The Executive Branch of the State government shall have not more than 22 principal departments, each of which shall embrace a broad, functional area of that Branch. The principal departments of the Executive Branch of the State government are: 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. Notwithstanding the placement of a unit in a 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.

The head of each principal department is a secretary, who shall be appointed by the Governor with the advice and consent of the Senate. The Governor shall select, on the bases of professional and administrative knowledge and experience, a secretary who has the qualifications required by law. Unless otherwise provided by law, the secretary of a principal department or, with the approval of the Governor, a designee of the secretary shall represent the State and coordinate its participation in an interstate, regional, or other intergovernmental unit that is in the department.

Under the direction of the Governor, the secretaries of the principal departments are responsible for the prevention and elimination of duplication and overlapping of activities in and among their departments, by coordinating those activities.

The secretary of each principal department serves at the pleasure of the Governor unless otherwise provided by law. A secretary shall: 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. A secretary may: 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.

Except as provided in § 1–203(c) of the Health Occupations Article, the secretary of each principal department shall supervise each unit of State government within the secretary’s jurisdiction that is composed in whole or in part of individuals participating in the occupation or profession regulated by the unit in order to: 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. If the secretary or the secretary’s designee finds that a proposed decision or action of the unit may result in an unreasonable anticompetitive decision or may not further a clearly articulated State policy to displace competition in the regulated marketplace, the secretary or the secretary’s designee shall: 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: a final decision is issued; or the proposed action is implemented. The secretary or the secretary’s designee may not approve a decision or an action of a unit that does not further a clearly articulated State policy to displace competition in the regulated market. A decision or an action of a unit may not constitute a final decision or action of the unit until after the secretary or the secretary’s designee has conducted the review required under subsection (b) of this section. A final decision or action of a unit shall comply with the written decision of the secretary or the secretary’s designee issued in accordance with subsection (b) of this section. Neither the secretary nor the secretary’s designee may be an individual who is appointed by, under the oversight of, or a member of a board or commission whose decision or action is the subject of review under subsection (b) of this section. A regulation adopted to carry out this section shall be drafted in consultation with stakeholders and other interested parties.

The secretary of each principal department has authority and responsibility to adopt regulations for all units within the secretary’s jurisdiction, except as otherwise provided by law.