156

LAWS OF MARYLAND

Ch. 21

are subject to the Administrative Procedure Act
(Article 41, § 244 et seq. of the Code) and the
State Documents Law (Article 41, § 256B et seq.
of the Code) -- including their publication and
notice requirements -- no substantive change
results from this usage.

Paragraph (1) of this subsection is rephrased to
state expressly that the Secretary may adopt
rules and regulations to carry out the provisions
of law that are under the Secretary and, thus, to
eliminate the necessity for comparable provisions
elsewhere in this article. The addition is
nonsubstantive in light of Article 41, § 3B of
the Code, which contains a related provision that
states: "The secretary of each principal
department created by law shall have full
authority and responsibility for the promulgation
of all rules and regulations for all departments
and other instrumentalities within his
jurisdiction, except as otherwise provided by
law."

In paragraph (2)(ii) of this subsection, the
clause "that is authorized by law to adopt rules
and regulations" is added for clarity.

As to paragraph (2)(i) of this subsection, the
Commission to Revise the Annotated Code notes,
for consideration by the General Assembly, that
this provision is unique to this Department -- no
other secretary of a principal department has
this authority. The Board is not a unit "in" the
Department, and the Secretary may not control its
decisions, as distinguished from any of its rules
and regulations. See § 2-106 of this subtitle.
See also the General Revisor's Note to this
article. As to rules and regulations of the
Board, see § 2-207 of this subtitle.

As to use of the term "unit", see revisor's note
to § 2-103(d) of this subtitle.

Defined terms: "Department" § 1-101
"Secretary" § 1-101

(C) CREATION OF ADVISORY BOARD.

THE SECRETARY MAY CREATE AN ADVISORY BOARD FOR THE
DEPARTMENT. THE SECRETARY SHALL DETERMINE THE SIZE OF THE
ADVISORY BOARD. THE MEMBERS SHALL BE REPRESENTATIVE OF THE
DIFFERENT PROFESSIONAL AREAS OR FIELDS OF ENDEAVOR WITH
WHICH THE DEPARTMENT IS CONCERNED.

REVISOR'S NOTE: This subsection formerly appeared as
Article 41, § 206C.