an employee under the jurisdiction of the appointing authority. (c) Only an appointing authority may delegate in writing the authority to act on the appointing authority’s behalf, but only to an employee or officer under the jurisdiction of the appointing authority. (d) An appointing authority may not delegate the authority to make the final decision on the termination of an employee. (e) An appointing authority shall notify the Secretary of Budget and Management of any delegation of authority authorized under this section by providing the Secretary a copy of the delegation.

Md. Code, State Government § 8-3A-02

(a) On or before December 1 of each gubernatorial election year: (1) the Secretary of Budget and Management shall compile a list of the position, pay grade, and title of each employee in the State Personnel Management System who is employed with regard to political affiliation, belief, or opinion under § 4–201(c)(2)(ii) of the State Personnel and Pensions Article; and (2) the Secretary of Transportation shall compile a list of the position, pay grade, and title of each employee in the Maryland Department of Transportation’s Human Resource System who is employed with regard to political affiliation, belief, or opinion under § 2–103.4(b)(2)(ii) of the Transportation Article. (b) The Secretary of Transportation shall provide the list of employees required under subsection (a)(2) of this section to the Secretary of Budget and Management on or before December 15 of each gubernatorial election year. (c) In accordance with § 2–1257 of this article, on or before December 31 of each gubernatorial election year, the Secretary of Budget and Management shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Delegates on the total number of State employees employed with regard to political affiliation, belief, or opinion under this section.

Md. Code, State Government § 8-103

The Council includes: (1) the Governor; (2) the Lieutenant Governor; (3) the Secretary of State; (4) the secretary of each principal department of the Executive Branch of the State government; (5) the State Superintendent of Schools; and (6) the Secretary of Higher Education.

Md. Code, State Government § 8-201

(a) The Executive Branch of the State government shall have not more than 22 principal departments, each of which shall embrace a broad, functional area of that Branch. (b) The principal departments of the Executive Branch of the State government are: (1) Aging; (2) Agriculture; (3) Budget and Management; (4) Commerce; (5) Disabilities; (6) Emergency Management; (7) the Environment; (8) General Services; (9) Health; (10) Housing and Community Development; (11) Human Services; (12) Information Technology; (13) Juvenile Services; (14) Labor; (15) Natural Resources; (16) Planning; (17) Public Safety and Correctional Services; (18) Service and Civic Innovation; (19) Social and Economic Mobility; (20) State Police; (21) Transportation; and (22) Veterans and Military Families.

Md. Code, State Government § 8-202

(a) (1) Unless placed by law or expressly exempted from placement by law, the officers and units in the Executive Branch of the State government that are not principal departments may be placed by the Governor in any principal department. (2) Unless expressly exempted from placement by law, an interstate, regional, or other intergovernmental unit in which the State participates shall be placed in the appropriate principal department. (b) Notwithstanding the placement of a unit in a principal department: (1) the powers and duties that are assigned by law to the unit are not changed; (2) a State officer or State employee who is not in the State Personnel Management System and is transferred with the unit remains exempt from the provisions of the State Personnel and Pensions Article unless the officer or the employee is placed in the State Personnel Management System in accordance with those provisions; and (3) the head of a unit who is in the State Personnel Management System or holds the position other than at the pleasure of the Governor does not cease to be in the State Personnel Management System or to hold the position other than at the pleasure of the Governor.

Md. Code, State Government § 8-203

(a) The head of each principal department is a secretary, who shall be appointed by the Governor with the advice and consent of the Senate. (b) The Governor shall select, on the bases of professional and administrative knowledge and experience, a secretary who has the qualifications required by law. (c) Unless otherwise provided by law, the secretary of a principal department or, with the approval of the Governor, a designee of the secretary shall represent the State and coordinate its participation in an interstate, regional, or other intergovernmental unit that is in the department.

Md. Code, State Government § 8-204

Under the direction of the Governor, the secretaries of the principal departments are responsible for the prevention and elimination of duplication and overlapping of activities in and among their departments, by coordinating those activities.

