HARRY HUGHES, Governor

1171

8-202. UNITS AND OFFICERS IN DEPARTMENTS.

(A)  IN GENERAL.

(1)  UNLESS PLACED BY LAW OR EXPRESSLY EXEMPTED FROM
PLACEMENT BY LAW, THE OFFICERS AND UNITS IN THE EXECUTIVE BRANCH
OF THE STATE GOVERNMENT THAT ARE NOT PRINCIPAL DEPARTMENTS MAY BE
PLACED BY THE GOVERNOR IN ANY PRINCIPAL DEPARTMENT.

(2)  AN INTERSTATE, REGIONAL, OR OTHER
INTERGOVERNMENTAL UNIT IN WHICH THE STATE PARTICIPATES SHALL BE
PLACED IN THE APPROPRIATE PRINCIPAL DEPARTMENT.

(B)  EFFECTS RESTRICTED.

NOTWITHSTANDING THE PLACEMENT OF A UNIT IN A PRINCIPAL
DEPARTMENT:

(1)  THE POWERS AND DUTIES THAT ARE ASSIGNED BY LAW TO
A THE UNIT ARE NOT CHANGED;

(2)  A STATE OFFICER OR STATE EMPLOYEE WHO IS NOT IN
THE CLASSIFIED SERVICE UNDER THE MERIT SYSTEM LAW AND IS
TRANSFERRED WITH THE UNIT REMAINS EXEMPT FROM THE LAW AND THE
REGULATIONS ADOPTED UNDER IT UNLESS THE OFFICER OR THE EMPLOYEE
IS PLACED IN THE CLASSIFIED SERVICE IN ACCORDANCE WITH THAT LAW;
AND

(3)  THE HEAD OF A UNIT WHO IS IN THE CLASSIFIED
SERVICE OR HOLDS THE POSITION OTHER THAN AT THE PLEASURE OF THE
GOVERNOR DOES NOT CEASE TO BE IN THE CLASSIFIED SERVICE OR TO
HOLD THE POSITION OTHER THAN AT THE PLEASURE OF THE GOVERNOR.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 41, §§ 3E,
11, and 11A, the first and third sentences of § 3, and
the first sentence of § 3D.

In subsection (a)(1) of this section, the former
language "now existing or created during ... any ...
session of the General Assembly" and the former
language "at ... or ... after the establishment of the
appropriate principal department" are deleted as
surplusage.

In subsection (a)(2) of this section, the reference to
a "principal department" is substituted for the former
reference to "the jurisdiction of the ... secretary",
to conform to the rest of this section.

The introductory language of subsection (b) of this
section, "[n]otwithstanding the placement of a unit in
a principal department", is substituted for former
language such as "shall continue ... except as may be