Ch. 10

1993 LAWS OF MARYLAND

The second sentence of former Art. 64A, § 43, which provided that the
"Secretary shall be represented in such suits and in all legal matters by the
Attorney General", is deleted as unnecessary in light of § 2-110 of this article.
See also Md. Const... Art. V, § 3, and SG § 6-106, which impose on the
Attorney General responsibility for "legal work" of the State government.

Defined terms: "Department" § 1-101
"Secretary" § 1-101

14-102. ACTIONS INVOLVING ILLEGAL PAYMENTS.

(A)     ACTION AUTHORIZED.

A RESIDENT OF THIS STATE MAY BRING AN ACTION IN A COURT OF
COMPETENT JURISDICTION:

(1)      TO RECOVER, FOR THE USE OF THIS STATE, A PAYMENT MADE IN
VIOLATION OF THIS DIVISION I OR OF A REGULATION ADOPTED UNDER IT FROM
THE PERSON WHO AUTHORIZED OR MADE THE PAYMENT;

(2)      TO ENJOIN A PERSON, THIS STATE, OR A UNIT OF THIS STATE FROM
AUTHORIZING A PAYMENT IN VIOLATION OF THIS DIVISION I OR OF A REGULATION
ADOPTED UNDER IT; OR

(3)      IF A PAYROLL AUTHORIZATION IS PROVIDED FOR BY LAW OR
REGULATION, TO ENJOIN THE SECRETARY FROM ISSUING A PAYROLL
AUTHORIZATION IN VIOLATION OF THIS DIVISION I OR OF A REGULATION
ADOPTED UNDER IT.

(B)     SATISFACTION OF ORDER OR JUDGMENT.

IN AN ACTION BROUGHT UNDER THIS SECTION, A JUDGMENT OR OTHER
ORDER MAY NOT BE RECORDED AS "RELEASED" OR "SATISFIED" UNLESS THE
ATTORNEY GENERAL FILES WITH THE COURT A NOTICE OF RELEASE OR
SATISFACTION.

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

In the introductory clause of subsection (a) of this section, the term "resident
of this State" is substituted for the former reference to a "citizen of the State"
for clarity. The term "citizen of the State" lacks a precise legal meaning and is
usually read to refer to residency. See Crosse v. Board of Supervisors of
Elections of Baltimore City, 243 Md. 555 (1966). The State Personnel Article
Review Committee calls this substitution to the attention of the General
Assembly.

In subsection (a)(2) of this section, the phrase "this State, or a unit of this
State" is added for clarity because the defined term "person" does not include
the State and its units.

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