Md. Code, State Government § 8-205

(a) The secretary of each principal department serves at the pleasure of the Governor unless otherwise provided by law. (b) A secretary shall: (1) receive the salary and have the assistants, employees, and professional consultants provided in the budget, unless otherwise provided by law; (2) be responsible for establishing policy to be followed by the units of State government within the secretary’s department; (3) be responsible for the efficient and orderly administration of the department; (4) be responsible for the comprehensive planning of programs and services within the secretary’s jurisdiction and for reviewing and approving the plans of all units of State government within the secretary’s jurisdiction; (5) notwithstanding any other provision of law, and except as provided in § 1–203(c) of the Health Occupations Article, be responsible for the supervision of the units of State government within the secretary’s jurisdiction that are composed in whole or in part of individuals participating in the occupation or profession regulated by the units; (6) be responsible for the budget of the secretary’s office and for the budgets of other units of State government within the secretary’s jurisdiction; (7) be responsible for the organization of the secretary’s office and for recommending to the Governor changes in the organization and placement of units of State government within the secretary’s jurisdiction; and (8) recommend to the Governor any modification, abolition, and transfer of advisory bodies within the secretary’s jurisdiction. (c) A secretary may: (1) appoint officers and employees in the secretary’s office as provided in the budget and review the personnel action taken by any unit of State government within the secretary’s jurisdiction; and (2) create the citizen advisory bodies that may be necessary for the operation of the secretary’s department.

Md. Code, State Government § 8-205.1

§8–205.1. (a) Except as provided in § 1–203(c) of the Health Occupations Article, the secretary of each principal department shall supervise each unit of State government within the secretary’s jurisdiction that is composed in whole or in part of individuals participating in the occupation or profession regulated by the unit in order to: (1) prevent unreasonable anticompetitive actions by the unit; and (2) determine whether the decisions and actions of the unit further a clearly articulated State policy to displace competition in the regulated market. (b) If the secretary or the secretary’s designee finds that a proposed decision or action of the unit may result in an unreasonable anticompetitive decision or may not further a clearly articulated State policy to displace competition in the regulated marketplace, the secretary or the secretary’s designee shall: (1) review the merits of the proposed decision or action; (2) assess whether the proposed decision or action furthers a clearly articulated State policy to displace competition in the regulated market; and (3) issue expeditiously a written decision approving, disapproving, or modifying the proposed decision or action or remanding the proposed decision or action back to the unit for further review before: (i) a final decision is issued; or (ii) the proposed action is implemented. (c) The secretary or the secretary’s designee may not approve a decision or an action of a unit that does not further a clearly articulated State policy to displace competition in the regulated market. (d) A decision or an action of a unit may not constitute a final decision or action of the unit until after the secretary or the secretary’s designee has conducted the review required under subsection (b) of this section. (e) A final decision or action of a unit shall comply with the written decision of the secretary or the secretary’s designee issued in accordance with subsection (b) of this section. (f) Neither the secretary nor the secretary’s designee may be an individual who is appointed by, under the oversight of, or a member of a board or commission whose decision or action is the subject of review under subsection (b) of this section. (g) A regulation adopted to carry out this section shall be drafted in consultation with stakeholders and other interested parties.

Md. Code, State Government § 8-206

The secretary of each principal department has authority and responsibility to adopt regulations for all units within the secretary’s jurisdiction, except as otherwise provided by law.

