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Ch. 492
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2000 LAWS OF MARYLAND
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(iii) Should a local school system-request) a transcript of on audit
appeals hearing, the local school system shall provide and pay for the production of
the transcript.
(2) At the request of the Department of Education the moneys owed shall
be deducted from any other State funds that would otherwise be paid to the school
system if:
(i) A local school system does not appeal to the Secretory of Budget
and Management or to the Office of Administrative Hearings; or
(ii) The Office of Administrative Hearings determines that the
State is due reimbursement for excess payments as provided in paragraph (3) of this
subsection.
(3) (i) The local school system may appeal to the Office of
Administrative Hearings a determination by the Secretary of the Department of
Budget and Management regarding the amount, if any, of the State overpayment.
(ii) Within 45 days after the close of the hearing record, the Office
of Administrative Hearings shall issue a written decision to the parties and may grant
any appropriate remedy.
(iii) The written decision issued by the Office of Administrative
Hearings is the final finding of fact and conclusion of law and binding on all parties
and is not subject to judicial review.
(d) Any reimbursements which result from audits under this section:
(1) Shall be applied first to reimburse the Agency for the expenses of the
audits; and
(2) After reimbursement to the Agency under item (1) of this subsection,
shall be credited to the General Fund.
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(E) THE AGENCY MAY NOT SEEK REIMBURSEMENT FOR RETIREMENT
CONTRIBUTIONS MADE AFTER JUNE 30, 2000, ON THE BASIS THAT THE SALARY OF AN
ELIGIBLE MEMBER OF THE TEACHERS' RETIREMENT SYSTEM OR TEACHERS' PENSION
SYSTEM IS PAID IN PART OR IN WHOLE FROM:
(1) STATE AID, WHETHER GENERAL OR CATEGORICAL IN NATURE; OR
(2) FEDERAL FUNDS, WHETHER PAID DIRECTLY TO A LOCAL SCHOOL
SYSTEM OR PASSED THROUGH A UNIT OF STATE GOVERNMENT.
(E) (I) (1) THERE IS A SPECIAL RETIREMENT CONTRIBUTION
REIMBURSEMENT FUND FOR SUPPLEMENTAL GRANTS TO COUNTY BOARDS
TRANSITIONAL EDUCATIONAL FUND.
(2) THE FUND CONSISTS OF $16,500,000 OF REIMBURSEMENTS FOR
FISCAL YEAR 2000 AND ALL REIMBURSEMENTS FOR FISCAL YEARS 2001 AND 2002
RECEIVED BY THE AGENCY STATE FROM COUNTY BOARDS THAT:
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- 2598 -
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