Ch. 10

1993 LAWS OF MARYLAND

Defined terms: "Department" § 1-101                                             

"Secretary" § 1-101

2-106. REGULATIONS.

(A)  IN GENERAL.

THE SECRETARY SHALL ADOPT REGULATIONS TO CARRY OUT THOSE
PROVISIONS OF THIS DIVISION I THAT ARE SUBJECT TO THE AUTHORITY OF THE
SECRETARY.

(B)     REVISORY AUTHORITY.

THE SECRETARY SHALL REVIEW AND MAY APPROVE, DISAPPROVE, OR REVISE
REGULATIONS OF ANY UNIT IN THE DEPARTMENT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 9-105(b) and the second clause of the first
sentence of former Art. 64A, § 11.

In subsection (a) of this section, the reference to' provisions that are "subject
to the authority of the Secretary" is added to reflect that the Secretary's
general authority might be limited with respect to some provisions of this
Division I, such as the provisions governing political activities of all State
employees, revised as Title 3, Subtitle 2 of this article.

Also in subsection (a) of this section, the former reference to "guidelines" is
deleted as included in the general reference to "regulations". See General
Revisor's Note to this Division I.

In subsection (b) of this section, the phrase "any unit in the Department" is
substituted for the. former phrase "all of the boards, offices and agencies
within the jurisdiction of the Department of Personnel", for brevity and
consistency. See General Revisor's Note to this Division I.

As to use of the word "adopt" and the omission of the former reference to
"rules", see General Revisor's Note to this Division I.

The second sentence of former Art. 64A, § 10(b), which required the
Secretary to make regulations available for public inspection at the Secretary's
office, is deleted as unnecessary in light of SG §§ 10-612 and 10-613.

The second sentence of former Art. 64A, § 11, which stated that rules made by
the Secretary may be altered and have the force and effect of law, is deleted as
unnecessary. The Maryland Court of Appeals has ruled that regulations
adopted under statutory authority have the force and effect of law. See
Maryland Port Administration v. John W. Brawner Contracting Co., 303 Md.
44, 60 (1985).

Defined terms: "Department" § 1-101

"Secretary" § 1-101             

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