State Government (GSG) — Title 8. Organization of Executive Branch

Aging;

Agriculture;

Budget and Management;

Commerce;

Disabilities;

Emergency Management;

the Environment;

General Services;

Health;

Housing and Community Development;

Human Services;

Information Technology;

Juvenile Services;

Labor;

Natural Resources;

Planning;

Public Safety and Correctional Services;

Service and Civic Innovation;

Social and Economic Mobility;

State Police;

Transportation; and

Veterans and Military Families.

Unless placed by law or expressly exempted from placement by law, the officers and units in the Executive Branch of the State government that are not principal departments may be placed by the Governor in any principal department.

Unless expressly exempted from placement by law, an interstate, regional, or other intergovernmental unit in which the State participates shall be placed in the appropriate principal department.

the powers and duties that are assigned by law to the unit are not changed;

a State officer or State employee who is not in the State Personnel Management System and is transferred with the unit remains exempt from the provisions of the State Personnel and Pensions Article unless the officer or the employee is placed in the State Personnel Management System in accordance with those provisions; and

the head of a unit who is in the State Personnel Management System or holds the position other than at the pleasure of the Governor does not cease to be in the State Personnel Management System or to hold the position other than at the pleasure of the Governor.

receive the salary and have the assistants, employees, and professional consultants provided in the budget, unless otherwise provided by law;

be responsible for establishing policy to be followed by the units of State government within the secretary’s department;

be responsible for the efficient and orderly administration of the department;

be responsible for the comprehensive planning of programs and services within the secretary’s jurisdiction and for reviewing and approving the plans of all units of State government within the secretary’s jurisdiction;

notwithstanding any other provision of law, and except as provided in § 1–203(c) of the Health Occupations Article, be responsible for the supervision of the units of State government within the secretary’s jurisdiction that are composed in whole or in part of individuals participating in the occupation or profession regulated by the units;

be responsible for the budget of the secretary’s office and for the budgets of other units of State government within the secretary’s jurisdiction;

be responsible for the organization of the secretary’s office and for recommending to the Governor changes in the organization and placement of units of State government within the secretary’s jurisdiction; and

recommend to the Governor any modification, abolition, and transfer of advisory bodies within the secretary’s jurisdiction.

appoint officers and employees in the secretary’s office as provided in the budget and review the personnel action taken by any unit of State government within the secretary’s jurisdiction; and

create the citizen advisory bodies that may be necessary for the operation of the secretary’s department.

prevent unreasonable anticompetitive actions by the unit; and

determine whether the decisions and actions of the unit further a clearly articulated State policy to displace competition in the regulated market.

review the merits of the proposed decision or action;

assess whether the proposed decision or action furthers a clearly articulated State policy to displace competition in the regulated market; and

issue expeditiously a written decision approving, disapproving, or modifying the proposed decision or action or remanding the proposed decision or action back to the unit for further review before:

In addition to any reorganization under Article II, § 24 of the Maryland Constitution, the Governor may order any other reorganization of the Executive Branch that is considered by the Governor to be necessary and desirable and that is not inconsistent with law.

A reorganization under this subsection may include:

A reorganization under this subsection may be effected through the issuance of an executive order or the approval of a recommendation that the secretary of a principal department submits. An approval shall be treated as an executive order. However, notwithstanding any other provision of law, the recommendation is not effective unless approved or issued as an executive order.

Notwithstanding any other law that relates to organization of the Executive Branch of the State government, if a program involves more than 1 principal department and cannot be carried out efficiently through cooperation of the departments, the Governor may establish a task force to integrate the services of the departments so as to carry out the program.

A task force established under this subsection may exist for not more than 1 year unless the Governor expressly extends the existence of the task force.

shows the major subunits in the unit; and

lists the name and title of each individual who heads a subunit; and

In this section the following words have the meanings indicated.

“Close a State facility” means to cease, discontinue, or substantially eliminate activities carried out within the State facility.

“Exclusive representative” has the meaning stated in § 3–101 of the State Personnel and Pensions Article.

“State facility” means:

A principal department of the Executive Branch of the State government may not change the use, purpose, or function of a State facility without complying with the requirements of subsection (c) of this section.

A principal department of the Executive Branch of the State government may not close a State facility without complying with the requirements of subsection (d) of this section.

Subject to paragraph (3) of this subsection, before a principal department changes the use, purpose, or function of a State facility, the principal department shall:

The principal department shall, at least 30 days before the public hearing, give notice of the hearing:

If a government agency or judicial body determines that there is an emergency situation that poses a risk to the health or safety of patients, incarcerated individuals, residents, or employees of a State facility, the principal department may modify the timelines required by this subsection, provided that any modifications made by the principal department shall provide the notice, hearing, and opportunity for comment required by this subsection at the earliest possible date, unless ordered otherwise by the government agency or judicial body.

