HARRY HUGHES, Governor

159

EACH UNIT IN THE DEPARTMENT SHALL REPORT TO THE
SECRETARY AS PROVIDED IN THE RULES, REGULATIONS, OR WRITTEN
DIRECTIVES THAT THE SECRETARY ADOPTS.

REVISOR'S NOTE: This subsection is new language derived
without substantive change from former Article
41, § 206(j).

The former reference to the "designee" of the
Secretary is deleted as unnecessary.

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

(H) TRANSFER OF FUNCTIONS, STAFF, OR FUNDS.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, THE SECRETARY
MAY TRANSFER, BY RULE, REGULATION, OR WRITTEN DIRECTIVE, ANY
FUNCTION, STAFF, OR FUNDS FROM ANY UNIT IN THE DEPARTMENT TO
THE OFFICE OF THE SECRETARY OR ANOTHER UNIT IN THE
DEPARTMENT. ANY STAFF TRANSFERRED TO THE OFFICE OF THE
SECRETARY SHALL BE PROVIDED SPACE, EQUIPMENT, AND SERVICES
BY THE UNIT FROM WHICH IT WAS TRANSFERRED, UNLESS THE
SECRETARY ORDERS REMOVAL TO ANOTHER LOCATION FOR THE PROPER
AND EFFICIENT FUNCTIONING OF THAT OFFICE.

REVISOR'S NOTE: This subsection is new language derived
without substantive change from former Article
41, § 206(i).

This subsection is revised to enable the
Secretary to reorganize units unless expressly
prohibited from doing so. Express prohibitions
now appear in those provisions as to each unit
that was not part of the Department of Health
(now defunct), the Department of Juvenile
Services (now the Juvenile Services
Administration), or the Department of Mental
Hygiene (now the Mental Hygiene Administration)
and that was not made subject to the authority of
the Secretary by later enacted provisions. See
generally 59 Op. Att'y Gen. 421 (1974), in which
then Attorney General Burch determined that
former Article 41, § 206(i) restricted the
Secretary in transferring and reassigning
functions, staff, and funds of the units in the
Department.

Those units with autonomy in this area are: the
State Anatomy Board; the State Postmortem
Examiners Commission; the Health Planning and
Development Agency; the Statewide Health