3368                                                VETOES

Article 73B - Pensions

39.

(e) (1) Delinquent payments due under paragraphs (1)
and (3) of subsection (d) may, with interest at the rate of
six per centum per annum be recovered by action in a court
of competent jurisdiction against the political subdivision
liable therefor, or may at the request of the State Agency,
be deducted from any other moneys payable to such
subdivision by any department or agency of the State.

(2) (I) IF AN AUDIT OF THE RECORDS OF A SCHOOL
SYSTEM, PUBLIC LIBRARY, OR EDUCATIONAL INSTITUTION REVEALS
THAT THE SYSTEM, LIBRARY, OR INSTITUTION OWES MONEY TO THE
CONTRIBUTION FUND, ANY DELINQUENT PAYMENT MAY NOT BE
COLLECTED UNTIL:

1. THE SCHOOL SYSTEM, PUBLIC
LIBRARY, OR EDUCATIONAL INSTITUTION HAS AN OPPORTUNITY TO
APPEAL THE DECISION TO THE COMPTROLLER OF THE TREASURY; AND

2. THE COMPTROLLER OF THE TREASURY
FINDS THAT THE FUNDS ARE OWED TO THE CONTRIBUTION FUND.

(II) AN APPEAL TAKEN PURSUANT TO THIS
SUBSECTION IS NOT A CONTESTED CASE, FOR THE PURPOSE OF THE
ADMINISTRATIVE PROCEDURE ACT HEARING EXAMINER WHO SHALL BE
APPOINTED BY THE SECRETARY OF THE DEPARTMENT OF BUDGET AND
FISCAL PLANNING; AND

2 THE HEARING EXAMINER FINDS THAT
THE FUNDS ARE OWED TO THE CONTRIBUTION FUND.

(II)  IF THE HEARING EXAMINER DETERMINES
THAT MONEYS ARE OWED TO THE CONTRIBUTION FUND, THE MONEYS
SHALL BE DEDUCTED FROM ANY STATE FUNDS THAT WOULD OTHERWISE
BE PAID TO THE SCHOOL SYSTEM OR EDUCATIONAL INSTITUTION.

(III)  AN APPEAL TAKEN PURSUANT TO THIS
PARAGRAPH IS NOT A CONTESTED CASE, FOR THE PURPOSES OF THE
ADMINISTRATIVE PROCEDURE ACT.

89.

(2) (K) WHENEVER AN AUDIT OF THE RECORDS OF A SCHOOL
SYSTEM, PUBLIC LIBRARY, OR EDUCATIONAL INSTITUTION REVEALS
THAT THE SYSTEM, LIBRARY, OR INSTITUTION OWES MONEY TO THE
ACCUMULATION FUND OF THE TEACHERS' RETIREMENT SYSTEM, ANY
DELINQUENT PAYMENT MAY BE COLLECTED BY THE DIVISION OF
SOCIAL SECURITY IN THE MANNER SET FORTH IN SECTION 39(E)(2)
OF THIS ARTICLE FOR RECOVERY OF DELINQUENT SOCIAL SECURITY
PAYMENTS.