2013 Maryland Code
STATE GOVERNMENT
§ 8-408 - Report

§8-408.

(a) (1) Subject to § 2-1246 of this article, on or before October 31 of the year before the evaluation date of a governmental activity or unit, the Department of Legislative Services shall submit to the General Assembly an evaluation report on the governmental activity or unit.

(2) The Department of Legislative Services shall make copies of the report available.

(b) The report on a governmental activity or unit designated for evaluation under § 8-403 of this subtitle, to the extent appropriate to the evaluation of that governmental activity or unit and consistent with the plan for evaluation, shall:

(1) discuss the purpose for which the governmental activity or unit was established;

(2) discuss the manner in which the unit under evaluation or responsible for the governmental activity under evaluation operates to carry out this purpose;

(3) discuss changes in conditions that have occurred since the governmental activity or unit was established and that suggest a need for change in the governmental activity or unit;

(4) discuss whether the public health, safety, or welfare would be affected significantly if the governmental activity or unit did not exist;

(5) discuss whether the costs of any goods or services have changed because the governmental activity or unit was established;

(6) discuss whether the statute provides a clear regulatory mandate;

(7) discuss whether the unit under evaluation or responsible for the governmental activity under evaluation complies with this mandate;

(8) discuss whether that unit has clear objectives;

(9) discuss the extent to which that unit accomplishes these objectives;

(10) discuss whether other governmental activities of the State have similar objectives and, if so, compare the cost and effectiveness and identify duplication in these governmental activities;

(11) discuss whether federal or local governmental activities or programs or services in the private sector have similar objectives;

(12) state the source of funds of the governmental activity or unit;

(13) discuss whether the budget and staff resources and the enforcement authority of the unit under evaluation or responsible for the governmental activity under evaluation meet or exceed the resources and authority that are needed to carry out the statutory mandate of the unit;

(14) discuss, as to a governmental activity for licensing of a profession or occupation, whether the unit responsible for the governmental activity has:

(i) restricted access to the profession or occupation unduly;

(ii) processed applications for licenses efficiently and fairly; and

(iii) licensed only qualified applicants;

(15) discuss whether the unit under evaluation or responsible for a governmental activity under evaluation operates in an open and accountable manner, with:

(i) public access to its records and meetings; and

(ii) safeguards against conflicts of interest;

(16) discuss the extent to which that unit encourages participation of the public, as opposed to participation only of persons whom the unit regulates, and include a discussion of the role of the consumer representatives on the unit;

(17) discuss whether that unit processes efficiently and fairly formal public complaints that are submitted to it;

(18) discuss whether that unit gathers and keeps sufficient information about its activities and regulated persons and interests:

(i) to carry out the duties of the unit;

(ii) to inform the public; and

(iii) to enable evaluation of the success of the governmental activity or unit;

(19) discuss whether that unit gathers or keeps superfluous information;

(20) discuss alternative methods to carry out the governmental activity, including methods used successfully in other states;

(21) discuss suggestions for statutory changes; and

(22) include any other information that the plan for evaluation requires or the Department of Legislative Services considers appropriate.

(c) A report on a governmental activity or unit designated for evaluation under § 8-404 of this subtitle, to the extent appropriate to the evaluation of that governmental activity or unit and consistent with the plan for evaluation, shall:

(1) discuss the public purpose for which the governmental activity or unit was established and whether that purpose is still a public need;

(2) discuss whether the purpose of the governmental activity or unit has changed and, if so, the consistency of changes with legislative intent and public need;

(3) discuss whether the governmental activity or unit substantially duplicates other State, federal, or local governmental activities or programs or services in the private sector;

(4) discuss whether laws or policies, including budgetary or personnel policies, impede the effectiveness of the governmental activity or unit;

(5) discuss whether the unit under evaluation or responsible for the governmental activity under evaluation operates:

(i) efficiently and effectively;

(ii) in an open and accountable manner, with public access to records and meetings, safeguards against conflicts of interest, and opportunity for public participation;

(iii) in a fair and nondiscriminatory manner that complies fully with law and State policy; and

(iv) in a manner that imposes on the citizens and economy of the State the least burden necessary to carry out the purpose for which the governmental activity or unit was established;

(6) discuss whether changes in operation or law are desirable to improve efficiency and effectiveness; and

(7) include any other information that the plan for evaluation requires or the Department of Legislative Services considers appropriate.