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Ch. 516
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Martin O'Malley, Governor
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
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Article - State Government
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SUBTITLE 3A. APPOINTMENTS IN STATE GOVERNMENT.
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8-3A-01.
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(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.
(2) "APPOINTING AUTHORITY" MEANS AN INDIVIDUAL OR UNIT
WITHIN A PRINCIPAL DEPARTMENT OR AN INDIVIDUAL IN ANY OTHER UNIT IT
THE EXECUTIVE BRANCH OF STATE GOVERNMENT THAT HAS THE POWER TO
MAKE APPOINTMENTS AND TERMINATE EMPLOYMENT HAS THE MEANING
STATED IN§ 1-101(B) OF THE STATE PERSONNEL AND PENSIONS ARTICLE.
(3) "OFFICE" MEANS THE APPOINTMENTS OFFICE IN THE
OFFICE OF THE GOVERNOR OR ANY OTHER UNIT, OFFICER, OFFICIAL, OR
EMPLOYEE IN THE OFFICE OF THE GOVERNOR OR THE EXECUTIVE BRANCH
THAT PERFORMS THE FUNCTION OF RECOMMENDING TO THE GOVERNOR THE
APPOINTMENT OR NOMINATION OF AN INDIVIDUAL TO SERVE AS A MEMBER OF
A STATE OR LOCAL BOARD, COMMISSION, COUNCIL, COMMITTEE, AUTHORITY,
TASK FORCE, OR OTHER ENTITY THAT BY LAW REQUIRES THE MEMBERSHIP TO
BE APPOINTED IN WHOLE OR IN PART BY THE GOVERNOR, WHETHER OR NOT
THE APPOINTMENT OR NOMINATION IS WITH THE ADVICE AND CONSENT OF THE
SENATE OR HOUSE OF DELEGATES.
(B) THE OFFICE MAY NOT DIRECT OR OVERRULE AN APPOINTING
AUTHORITY, THE SECRETARY OF BUDGET AND MANAGEMENT, OR ANY UNIT OF
THE DEPARTMENT OF BUDGET AND MANAGEMENT, ON ANY DECISION TO
APPOINT, PROMOTE, TRANSFER, REASSIGN, DISCIPLINE, OR TERMINATE AN
EMPLOYEE UNDER THE JURISDICTION OF THE APPOINTING AUTHORITY.
(B) (1) THE OFFICE MAY NOT SUPERSEDE OR INTERFERE WITH ANY
FUNCTION ASSIGNED BY LAW TO:
(I) AN APPOINTING AUTHORITY IN EACH PRINCIPAL
DEPARTMENT OR IN ANY OTHER UNIT IN THE EXECUTIVE BRANCH OF STATE GOVERNMENT; OR
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- 3391 -
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