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Session Laws, 1976
Volume 734, Page 2153   View pdf image
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MARVIN MANDEL, Governor

2153

PROVIDING AND CONTINUING REPRESENTATION AND FOR
REIMBURSEMENT.]]

(C) (1) IN ANY CIVIL ACTION FOR CHILD SUPPORT

PAYMENTS BROUGHT UNDER THIS SECTION, THE DIVISION SHALL

BE REPRESENTED (A) BY THE ATTORNEY GENERAL OR BY ANY

LEGAL OFFICER OF THE SOCIAL SERVICES ADMINISTRATION WHO

IS A QUALIFIED ATTORNEY AND WHO IS APPOINTED BY AND

SUBJECT TO SUPERVISION AND REMOVAL BY THE ATTORNEY

GENERAL OR (B) AS PROVIDED IN PARAGRAPH (2) OF THIS

SUBSECTION.

(2) IN ACCORDANCE WITH PARAGRAPH (1) OF THIS
SUBSECTION; ARTICLE 16, SECTION 66C; AND ARTICLE 89C,

SECTIONS 14 (B), 18(A), AND 34, THE DIVISION OR A PERSON

WHOM THE DIVISION APPROVES FOR CHILD SUPPORT SERVICES

SHALL BE REPRESENTED DURING ANY__FISCAL YEAR BY THE

STATE'S ATTORNEY FOR THE LOCAL SUBDIVISION IN WHICH THE
BILL OR THE PETITION IS FILED IF, BEFORE SEPTEMBER 1 OF

THE PREVIOUS YEAR, THAT STATE'S ATTORNEY ELECTS IN

WRITING TO ASSUME THE RESPONSIBILITY FOR REPRESENTATION.

THE STATE'S ATTORNEY SHALL ENTER INTO AN AGREEMENT WITH

THE COUNTY AND THE SECRETARY OF HUMAN RESOURCES FOR
REPRESENTATION TO BE PROVIDED AND REIMBURSEMENT FOR THE
REPRESENTATION. THE AGREEMENT SHALL ESTABLISH REASONABLE
ADMINISTRATIVE AND FISCAL REQUIREMENTS AND CONDITIONS FOR

PROVIDING AND CONTINUING REPRESENTATION AND FOR

REIMBURSEMENT.

(D) IF IN THE JUDGMENT OF THE SECRETARY OF HUMAN

RESOURCES A LOCAL DEPARTMENT OF SOCIAL SERVICES HAS

DEMONSTRATED THAT IT IS CAPABLE OF CARRYING OUT ANY

RESPONSIBILITY OF THE DIVISION, AND A DELEGATION OF SUCH

RESPONSIBILITY IS CONSISTENT WITH DEPARTMENTAL

GUIDELINES, THE SECRETARY SHALL, IF REQUESTED BY THE

LOCAL GOVERNMENT, DELEGATE IT TO THE LOCAL DEPARTMENT FOR
SO LONG AS SUCH CONDITIONS ARE MET.

SECTION 5. AND BE IT FURTHER ENACTED, That Section
71(c-1) (1) of Article 41 - Governor — Executive and
Administrative Departments, of the Annotated Code of
Maryland (1971 Replacement Volume and 1975 Supplement) be
and it is hereby repealed and reenacted, with amendments,
to read as follows:

Article 41 — Governor — Executive and Administrative

Departments

71.

(c-1) (1) Establishment; Responsibility; Rules and
Regulations. The Secretary shall establish within the
Department a central collection unit, which shall be
responsible for the collection of all delinquent accounts
and debts owed to the State or to any agency or official
[thereof] OF THE STATE, in his official capacity, EXCEPT
CHILD SUPPORT PAYMENTS OWED UNDER ARTICLE 88A, §[[59]]
48. The Secretary may adopt rules and regulations

 

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Session Laws, 1976
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