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Session Laws, 1978
Volume 736, Page 2609   View pdf image
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BLAIR LEE III, Acting Governor

2609

Comptroller adjudicate issues hereunder and to enter
appropriate orders.

BY adding to

Article 19 - Comptroller

Section 8B

Annotated Code of Maryland

(1973 Replacement Volume and 1977 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 19 - Comptroller

8B.

(A) IF THE COMPTROLLER NOTIFIES THE BOARD OF PUBLIC
WORKS AND THE CHIEF DEPUTY COMPTROLLER IN WRITING THAT HE
WILL BE TEMPORARILY UNABLE OR UNAVAILABLE TO PERFORM THE
DUTIES OF HIS OFFICE, THE CHIEF DEPUTY COMPTROLLER SHALL
SERVE COMMENCE SERVING AS ACTING COMPTROLLER FROM THE DATE
SPECIFIED BY THE COMPTROLLER UNLESS NOTIFIED IN WRITING BY

THE OTHER MEMBERS OF THE BOARD OF PUBLIC WORKS OF THE

APPOINTMENT OF THAT THEY HAVE APPOINTED ANOTHER AS ACTING
COMPTROLLER.

(B) IF THE COMPTROLLER IS RENDERED HAS BECOME UNABLE
OR IS UNAVAILABLE AND HAS NOT GIVEN THE NOTIFICATION
PROVIDED IN SUBSECTION (A), THE OTHER MEMBERS OF THE BOARD
OF PUBLIC WORKS, IN WRITING, MAY MAKE A FORMAL DETERMINATION

OF THE UNAVAILABILITY OR INCAPACITY THAT INABILITY OR

UNAVAILABILITY OF THE COMPTROLLER. UPON THIS A
DETERMINATION, THE CHIEF DEPUTY COMPTROLLER SHALL SERVE AS
ACTING COMPTROLLER UNLESS NOTIFIED IN WRITING BY THE OTHER
MEMBERS OF THE BOARD OF PUBLIC WORKS OF THE APPOINTMENT OF
THAT THEY HAVE APPOINTED ANOTHER AS ACTING COMPTROLLER.

(C) UPON PETITION OF THE COMPTROLLER, THE ACTING
COMPTROLLER, THE TREASURER, OR THE GOVERNOR, THE COURT OF
APPEALS HAS EXCLUSIVE ORIGINAL JURISDICTION TO MAKE
DETERMINATIONS OF ISSUES ARISING UNDER THIS SECTION AND TO
ENTER APPROPRIATE ORDERS.

(D) ANY PERSON SERVING AS ACTING COMPTROLLER SHALL
HAVE THE POWERS AND DUTIES OF THE OFFICE OF COMPTROLLER.
THE ACTING COMPTROLLER SHALL SERVE AS COMPTROLLER UNTIL A
STATEMENT IN WRITING FAS BEEN MADE BY THE PARTY INITIATING
THE COMPTROLLER'S TEMPORARY REPLACEMENT DETERMINING THAT THE
COMPTROLLER IS ABLE TO RESUME THE DUTIES OF HIS OFFICE.
WRITTEN NOTICE OF SUCH A DETERMINATION SHALL BE GIVEN TO ALL
PARTIES.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect contingent upon the adoption of an

 

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Session Laws, 1978
Volume 736, Page 2609   View pdf image
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