HARRY HUGHES, Governor

167

The obsolete references to the "Advisory Council
on Hospital Construction", the "State Board of
Osteopathic Examiners", and the "State Department
of Health" are deleted. See the General
Revisor's Note to this article.

The only other changes are in style.

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

Defined terms: "Department" § 1-101
"Includes"/"including" § 1-101
"Secretary" § 1-101

2-107. COUNSEL TO DEPARTMENT.

(A)  ATTORNEY GENERAL AS LEGAL ADVISER.

THE ATTORNEY GENERAL IS LEGAL ADVISER TO THE
DEPARTMENT.

(B)  ASSIGNMENT OF ASSISTANTS AND DESIGNATION OF
COUNSEL.                                             

THE ATTORNEY GENERAL SHALL ASSIGN TO THE DEPARTMENT THE
NUMBER OF ASSISTANT ATTORNEYS GENERAL AUTHORIZED BY LAW TO
BE ASSIGNED TO THE DEPARTMENT AND ANY ADDITIONAL ONES
NECESSARY TO GIVE EFFECTIVE LEGAL ADVICE AND COUNSEL. THE
ATTORNEY GENERAL ALSO SHALL DESIGNATE AN ASSISTANT ATTORNEY
GENERAL AS COUNSEL TO THE DEPARTMENT.

(C)  DUTIES OF COUNSEL.

THE COUNSEL TO THE DEPARTMENT MAY HAVE NO DUTY OTHER
THAN TO GIVE THE LEGAL AID, ADVICE, AND COUNSEL REQUIRED BY
THE SECRETARY AND ANY OTHER OFFICIAL OF THE DEPARTMENT, TO
SUPERVISE THE OTHER ASSISTANT ATTORNEYS GENERAL ASSIGNED TO
THE DEPARTMENT, AND TO PERFORM FOR THE DEPARTMENT THE DUTIES
THAT THE ATTORNEY GENERAL ASSIGNS. THE COUNSEL SHALL
PERFORM THESE DUTIES SUBJECT TO THE CONTROL AND SUPERVISION
OF THE ATTORNEY GENERAL. AFTER THE ATTORNEY GENERAL
DESIGNATES THE COUNSEL TO THE DEPARTMENT, THE ATTORNEY
GENERAL MAY NOT REASSIGN THE COUNSEL WITHOUT CONSULTING THE
SECRETARY.

REVISOR'S NOTE: This section formerly appeared as the
first through the fifth sentences of Article 41,
§ 206(d).

In subsection (b) of this section, the phrase
"and any additional ones necessary to give
effective legal advice and counsel" is added to
reflect the existing practice of temporarily