Md. Code, State Government § 8-301

(a) The Governor is responsible for a continuing review of the organization of the Executive Branch of the State government. (b) (1) In addition to any reorganization under Article II, § 24 of the Maryland Constitution, the Governor may order any other reorganization of the Executive Branch that is considered by the Governor to be necessary and desirable and that is not inconsistent with law. (2) A reorganization under this subsection may include: (i) the reorganization of the principal departments; (ii) the placement of a unit in a principal department; and (iii) the transfer of a unit or function from 1 principal department to another. (3) A reorganization under this subsection may be effected through the issuance of an executive order or the approval of a recommendation that the secretary of a principal department submits. An approval shall be treated as an executive order. However, notwithstanding any other provision of law, the recommendation is not effective unless approved or issued as an executive order. (c) (1) Notwithstanding any other law that relates to organization of the Executive Branch of the State government, if a program involves more than 1 principal department and cannot be carried out efficiently through cooperation of the departments, the Governor may establish a task force to integrate the services of the departments so as to carry out the program. (2) A task force established under this subsection may exist for not more than 1 year unless the Governor expressly extends the existence of the task force. (d) The Governor shall recommend to the General Assembly the placement of any new program or new unit within an appropriate principal department.

Md. Code, State Government § 8-302

Each secretary of a principal department is responsible for recommending to the Governor: (1) any change in the organization, placement, or name of a unit in the department; (2) any change, abolition, or transfer of an advisory body in the department; and (3) any centralization or coordination of administrative staff or clerical services in the department, for efficiency and effectiveness.

Md. Code, State Government § 8-304

The Governor shall: (1) make the designation of a unit as the official State agency for participation in a federal program by a written designation that includes the name of the unit and of the program; (2) give the General Assembly notice of the designation; and (3) deliver a copy of the designation to the Administrator of the Division of State Documents.

Md. Code, State Government § 8-305

The secretary of each principal department and the head of each other unit in the Executive Branch of the State government that is not in a principal department shall include on the website for the department or unit: (1) an organizational chart that: (i) shows the major subunits in the unit; and (ii) lists the name and title of each individual who heads a subunit; and (2) a concise description of the department or unit and each subunit.

