WILLIAM DONALD SCHAEFER, Governor                            Ch. 6

1.       The school system, public library, or educational institution
has an opportunity to appeal the decision to a hearing examiner who shall be appointed
by the Secretary of the Department of Budget and Fiscal Planning; and

2.       The hearing examiner finds that the funds are owed to the
Contribution Fund.

(ii) If the hearing examiner determines that moneys are owed to the
Contribution Fund, the moneys shall be deducted from any State funds that would
otherwise be paid to the school system, public library, or educational institution.

(iii) An appeal taken pursuant to this paragraph is not a contested
case, for the purposes of the Administrative Procedure Act.

(f) (1) Notwithstanding any other provision of law to the contrary, where the
State Agency has entered into an agreement with the Secretary of Health[, Education
and Welfare] AND HUMAN SERVICES pursuant to [§ 32 of this subtitle] § 4 OF THIS
SUBHEADING and has entered into a plan with those political subdivisions of the State
which agree to provide the benefits of the old age and survivors' insurance system of the
federal Social Security Act for the employees of the subdivisions, the State Agency is
authorized to amend the agreement pursuant to [§ 32 of this subtitle] § 4 OF THIS
SUBHEADING to provide for reimbursement to the State Agency of the amounts of any
excess contribution of the tax payable by the subdivision which have been transmitted by
the State Agency for any employees of this subdivision.

(2) In the case of those subdivisions receiving financial aid from the State,
each subdivision shall utilize all grants-in-aid and other revenues received from the State
to pay the employer's share of the tax required under § 218 of the Social Security Act in
addition to other purposes for which those funds may be used. However those
subdivisions shall not be required to make an accounting for the State financial aid
utilized which is separate from the payments for the employer's share of tax made to the
State Agency.

REVISOR'S NOTE: This section formerly was Art. 89, § 34.

Former Art. 89, § 34 is not retained in the Code because it is apparently
obsolete. However, it is transferred to the Session Laws to avoid any
inadvertent substantive effect that its repeal might have.

The only changes are in style.

[35] 7.

(a) There is hereby established a special fund to be known as the Contribution
Fund. Such Fund shall consist of and there shall be deposited in such Fund:

(1)     All contributions, interest, and penalties collected under [§ 34 of this
subtitle] § 6 OF THIS SUBHEADING, but not expense funds collected under [subsection]
§ 6 (d)(3) [thereof] OF THIS SUBHEADING; [and]

(2)     Interest earned on investments; and

- 737 -