WILLIAM DONALD SCHAEFER, Governor                           Ch. 10

(3) TO WAIVE A RIGHT GRANTED BY THIS DIVISION I.

REVISOR'S NOTE: This section is new language derived without substantive
change from the fourth sentence of former Art. 64A, § 40.

The phrase "of this State" is added to modify both "employee or public
officer" for clarity.

The former phrase "whether in the classified service or not" is deleted as
unnecessary in light of the broad reference to "[a]n employee ... of this State".

Defined term: "Classified service" § 1-101

13-108. ASSISTING ANOTHER TO COMMIT PROHIBITED ACT.

A PERSON MAY NOT WILLFULLY ASSIST ANOTHER TO COMMIT AN ACT
PROHIBITED BY THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from the references in the first sentence of former Art. 64A, § 40, to
assisting another to commit an act prohibited under this subtitle.

It is broadened to cover all acts prohibited by this subtitle. Formerly, this
language modified only those acts described in §§ 13-102 and 13-103 of this
subtitle.

Defined term: "Person" § 1-101

TITLE 14. ENFORCEMENT.

SUBTITLE 1. CIVIL ACTIONS.

14-101. CIVIL ACTIONS GENERALLY.

THE SECRETARY SHALL:

(1)      BRING ANY CIVIL ACTION NECESSARY TO ENFORCE THOSE
PROVISIONS OF THIS DIVISION I THAT ARE SUBJECT TO THE AUTHORITY OF THE
SECRETARY OR ANY REGULATION ADOPTED UNDER THEM; AND

(2)      DEFEND ANY CIVIL ACTION BROUGHT AGAINST THE SECRETARY
OR THE DEPARTMENT.

REVISOR'S NOTE: This section is new language derived without substantive
change from the first sentence of former Art. 64A, § 43.

In item (1) of this section, the reference to provisions that are "subject to the
authority of the Secretary" is added to reflect that the Secretary's authority as
principal administrator does not extend to some provisions of this Division I,
such as the provisions governing political activities of State employees, revised
as Title 3, Subtitle 2 of this article.

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