Md. Code, State Government § 8-306

(a) (1) In this section the following words have the meanings indicated. (2) (i) “Change the use, purpose, or function” means an abrupt and material change in the type of clients or incarcerated individuals served in a facility, the licensed purpose of a facility, or the principal activities carried out within a facility. (ii) “Change the use, purpose, or function” does not mean a gradual change in clients, incarcerated individuals, or activities due to societal trends or needs. (iii) “Change the use, purpose, or function” does not include closing a State facility. (3) “Close a State facility” means to cease, discontinue, or substantially eliminate activities carried out within the State facility. (4) “Exclusive representative” has the meaning stated in § 3–101 of the State Personnel and Pensions Article. (5) (i) “Public hearing” means an informational hearing, the sole purpose of which is to obtain public comment and answer public questions. (ii) “Public hearing” does not mean a contested case hearing under Title 10, Subtitle 2 of this article. (6) “State facility” means: (i) a facility that is owned, leased, or operated by the State for the purpose of providing health, juvenile, or correctional services to clients or incarcerated individuals; or (ii) a facility to which 25 or more State employees are regularly assigned. (b) (1) A principal department of the Executive Branch of the State government may not change the use, purpose, or function of a State facility without complying with the requirements of subsection (c) of this section. (2) A principal department of the Executive Branch of the State government may not close a State facility without complying with the requirements of subsection (d) of this section. (c) (1) Subject to paragraph (3) of this subsection, before a principal department changes the use, purpose, or function of a State facility, the principal department shall: (i) hold a public hearing; and (ii) at least 90 days before the public hearing, give notice to: 1. the public, on the principal department’s website and by press release; 2. any member of the General Assembly in whose district the State facility is located, by e–mail and certified mail; and 3. any exclusive representative with bargaining unit employees assigned to the State facility, by e–mail and certified mail. (2) The principal department shall, at least 30 days before the public hearing, give notice of the hearing: (i) to the public, on the principal department’s website and by press release; (ii) to each member of the General Assembly in whose district the facility is located, by e–mail and certified mail; and (iii) to any exclusive representative with bargaining unit employees assigned to the State facility, by e–mail and certified mail. (3) If a government agency or judicial body determines that there is an emergency situation that poses a risk to the health or safety of patients, incarcerated individuals, residents, or employees of a State facility, the principal department may modify the timelines required by this subsection, provided that any modifications made by the principal department shall provide the notice, hearing, and opportunity for comment required by this subsection at the earliest possible date, unless ordered otherwise by the government agency or judicial body. (d) (1) Subject to paragraph (3) of this subsection, before a principal department closes a State facility, the principal department shall: (i) hold a public hearing; (ii) at least 180 days before the public hearing, give notice to: 1. the public, on the department’s website and by press release; 2. each member of the General Assembly representing the district in which the State facility is located, by e–mail and certified mail; and 3. any exclusive representative with bargaining unit employees assigned to the State facility, by e–mail and certified mail; (iii) submit a report explaining the closure to the Governor and, in accordance with § 2–1257 of the State Government Article: 1. the Senate Finance Committee; 2. the Senate Budget and Taxation Committee; 3. the House Health and Government Operations Committee; and 4. the House Appropriations Committee; (iv) at least 270 days before holding the public hearing, make the report required by this paragraph publicly available; and (v) at least 90 days before holding the public hearing, allow each exclusive representative and a committee listed under item (iii) of this paragraph that receives the report required by this subsection to submit comments on the report. (2) The report required under paragraph (1)(iii) of this subsection shall address: (i) the reasons for the closure; (ii) the plan for continuing or discontinuing the State facility’s operations; (iii) the anticipated budgetary impact of the closure; (iv) any plans for assisting State employees affected by the closure in finding other employment; (v) any plans for assisting the patients, incarcerated individuals, or residents affected by the closure; and (vi) any plans for the State facility after the closure. (3) If a government agency or judicial body determines that there is an emergency situation that poses a risk to the health or safety of patients, incarcerated individuals, residents, or employees of a State facility, the principal department may modify the timelines required by this subsection, provided that any modifications made by the principal department shall provide the notice, hearing, and opportunity for comment required by this subsection at the earliest possible date, unless ordered otherwise by the government agency or judicial body. (e) (1) Before a principal department leases or purchases land, buildings, or office space to be used for the purpose of providing health, juvenile, or correctional services to clients or incarcerated individuals, the principal department shall give written notice of the proposed use of the land, buildings, or office space to each member of the General Assembly in whose legislative district the property is located. (2) (i) A member of the General Assembly may request that the department hold a public hearing on the proposed use. (ii) The department on whose behalf the property is being procured or leased shall hold a public hearing on the proposed use upon the request of a member of the General Assembly. (iii) The department shall give notice of the hearing to the public as provided in subsection (c)(2)(i) of this section. (f) (1) If, after a principal department ceases its use of a State facility, the principal department or any other principal department plans to recommence operation of the facility as a State facility, and the proposed operation of the facility would change its use, purpose, or function, the principal department shall hold a public hearing on the proposed operation. (2) The principal department shall give notice of the hearing to the public as provided in subsection (c)(2)(i) of this section. (g) Nothing in this section shall be construed to alter or diminish an exclusive representative’s right to bargain.

Md. Code, State Government § 8-401

(a) In this subtitle the following words have the meanings indicated. (b) “Committees of jurisdiction” means the committees of the General Assembly that routinely handle the policy issues and legislation related to a specific governmental activity or unit subject to review under this subtitle. (c) “Department” means the Department of Legislative Services. (d) “Evaluation” means the process of legislative review of a governmental activity or unit used to determine: (1) whether the governmental activity or unit should be reestablished or terminated; and (2) what, if any, statutory or nonstatutory changes should be recommended to the General Assembly to improve the operations of the governmental activity or unit. (e) “Governmental activity” means a program, service, or other function of government. (f) “Office” means the office in the Department of Legislative Services designated by the Executive Director of the Department.

