WILLIAM DONALD SCHAEFER, Governor Ch. 217
16-403.

(F) FOR THE PURPOSES OF THIS SECTION, THE MARYLAND STATE
RETIREMENT AGENCY SHALL ADOPT REGULATIONS THAT DEFINE
"ELIGIBLE POSITION".

16-403.3.

(A) IN THIS SECTION, "AGENCY" MEANS THE MARYLAND STATE
RETIREMENT AGENCY.

(A) fi) (B) THE DEPARTMENT MARYLAND STATE RETIREMENT
AGENCY MAY AT ANY TIME EXAMINE THE RECORDS OF PUBLIC JUNIOR
OR COMMUNITY COLLEGES TO DETERMINE WHETHER THE STATE'S
PAYMENTS FOR SOCIAL SECURITY TAXES AND RETIREMENT
CONTRIBUTIONS FOR EMPLOYEES OF THE PUBLIC JUNIOR OR
COMMUNITY COLLEGES ARE IN ACCORDANCE WITH THE PROVISIONS OF
ARTICLE 73B OF THE CODE AND THIS ARTICLE.

(2) THE DEPARTMENT SHALL PAY FOR THE EXAMINATION
FROM THE APPROPRIATION TO THE DEPARTMENT IN THE STATE
BUDGET.

(B) (C) (1) (I) IF AN EXAMINATION OF THE RECORDS OF A
PUBLIC JUNIOR OR COMMUNITY COLLEGE SHOWS THAT THE STATE HAS
PAID MORE THAN IS REQUIRED UNDER THIS ARTICLE AND ARTICLE 73B
OF THE CODE, WITHIN 30 DAYS AFTER THE DATE OF THE NOTICE TO THE
JUNIOR OR COMMUNITY COLLEGE OF THE STATE OVERPAYMENT, THE
JUNIOR OR COMMUNITY COLLEGE MAY APPEAL THE NOTICE OF STATE
OVERPAYMENT TO THE SECRETARY OF BUDGET AND FISCAL PLANNING
WHO SHALL APPOINT A HEARING EXAMINER.

(II) THE HEARING EXAMINER SHALL MAKE
RECOMMENDATIONS TO THE SECRETARY OF BUDGET AND FISCAL
PLANNING WHO SHALL MAKE A FINAL DETERMINATION REGARDING
THE AMOUNT, IF ANY, OF THE STATE OVERPAYMENT.

(2) IF A PUBLIC JUNIOR OR COMMUNITY COLLEGE DOES NOT
APPEAL TO THE SECRETARY OF BUDGET AND FISCAL PLANNING OR IF
THE SECRETARY OF BUDGET AND FISCAL PLANNING DETERMINES THAT
THE STATE IS DUE REIMBURSEMENT FOR EXCESS PAYMENTS, AS
PROVIDED IN PARAGRAPH (1) OF THIS SUBSECTION, AT THE REQUEST OF
THE DEPARTMENT MARYLAND STATE RETIREMENT AGENCY THE
MONEYS OWED SHALL BE DEDUCTED FROM ANY OTHER STATE FUNDS
THAT WOULD OTHERWISE BE PAID TO THE PUBLIC JUNIOR OR
COMMUNITY COLLEGE.

(3) FOR PURPOSES OF THE ADMINISTRATIVE PROCEDURE
ACT, AN APPEAL TAKEN UNDER THIS SECTION IS NOT A CONTESTED
CASE.

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