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35
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MARVIN MANDEL, Governor
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abolished by Ch. 73, Acts of 1972, and Ch.
363, Acts of 1974, Also, the phrase "vested
by law in" is added to conform to similar
language in present Art. 41, §208(h), now
subsection (g) of this section.
Also in paragraph (2)(ii), reference is added
to the Transportation Professional Services
Selection Board, recently created by Ch. 732,
Acts of 1974. The independence of this Board
is critical to the exercise of its functions;
and the Commission suspects that its omission
from this list is but an oversight. See,
also, subsection (g) of this section and its
revisor's note.
The only other changes are in style.
As to use of the term "unit", see revisor's
note to §2—102 of this subtitle.
(G) EXERCISE OF POWERS AND DUTIES OF UNITS IN
DEPARTMENT.
(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF
THIS SUBSECTION, THE SECRETARY MAY EXERCISE OR PERFORM
ANY POWER OR DUTY THAT ANY UNIT IN THE DEPARTMENT MAY
EXERCISE OR PERFORM.
(2) THIS SUBSECTION DOES NOT APPLY TO:
(I) THE POWERS OR DUTIES THAT ARE SET FORTH
IN ARTICLE III, §40B OF THE STATE CONSTITUTION; OR
(II) THE POWERS OR DUTIES THAT DO NOT REQUIRE
BY LAW THE APPROVAL OR ACTION OF THE SECRETARY AND ARE
VESTED BY LAW IN:
1. THE BOARD OF AIRPORT ZONING APPEALS;
2. THE TRANSPORTATION PROFESSIONAL SERVICES
SELECTION BOARD;
3. THE MARYLAND TRANSPORTATION AUTHORITY; OR
4. THE BOARD OF REVIEW OF THE DEPARTMENT.
REVISOR'S NOTE: This subsection presently appears as
Art. 41, §208(h).
Throughout this section, present references to
"responsibilities" and "functions" are deleted
as redundant in light of the references to
"powers" and "duties".
In paragraph (1) of this subsection, the
present phrase "in his discretion" is deleted
as unnecessary in light of the use of the term
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