(a) The head of the Department is the Secretary of Transportation, who shall be appointed by the Governor with the advice and consent of the Senate.
Powers and duties, employees
(b)(1) The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor. The Secretary shall counsel and advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor's policies on these matters.
(2)(i) The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department. He may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill effectively the duties assigned to him. He may designate staff assistants to be in charge of the areas of responsibility he establishes.
(ii) The Secretary may establish for employees of the Department a human resources management system under § 2-103.4 of this subtitle that is not subject to or controlled by the provisions of State law relating to other State employees.
(3) The Secretary is entitled to the salary provided in the State budget.
Deputy secretary
(c)(1) With the approval of the Governor, the Secretary shall appoint a deputy secretary who has the duties provided by law or delegated by the Secretary.
(2) The deputy secretary is the acting secretary during periods when the Secretary is absent or disabled.
(3) The deputy secretary serves at the pleasure of the Secretary and is entitled to the salary provided in the State budget.
(4) The deputy secretary shall serve as acting chairman of the Maryland Transportation Authority, acting chairman of the Maryland Aviation Commission, and acting chairman of the Maryland Port Commission during periods when the Secretary is absent or disabled.
(5) In accordance with 49 U.S.C. 5329, the deputy secretary or the deputy secretary's designee shall have safety, regulatory, and enforcement authority over the Maryland Transit Administration's light rail transit system and Metro subway.
Staff assistants, professional consultants, and employees
(d)(1) The Secretary may have in the Department the staff assistants, professional consultants, and employees provided in the State budget.
(2) Each staff assistant in charge of an area of responsibility and each professional consultant shall be appointed by and serves at the pleasure of the Secretary.
(3) Except as otherwise provided by law, the Secretary shall appoint and remove all other personnel in accordance with:
(i) The provisions of the State Personnel and Pensions Article; or
(ii) A human resources management system established by the Secretary under § 2-103.4 of this subtitle.
(4) The Secretary may delegate the authority to appoint and remove personnel of any unit to the head of that unit.
Governor approval for removing appointees
(e) Wherever the Secretary is authorized by law to make an appointment to a particular position in the Department with the approval of the Governor, the Secretary may not remove the appointee without first obtaining the Governor's approval.
Credits
Added by Acts 1977, c. 13, § 2, eff. July 1, 1977. Amended by Acts 1988, c. 541, § 1; Acts 1992, c. 168; Acts 1993, c. 22, § 1; Acts 1994, c. 3, § 1, eff. Feb. 28, 1994; Acts 1994, c. 457, § 1, eff. Oct. 1, 1994; Acts 1995, c. 3, § 1, eff. March 7, 1995; Acts 1997, c. 743, § 1, eff. Oct. 1, 1997; Acts 2017, c. 112, § 1, eff. June 1, 2017.
Formerly Art. 41, §§ 207, 208.
MD Code, Transportation, § 2-102, MD TRANS § 2-102
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