Md. Code, State Government § 8-402

(a) The General Assembly finds that: (1) a framework that allows for periodic, legislative review of the regulatory, licensing, and other governmental activities of the Executive Branch of the State government is essential for the maintenance of a government in which the citizens have confidence and of a healthy State economy; and (2) this legislative review is consistent with other activities and goals of the General Assembly. (b) The purposes of this subtitle are to: (1) establish a system of legislative review that will: (i) determine whether a governmental activity is necessary for the public interest; and (ii) make units that are responsible for necessary governmental activities accountable and responsive to the public interest; and (2) ensure that the legislative review takes place by establishing, by statute, a process for the review and other legislative action.

Md. Code, State Government § 8-403

This subtitle applies only to the following governmental activities and units: (1) Acupuncture Board, State (§ 1A–201 of the Health Occupations Article); (2) Amusement Ride Safety, State Advisory Board (§ 3–303 of the Business Regulation Article); (3) Apprenticeship and Training Council (§ 11–403 of the Labor and Employment Article); (4) Architects, State Board of (§ 3–201 of the Business Occupations and Professions Article); (5) Athletic Commission, State (§ 4–201 of the Business Regulation Article); (6) Audiologists, Hearing Aid Dispensers, and Speech–Language Pathologists, State Board of Examiners for (§ 2–201 of the Health Occupations Article); (7) Barbers, State Board of (§ 4–201 of the Business Occupations and Professions Article); (8) Behavior Analyst Advisory Committee (§ 17–6A–05 of the Health Occupations Article); (9) Boiler Rules, Board of (§ 12–904 of the Public Safety Article); (10) Cemetery Oversight, Office of (§ 5–201 of the Business Regulation Article); (11) Chiropractic Examiners, State Board of (§ 3–201 of the Health Occupations Article); (12) Collection Agency Licensing Board, State (§ 7–201 of the Business Regulation Article); (13) Community Health Resources Commission, Maryland (§ 19–2102 of the Health – General Article); (14) Cosmetologists, State Board of (§ 5–201 of the Business Occupations and Professions Article); (15) Counselors and Therapists, State Board of Professional (§ 17–201 of the Health Occupations Article); (16) Dental Examiners, State Board of (§ 4–201 of the Health Occupations Article); (17) Dietetic Practice, State Board of (§ 5–201 of the Health Occupations Article); (18) Electricians, State Board of Master (§ 6–201 of the Business Occupations and Professions Article); (19) Elevator Safety Review Board (§§ 12–819 through 12–841 of the Public Safety Article); (20) Engineers, State Board for Professional (§ 14–201 of the Business Occupations and Professions Article); (21) Engineers, State Board of Stationary (§ 6.5–201 of the Business Occupations and Professions Article); (22) Environmental Health Specialists, State Board of (§ 21–201 of the Health Occupations Article); (23) Financial Regulation, Office of (§ 2–101 of the Financial Institutions Article); (24) Foresters, State Board of (§ 7–201 of the Business Occupations and Professions Article); (25) Health Care Commission, Maryland (§ 19–103 of the Health – General Article); (26) Health Services Cost Review Commission, State (§ 19–202 of the Health – General Article); (27) Heating, Ventilation, Air–Conditioning, and Refrigeration Contractors, State Board of (§ 9A–201 of the Business Regulation Article); (28) Home Improvement Commission, Maryland (§ 8–201 of the Business Regulation Article); (29) Horse Industry Board, Maryland (§ 2–701 of the Agriculture Article); (30) Individual Tax Preparers, State Board of (§ 21–201 of the Business Occupations and Professions Article); (31) Interior Designers, State Board of Certified (§ 8–201 of the Business Occupations and Professions Article); (32) Labor and Industry, Division of (Title 2 of the Labor and Employment Article) and related programs; (33) Land Surveyors, State Board for Professional (§ 15–201 of the Business Occupations and Professions Article); (34) Landscape Architects, State Board of Examiners of (§ 9–201 of the Business Occupations and Professions Article); (35) Law Examiners, State Board of (§ 10–201 of the Business Occupations and Professions Article); (36) Marine Contractors Licensing Board (§ 17–201 of the Environment Article); (37) Maryland–Bred Race Fund Advisory Committee (§ 11–531 of the Business Regulation Article); (38) Massage Therapy Examiners, State Board of (§ 6–201 of the Health Occupations Article); (39) Morticians and Funeral Directors, State Board of (§ 7–201 of the Health Occupations Article); (40) Nursing, State Board of (§ 8–201 of the Health Occupations Article), including the allied health advisory committees under the jurisdiction of the Board; (41) Nursing Home Administrators, State Board of Examiners of (§ 9–201 of the Health Occupations Article); (42) Occupational Safety and Health Advisory Board (§ 5–302 of the Labor and Employment Article); (43) Occupational Therapy Practice, State Board of (§ 10–201 of the Health Occupations Article); (44) On–site Wastewater Professionals, State Board of (§ 9–11A–05 of the Environment Article); (45) Optometry, State Board of Examiners in (§ 11–201 of the Health Occupations Article); (46) Pharmacy, State Board of (§ 12–201 of the Health Occupations Article); (47) Physical Therapy Examiners, State Board of (§ 13–201 of the Health Occupations Article); (48) Physicians, State Board of (§ 14–201 of the Health Occupations Article), including the allied health advisory committees under the jurisdiction of the Board; (49) Pilots, State Board of (§ 11–201 of the Business Occupations and Professions Article); (50) Plumbing, State Board of (§ 12–201 of the Business Occupations and Professions Article); (51) Podiatric Medical Examiners, State Board of (§ 16–201 of the Health Occupations Article); (52) Prescription Drug Monitoring Program in the Maryland Department of Health (§ 21–2A–02 of the Health – General Article); (53) Psychologists, State Board of Examiners of (§ 18–201 of the Health Occupations Article); (54) Public Accountancy, State Board of (§ 2–201 of the Business Occupations and Professions Article); (55) Racing Commission, State (§ 11–201 of the Business Regulation Article); (56) Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors, State Commission of (§ 16–201 of the Business Occupations and Professions Article); (57) Real Estate Commission, State (§ 17–201 of the Business Occupations and Professions Article); (58) Residential Child Care Program Professionals, State Board for Certification of (§ 20–202 of the Health Occupations Article); (59) security systems technicians, licensing and regulation of (§ 18–201 of the Business Occupations and Professions Article); (60) Sign Language Interpreters, State Board of (§ 9–2410 of this article); (61) Social Work Examiners, State Board of (§ 19–201 of the Health Occupations Article); (62) Standardbred Race Fund Advisory Committee, Maryland (§ 11–625 of the Business Regulation Article); (63) Veterinary Medical Examiners, State Board of (§ 2–302 of the Agriculture Article); (64) Waterworks and Waste Systems Operators, State Board of (§ 12–201 of the Environment Article); and (65) Well Drillers, State Board of (§ 13–201 of the Environment Article).

