248

LAWS OF MARYLAND

Ch. 21

second sentence of former Article 43, § 158(b).

In subsection (b)(2) of this section, the former
reference to reimbursement for expenses "incurred
while actually engaged in the performance of
their duties" is deleted as unnecessary in light
of the reference to the Standard State Travel
Regulations. Standard State Travel Regulations
are adopted by the Department of Personnel with
the approval of the Board of Public Works.

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that there is no quorum provision. In the
absence of an express provision, rule, or
regulation, case law indicates that a majority of
the members is a quorum. See Gemeny v. Prince
George's County, 264 Md. 85 (1972); Zeiler v.
Central Ry., 84 Md. 304 (1896); and Heiskell v.
Mayor of Baltimore, 65 Md. 125 (1886).

Defined term: "Board" § 5-401

5-405. LIMITATIONS ON SECRETARY.

(A)  PLANS, PROPOSALS, AND PROJECTS.

THE POWER OF THE SECRETARY OVER PLANS, PROPOSALS, AND
PROJECTS OF UNITS IN THE DEPARTMENT DOES NOT INCLUDE THE
POWER TO DISAPPROVE OR MODIFY ANY DECISION OR DETERMINATION
THAT THE BOARD MAKES UNDER AUTHORITY SPECIFICALLY DELEGATED
BY LAW TO THE BOARD.

(B)  STAFF, FUNCTIONS, AND FUNDS.

THE POWER OF THE SECRETARY TO TRANSFER BY RULE,
REGULATION, OR WRITTEN DIRECTIVE, ANY STAFF, FUNCTIONS, OR
FUNDS OF UNITS IN THE DEPARTMENT DOES NOT APPLY TO ANY
STAFF, FUNCTION, OR FUNDS OF THE BOARD.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
41, § 206(i) and the third sentence of (f).

This section is rephrased to exclude the Board
from the general powers of the Secretary under §
2-104(f) and (h) of this article. Similar
sections that limit the power of the Secretary
over units in the Department appear elsewhere in
this article. See the General Revisor's Note to
this article.

Defined terms: "Board" § 5-401
"Department" § 1-101 "Secretary" § 1-101
"Includes"/"including" § 1-101