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PARRIS N. GLENDENING, Governor Ch. 492
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(b) The Agency may at any time examine the records of public libraries to
determine whether the State's payments for retirement contributions for employees of
the public libraries are in accordance with the provisions of Division II of the State
Personnel and Pensions Article.
(e) (1) (i) If an examination of the records of a public library shows that
the State has paid more than is required under Division II of the State Personnel and
Pensions Article, within 80 days after the date of the notice to the library of the State
overpayment; the public library may appeal the notice of State overpayment to the
Secretary of Budget and Management who shall appoint a hearing examiner.
(ii) The hearing examiner shall make recommendations to the
Secretary of Budge and Management who shall make a final determination
regarding the amount, if any, of the State overpayment.
(2) If a public library does not appeal to the Secretary of Budget and
Management or if the Secretary of Budget and Management determines that the
State is due reimbursement for excess payments as provided in paragraph (1) of this
subsection, 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 public
library.
(3) For purposes of the Administrative Procedure Act, an appeal taken
under this section is not a contested case.
(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.
(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 PUBLIC LIBRARY
OR PASSED THROUGH A UNIT OF STATE GOVERNMENT.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:
Article - Education
7-208.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
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