Md. Code, State Government § 8-404

(a) When directed by the Legislative Policy Committee, the Joint Audit and Evaluation Committee, the Executive Director, the Director of the Office of Policy Analysis, or the Director of the Office of Program Evaluation and Government Accountability, the Office shall conduct an evaluation of a governmental activity or unit and the statutes related to the governmental activity or unit. (b) The Office, in consultation with the committees of jurisdiction, shall develop a work plan for an evaluation conducted under subsection (a) of this section. (c) The evaluation report for an evaluation conducted under subsection (a) of this section: (1) shall be consistent with the work plan developed under subsection (b) of this section; and (2) may address the governmental activity’s or unit’s: (i) efficiency; (ii) effectiveness; (iii) role in protecting consumers; (iv) sufficiency of resources; and (v) accomplishment of legislative objectives. (d) On completion, the Department shall submit each evaluation report, including draft legislation to implement any recommended statutory changes, to the committees of jurisdiction.

Md. Code, State Government § 8-405

On or before the 10th day of the regular session of the General Assembly in the year after the evaluation of a governmental activity or unit has been completed, the committees of jurisdiction for the governmental activity or unit shall hold a public hearing to receive testimony on the evaluation report from the Department, the unit under evaluation or responsible for the governmental activity under evaluation, and the public.

