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Session Laws, 1984
Volume 759, Page 1386   View pdf image
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1386

LAWS OF MARYLAND

Ch. 284

In subsection (a) of this section, the former,

specific references to "prosecutions" and "legal ...

proceedings" are deleted as unnecessary in light of
the broad reference to "proceedings".

In subsection (b) of this section, the reference to
"another unit designated in accordance with law" is
added to provide for completion of a proceeding or
investigation or for enforcement of a penalty or
forfeiture if there is no successor. This addition
reflects that, under subsection (a) of this section, a
proceeding or investigation remains in effect whether
or not there is a successor.

Also in subsection (b) of this section, the former
word "fines" is deleted as unnecessary in light of the
broad reference to a "penalty".

10-705. ORDERS, RULES, AND REGULATIONS.

EACH ORDER, RULE, AND REGULATION THAT RELATES TO A
TRANSFERRED FUNCTION OR AUTHORITY OF AN ABOLISHED OR SUPERSEDED
UNIT REMAINS IN EFFECT UNTIL THE SUCCESSOR AMENDS OR RESCINDS THE
ORDER, RULE, OR REGULATION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 41, § 8.

The limitation "that relates to a transferred function
or authority of an abolished or superseded unit" is
added to avoid continuing the orders and the rules or
regulations of an abolished unit when there is no
successor to enforce those orders, rules, or
regulations. This addition is consistent with §
7-209(2) of this article, which allows the
Administrator of the Division of State Documents to
remove a regulation from the Code of Maryland
Regulations "if the unit that adopted the regulation
has been abolished and the regulation does not
transfer to a successor."

10-706. OBLIGATIONS.

EACH CONTRACT AND OTHER OBLIGATION THAT RELATES TO A
TRANSFERRED FUNCTION OR AUTHORITY OF AN ABOLISHED OR SUPERSEDED
UNIT REMAINS IN EFFECT AND SHALL BE CARRIED OUT BY THE SUCCESSOR.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 41, § 10.

The limitation "that relates to a transferred function
or authority of an abolished or superseded unit" is
added to avoid continuing obligations of an abolished
unit when there is no successor to carry out the
obligation.

 

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Session Laws, 1984
Volume 759, Page 1386   View pdf image
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