2019 Maryland Code
Environment
Title 1 - Definitions; General Provisions; Enforcement
Subtitle 4 - Organization and General Authority of Department
§ 1-404. Secretary's duties, powers, and functions; units to report to Secretary; interference with Secretary's or his agent's right to entry; penalty

Universal Citation: MD Env Code § 1-404 (2019)

    (a)    The Secretary is responsible for the budget of the office of the Secretary and for the budget of each unit in the Department.

    (b)    (1)    The Secretary may adopt rules and regulations to carry out the provisions of law that are within the jurisdiction of the Secretary.

        (2)    The Secretary shall review and may revise the rules and regulations of:

            (i)    Each unit in the Department that is authorized by law to adopt rules and regulations; and

            (ii)    The Department.

    (c)    The Secretary may create an advisory board for the Department. The Secretary shall determine the size of the advisory board. The members shall be representative of the different professional areas or fields of endeavor with which the Department is concerned.

    (d)    The Secretary may create any advisory council that the Secretary considers necessary and assign appropriate functions to it.

    (e)    (1)    The Secretary is responsible for the coordination and direction of all planning that the office of the Secretary initiates.

        (2)    The Secretary shall keep fully apprised of plans, proposals, and projects of each unit in the Department and, except as expressly provided otherwise, may approve, disapprove, or modify any of them.

    (f)    Each unit in the Department shall report to the Secretary as provided in the rules, regulations, or written directives that the Secretary adopts.

    (g)    Except as expressly provided otherwise, the Secretary may transfer, by rule, regulation, or written directive, any function, staff, or funds from any unit in the Department to the office of the Secretary or another unit in the Department. Any staff transferred to the office of the Secretary shall be provided space, equipment, and services by the unit from which it was transferred, unless the Secretary orders removal to another location for the proper and efficient functioning of that office.

    (h)    The Secretary may apply for, receive, and spend grants-in-aid by the federal government or any of its agencies or any other federal funds made available to the Department for use in carrying out the powers and duties of the Secretary or the Department.

    (i)    Except as otherwise provided by law, the Secretary shall pay all money collected by the Department under this article into the General Fund of this State.

    (j)    (1)    The Secretary or a designee of the Secretary may subpoena any person or evidence, administer oaths, and take depositions and other testimony.

        (2)    If a person fails to comply with a lawful order or subpoena issued under this subsection, on petition of the Secretary or designee, a court of competent jurisdiction may compel obedience to the order or subpoena or compel testimony or the production of evidence.

        (3)    A witness who is subpoenaed at the request of the Secretary or designee is entitled to receive the same fees and mileage provided for by law in civil cases. However, a witness who is subpoenaed at the request of any other party is not entitled to fees or mileage, unless the Secretary or designee certifies that the testimony was material to the matter investigated. The fee and mileage paid under this subsection shall be audited and paid by this State in the same way other expenses are audited and paid and shall be charged to the general appropriation for the Department.

    (k)    (1)    The Secretary or any agent or employee of the Secretary may enter, at any reasonable hour, a place of business or public premises if the entry is necessary to carry out a duty under this article.

        (2)    A person may not deny or interfere with an entry under this subsection.

        (3)    A person who violates any provision of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.

    (l)    The Secretary shall carry out and enforce the provisions of this article, the rules and regulations of the Department, and any other provisions of law that relate to the Secretary or the Department.

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