Md. Code, State Government § 8-406

(a) Subject to § 2–1257 of this article, on or before the 20th day of the regular session of the General Assembly in the year after an evaluation of a governmental activity or unit has been completed, the committees of jurisdiction for the governmental activity or unit shall submit a report to the General Assembly. (b) (1) The report shall recommend whether a governmental activity or unit that has undergone an evaluation should be reestablished, with or without changes, or allowed to terminate. (2) The report shall be accompanied by each bill that is needed to accomplish the recommendations in the report.

Md. Code, State Government § 8-407

(a) During an evaluation conducted under § 8–404 of this subtitle, the unit under evaluation or responsible for the governmental activity under evaluation shall: (1) promptly provide any information that the Department or a committee of the General Assembly requests; and (2) otherwise cooperate with the Department to carry out the requirements of this subtitle. (b) Information requested under subsection (a)(1) of this section may be provided in a format that protects the confidentiality of individuals as necessary. (c) The Department shall follow procedures to maintain the confidentiality of any information, documents, or proceedings obtained or observed in the course of carrying out the requirements of this subtitle.

Md. Code, State Government § 8-408

(a) Each unit subject to termination or responsible for the governmental activity subject to termination shall ensure that legislation is requested to extend the termination date of the unit or governmental activity. (b) Legislation requested in accordance with subsection (a) of this section may not propose a reestablishment period that exceeds 10 years.

Md. Code, State Government § 8-409

The term of office of a member of a unit under evaluation or responsible for a governmental activity under evaluation is not affected by reason of reestablishment of the governmental activity or unit unless the law that reestablishes the governmental activity or unit provides otherwise.

Md. Code, State Government § 8-410

(a) The termination of a governmental activity or unit or repeal of its statute in accordance with this subtitle is not a reason for dismissal of any claim or right of: (1) the unit that is terminated or is responsible for the governmental activity that is terminated; or (2) any person against that unit. (b) The State shall assume these claims and rights.

Md. Code, State Government § 8-501

(a) A member of a State board or commission appointed by the Governor who fails to attend at least 50% of the meetings of the board or commission during any consecutive 12-month period shall be considered to have resigned. (b) Not later than January 15 of the year following the end of the 12-month period the chairman of the board or commission shall forward to the Governor: (1) the name of the individual considered to have resigned; and (2) a statement describing the individual’s history of attendance during the period. (c) Except as provided in subsection (d) of this section, after receiving the chairman’s statement the Governor shall appoint a successor for the remainder of the term of the individual. (d) If the individual has been unable to attend meetings for reasons satisfactory to the Governor, the Governor may waive the resignation if the reasons are made public.

Md. Code, State Government § 8-502

(a) (1) A member of a State board or commission shall be suspended without pay from participation in the activities of the board or commission if the member is convicted of or enters a plea of nolo contendere to any crime that: (i) is a felony; or (ii) is a misdemeanor related to the member’s public duties and responsibilities and involves moral turpitude for which the penalty may be incarceration in any penal institution. (2) The suspension shall continue during any period of appeal of the conviction. (3) If the conviction becomes final, the member shall be removed from the office and the office shall be deemed vacant. (b) If the conviction of the member is reversed or otherwise vacated: (1) the member shall be reinstated to the office for the remainder, if any, of the term of office during which the member was so suspended or removed; and (2) all pay and benefits shall be restored from the date of the suspension or removal.

Md. Code, State Government § 8-503

The official letterhead stationery of each department, agency, or instrumentality of the State shall include the telephone number of the individual public office that uses the stationery.

