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Session Laws, 1984
Volume 759, Page 1127   View pdf image
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HARRY HUGHES, Governor

1127

The fourth sentence of former Art. 19, § 8, which
related to the powers of the Chief Deputy Comptroller
and a deputy comptroller, is retained in Art. 19 and
will be revised in the State Finance and Procurement
Article.

4-105. ACTING COMPTROLLER.

(A) IN GENERAL.

IF THE COMPTROLLER TEMPORARILY IS UNABLE OR UNAVAILABLE TO
CARRY OUT THE DUTIES OF OFFICE, AN ACTING COMPTROLLER SHALL HAVE
THE POWERS AND DUTIES OF THE OFFICE, AS PROVIDED IN THIS SECTION.

    (B) CHIEF DEPUTY COMPTROLLER.

THE CHIEF DEPUTY COMPTROLLER SHALL BE THE ACTING COMPTROLLER
UNDER THIS SECTION, UNLESS THE MEMBERS OF THE BOARD OF PUBLIC
WORKS, OTHER. THAN THE COMPTROLLER, APPOINT ANOTHER INDIVIDUAL AS
ACTING COMPTROLLER AND GIVE THE CHIEF DEPUTY COMPTROLLER WRITTEN
NOTICE OF THE APPOINTMENT.

(C)  NOTICE BY COMPTROLLER.

IF THE COMPTROLLER GIVES THE BOARD OF PUBLIC WORKS AND THE
CHIEF DEPUTY COMPTROLLER WRITTEN NOTICE OF A TEMPORARY INABILITY
OR UNAVAILABILITY, THE ACTING COMPTROLLER SHALL SERVE:

(1)  ON AND AFTER THE DATE THAT THE COMPTROLLER SETS
IN THE NOTICE; AND

(2)  UNTIL THE COMPTROLLER GIVES THE BOARD OF PUBLIC
WORKS AND THE ACTING COMPTROLLER WRITTEN NOTICE THAT THE
COMPTROLLER IS ABLE TO CARRY OUT THE DUTIES.

(D)  ACTION BY BOARD OF PUBLIC WORKS.

IF THE COMPTROLLER HAS NOT GIVEN NOTICE, BUT THE OTHER
MEMBERS OF THE BOARD OF PUBLIC WORKS MAKE A FORMAL, WRITTEN
DETERMINATION OF A TEMPORARY INABILITY OR UNAVAILABILITY OF THE
COMPTROLLER, THE ACTING COMPTROLLER SHALL SERVE:

(1)  ON AND AFTER THE DATE OF THE DETERMINATION; AND

(2)  UNTIL THE MEMBERS DETERMINE AND GIVE THE
COMPTROLLER AND THE ACTING COMPTROLLER WRITTEN NOTICE THAT THE
COMPTROLLER IS ABLE TO CARRY OUT THE DUTIES.

(E)  COURT OF APPEALS.

THE COURT OF APPEALS HAS EXCLUSIVE ORIGINAL JURISDICTION, ON
PETITION OF THE GOVERNOR, THE COMPTROLLER, THE TREASURER, OR THE
ACTING COMPTROLLER, TO DETERMINE ANY ISSUE THAT ARISES UNDER THIS
SECTION AND TO PASS ANY APPROPRIATE ORDER.

 

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Session Laws, 1984
Volume 759, Page 1127   View pdf image
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