Subject to paragraph (3) of this subsection, before a principal department closes a State facility, the principal department shall:

The report required under paragraph (1)(iii) of this subsection shall address:

If a government agency or judicial body determines that there is an emergency situation that poses a risk to the health or safety of patients, incarcerated individuals, residents, or employees of a State facility, the principal department may modify the timelines required by this subsection, provided that any modifications made by the principal department shall provide the notice, hearing, and opportunity for comment required by this subsection at the earliest possible date, unless ordered otherwise by the government agency or judicial body.

Before a principal department leases or purchases land, buildings, or office space to be used for the purpose of providing health, juvenile, or correctional services to clients or incarcerated individuals, the principal department shall give written notice of the proposed use of the land, buildings, or office space to each member of the General Assembly in whose legislative district the property is located.

If, after a principal department ceases its use of a State facility, the principal department or any other principal department plans to recommence operation of the facility as a State facility, and the proposed operation of the facility would change its use, purpose, or function, the principal department shall hold a public hearing on the proposed operation.

The principal department shall give notice of the hearing to the public as provided in subsection (c)(2)(i) of this section.

In this section the following words have the meanings indicated.

“Appointing authority” has the meaning stated in § 1–101(b) of the State Personnel and Pensions Article.

“Office” means the Appointments Office in the Office of the Governor 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.

the Secretary of Budget and Management shall compile a list of the position, pay grade, and title of each employee in the State Personnel Management System who is employed with regard to political affiliation, belief, or opinion under § 4–201(c)(2)(ii) of the State Personnel and Pensions Article; and

the Secretary of Transportation shall compile a list of the position, pay grade, and title of each employee in the Maryland Department of Transportation’s Human Resource System who is employed with regard to political affiliation, belief, or opinion under § 2–103.4(b)(2)(ii) of the Transportation Article.

whether the governmental activity or unit should be reestablished or terminated; and

what, if any, statutory or nonstatutory changes should be recommended to the General Assembly to improve the operations of the governmental activity or unit.

a framework that allows for periodic, legislative review of the regulatory, licensing, and other governmental activities of the Executive Branch of the State government is essential for the maintenance of a government in which the citizens have confidence and of a healthy State economy; and

this legislative review is consistent with other activities and goals of the General Assembly.

establish a system of legislative review that will:

ensure that the legislative review takes place by establishing, by statute, a process for the review and other legislative action.

shall be consistent with the work plan developed under subsection (b) of this section; and

may address the governmental activity’s or unit’s:

The report shall recommend whether a governmental activity or unit that has undergone an evaluation should be reestablished, with or without changes, or allowed to terminate.

The report shall be accompanied by each bill that is needed to accomplish the recommendations in the report.

promptly provide any information that the Department or a committee of the General Assembly requests; and

otherwise cooperate with the Department to carry out the requirements of this subtitle.

the unit that is terminated or is responsible for the governmental activity that is terminated; or

any person against that unit.

the name of the individual considered to have resigned; and

a statement describing the individual’s history of attendance during the period.

A member of a State board or commission shall be suspended without pay from participation in the activities of the board or commission if the member is convicted of or enters a plea of nolo contendere to any crime that:

The suspension shall continue during any period of appeal of the conviction.

If the conviction becomes final, the member shall be removed from the office and the office shall be deemed vacant.

the member shall be reinstated to the office for the remainder, if any, of the term of office during which the member was so suspended or removed; and

all pay and benefits shall be restored from the date of the suspension or removal.

In this section the following words have the meanings indicated.

“Department” means a principal department of the Executive Branch of State government.

“Independent unit” means a unit in the Executive Branch of State government that is not in a department.

“Mask” means to redact from public view those portions of a public record that contain personal information, without permanently altering the original public record.

“Official custodian” means an officer or employee of the State who, whether or not the officer or employee has physical custody and control of a public record, is responsible for keeping the public record.

“Person in interest” means:

“Personal information” means an individual’s:

“Publicly post or display” means to intentionally make available to the public.

A person in interest may request an official custodian to mask personal information in the Internet version of a public record.

A request made in accordance with this subsection shall:

Within 30 days after receiving a request under this section, an official custodian shall:

This subsection does not apply to a public record after 72 years from the date it was made or received by a unit or instrumentality of the State government.

In this section the following words have the meanings indicated.

“Department” means a principal department established under § 8–201 of this title.

“Independent unit” means a unit in the Executive Branch of State government that is not a department.

create a catalog of each type of permit, license, or certificate that it issues; and

submit the catalog required under item (1) of this subsection to the Governor.

a description of each permit, license, or certificate;

the term for which each issued permit, license, or certificate is valid;

the statutory and regulatory authority that:

the method and process used by the department or independent unit to accept applications for each permit, license, or certificate, including a list of:

an estimate of the length of time to:

the application fee charged for each permit, license, or certificate and how the revenue collected from application fees is allocated;

any statutory or regulatory authority that may impact an applicant’s ability to receive a permit, license, or certificate based on the criminal history of the applicant;

an analysis and any recommendations by the department or independent unit on the appropriate length of time to promptly process completed applications for each permit, license, or certificate and factors impeding the timely processing of each permit, license, or certificate; and

statutory or regulatory changes and resources that could expedite the processing timeline.

any updates to the application process in the preceding 12–month period; and

the time to process each application type.