Md. Code, State Government § 8-504

(a) (1) In this section the following words have the meanings indicated. (2) “Department” means a principal department of the Executive Branch of State government. (3) “Independent unit” means a unit in the Executive Branch of State government that is not in a department. (4) “Mask” means to redact from public view those portions of a public record that contain personal information, without permanently altering the original public record. (5) “Official custodian” means an officer or employee of the State who, whether or not the officer or employee has physical custody and control of a public record, is responsible for keeping the public record. (6) “Person in interest” means: (i) an individual that is the subject of personal information contained in a public record or a designee of the individual; or (ii) if the individual has a legal disability, the parent or legal representative of the individual. (7) “Personal information” means an individual’s: (i) Social Security number; or (ii) driver’s license number. (8) (i) “Public record” means the original or any copy of any documentary material that: 1. is made by a unit or instrumentality of the State government or received by the unit in connection with the transaction of public business; and 2. is in any form, including: A. a card; B. a computerized record; C. correspondence; D. a drawing; E. film or microfilm; F. a form; G. a map; H. a photograph or photostat; I. a recording; or J. a tape. (ii) “Public record” includes a document that lists the salary of an employee of a unit or instrumentality of the State government. (iii) “Public record” does not include a digital photographic image or signature of an individual, or the actual stored data thereof, recorded by the Motor Vehicle Administration. (9) “Publicly post or display” means to intentionally make available to the public. (b) Except as otherwise provided by law, on or after June 1, 2010, a department or an independent unit, to the extent practicable, may not publicly post or display on an Internet website maintained or paid for by the department or independent unit an individual’s personal information. (c) (1) A person in interest may request an official custodian to mask personal information in the Internet version of a public record. (2) A request made in accordance with this subsection shall: (i) be in writing; and (ii) provide an adequate description of the public record including a name and address or type and location of the public record. (3) Within 30 days after receiving a request under this section, an official custodian shall: (i) mask the personal information in the Internet version of the record; and (ii) give the person in interest written notice of the action taken. (4) This subsection does not apply to a public record after 72 years from the date it was made or received by a unit or instrumentality of the State government.

Md. Code, State Government § 8-505

No board or commission in control of a unit in the Executive Branch of the State government may finally adopt a resolution or regulation at a meeting not open to the public.

Md. Code, State Government § 8-506

(a) (1) In this section the following words have the meanings indicated. (2) “Department” means a principal department established under § 8–201 of this title. (3) “Independent unit” means a unit in the Executive Branch of State government that is not a department. (b) On or before October 1, 2024, each department and independent unit shall: (1) create a catalog of each type of permit, license, or certificate that it issues; and (2) submit the catalog required under item (1) of this subsection to the Governor. (c) A catalog created under subsection (b) of this section shall include: (1) a description of each permit, license, or certificate; (2) the term for which each issued permit, license, or certificate is valid; (3) the statutory and regulatory authority that: (i) authorizes or requires the department or independent unit to issue the permit, license, or certificate; and (ii) establishes a timeline within which a department or independent unit must process and issue the permit, license, or certificate, if any; (4) the method and process used by the department or independent unit to accept applications for each permit, license, or certificate, including a list of: (i) prior significant updates to the method and process; and (ii) the current information technology system used, and any remaining associated tasks still performed manually with the system; (5) an estimate of the length of time to: (i) determine if an application is complete; and (ii) make a final determination to issue, waive, or deny the permit, license, or certificate; (6) the application fee charged for each permit, license, or certificate and how the revenue collected from application fees is allocated; (7) any statutory or regulatory authority that may impact an applicant’s ability to receive a permit, license, or certificate based on the criminal history of the applicant; (8) an analysis and any recommendations by the department or independent unit on the appropriate length of time to promptly process completed applications for each permit, license, or certificate and factors impeding the timely processing of each permit, license, or certificate; and (9) statutory or regulatory changes and resources that could expedite the processing timeline. (d) On or before December 1, 2024, each department and independent unit shall post on its website an interim description, to the extent practicable, of the application process for each permit, license, or certificate it issues, including: (1) any updates to the application process in the preceding 12–month period; and (2) the time to process each application type. (e) On or before October 1, 2025, and each year thereafter, each department and independent unit shall post on its website a completed update of the information required under subsection (d) of this section applicable to the immediately preceding 12–month period.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026