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§ 9.10-104. Duties of Inspector General

West's Annotated Code of MarylandEducationEffective: July 1, 2019

West's Annotated Code of Maryland
Education (Refs & Annos)
Division II. Elementary and Secondary Education [Titles 2-9.5] (Refs & Annos)
Title 9.10. Maryland Office of the Inspector General for Education (Refs & Annos)
Effective: July 1, 2019
MD Code, Education, § 9.10-104
§ 9.10-104. Duties of Inspector General
Currentness
<Section effective upon occurrence of the contingency specified in Acts 2019, c. 771, § 21.>
In general
(a)(1) Except as provided in paragraph (2) of this subsection, the Inspector General shall be responsible for examining and investigating the matters listed in subsection (b) of this section with respect to the management and affairs of the following entities:
(i) County boards, local school systems, and public schools;
(ii) Nonpublic schools that receive State funds;
(iii) The Department; and
(iv) The Interagency Commission on School Construction.
(2) The Inspector General may not examine or investigate a nonpublic school that does not receive State funds.
Receive and investigate complaints or information
(b) The Inspector General may receive and investigate complaints or information concerning:
(1) Instances of fraud, waste, or abuse involving the use of public funds and property;
(2) Violations of civil rights, as defined in federal or State laws, of students or employees of the entities listed in subsection (a) of this section;
(3) Whether policies and procedures governing the prevention and reporting of child abuse and neglect comply with applicable federal and State laws on child abuse and neglect; and
(4) Compliance with other applicable federal and State laws.
Confidentiality of source
(c)(1) The Inspector General may not disclose the identity of the source of a complaint or information provided under subsection (b) of this section unless the Inspector General:
(i) Obtains the written consent of the source; or
(ii) Determines that disclosure of the identity of the source is necessary and unavoidable during the course of the investigation.
(2) If the Inspector General determines that disclosure of the identity of a source is necessary and unavoidable, the Inspector General shall notify the source in writing at least 7 days before disclosure.
Access to records, data, reports, contracts, correspondence, or other documents of entity under investigation
(d)(1) Except as provided in paragraph (2) of this subsection, during an investigation conducted in accordance with this title, the Inspector General shall have access to all records, data, reports, contracts, correspondence, or other documents of an entity listed under subsection (a) of this section that is the subject of the investigation.
(2) The Inspector General may not access or compel the production of documents that are:
(i) Protected under the attorney-client privilege; or
(ii) Confidential or privileged under applicable provisions of federal or State law.
Sworn testimony; subpoenas; representation by attorney
(e)(1)(i) During an investigation conducted in accordance with this title, the Inspector General may:
1. Seek and obtain sworn testimony; and
2. Issue subpoenas as necessary to compel the production of documents and records or the attendance of witnesses.
(ii) A subpoena may be served in the same manner as one issued by a circuit court.
(2)(i) A person may have an attorney present during any contact with the Inspector General.
(ii) The Inspector General shall advise a person of the right to counsel when a subpoena is served.
(3)(i) 1. The Inspector General immediately may report the failure of a person to obey a lawfully served subpoena to the circuit court of the county that has jurisdiction.
2. The Inspector General shall provide a copy of the subpoena and proof of service to the circuit court.
(ii) After conducting a hearing at which the person who allegedly failed to comply with a subpoena has an opportunity to be heard and represented by counsel, the circuit court may grant appropriate relief.
Prohibition against retaliatory actions
(f) A State or local agency, county board, nonpublic school, or public official may not take adverse, retaliatory action against an individual because the individual cooperated with or provided information to the Inspector General.
Confidentiality of records and information obtained during investigation
(g) Records or information provided to, prepared for, or obtained by the Inspector General in connection with an investigation are confidential and not subject to disclosure under the Public Information Act.
Criminal violation of federal or State law
(h) If the Inspector General finds or has reasonable grounds to believe that there has been a criminal violation of federal or State law, the Inspector General shall notify and refer the matter to the appropriate federal, State, or local law enforcement authority, local State's Attorney's office, Office of the Attorney General, Office of the State Prosecutor, or federal agency.
Issue of concern not a violation of law
(i) If the Inspector General identifies an issue of concern that would not constitute a criminal violation of State law, the Inspector General may report the issue of concern to the State Superintendent, the State Board, the Interagency Commission on School Construction, the Governor, and, in accordance with § 2-1257 of the State Government Article, the General Assembly.
Staff
(j) The Inspector General may appoint and employ professional and clerical staff, including attorneys, accountants, auditors, analysts, and investigators, as appropriated in the annual State budget, to conduct the work of the Office.

Credits

Added by Acts 2019, c. 771, § 2. Amended by Acts 2019, c. 8, § 5.
MD Code, Education, § 9.10-104, MD EDUC § 9.10-104
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.
End of Document