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§ 2-102. Officials of Department

West's Annotated Code of MarylandAgricultureEffective: October 1, 2014

West's Annotated Code of Maryland
Agriculture
Title 2. Department of Agriculture (Refs & Annos)
Subtitle 1. Organization, Powers and Authority of Department-in General
Effective: October 1, 2014
MD Code, Agriculture, § 2-102
§ 2-102. Officials of Department
Secretary of Agriculture
(a) The head of the Department is the Secretary of Agriculture, who shall be appointed by the Governor, with the advice and consent of the Senate.
Salary of Secretary
(b) The Secretary shall receive the salary provided in the State budget. He 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 of Agriculture and is responsible for carrying out the Governor's policies with respect to these matters. The Secretary shall be responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department.
Deputy secretary
(c) The Secretary, with the approval of the Governor, shall appoint a deputy secretary who has the duties provided by law or delegated by the Secretary. The deputy secretary serves at the pleasure of the Secretary and shall receive the salary provided in the State budget.
Assistants, professional consultants, and employees
(d)(1)(i) The Secretary also shall have within the Department assistants, professional consultants, and employees as provided in the State budget.
(ii) Assistants in charge of areas of responsibility and professional consultants shall be in the executive service, management service, or special appointments in the State Personnel Management System and shall serve at the pleasure of the Secretary.
(iii) Wherever it is provided by law that the Secretary makes an appointment to a particular office within the Department with the approval of the Governor, the Secretary may not remove the appointee without first obtaining the Governor's approval.
(2) Except as otherwise provided by law, the Secretary shall appoint and remove all other personnel in accordance with the provisions of the State Personnel and Pensions Article.
(3) The Secretary may delegate the authority to appoint and remove personnel of any unit to the administrator of the unit.
Individuals owning or operating a farm subject to Department authority
(e)(1) Notwithstanding the provisions of §§ 5-502 through 5-504 of the General Provisions Article, an individual who owns or operates a farm that is subject to the regulatory authority of the Department may be employed within the Department, if the individual, with respect to the farm activities of the individual's farm, does not exercise any regulatory or supervisory authority in the individual's capacity as an employee of the Department.
(2) The Department, in consultation with the State Ethics Commission, shall adopt regulations to govern conflicts of interest with respect to employment of individuals who own or operate a farm under this subsection.

Credits

Acts 1973, 1st Sp. Sess., c. 6, § 1; Acts 1993, c. 22, § 1; Acts 1995, c. 3, § 1, eff. March 7, 1995; Acts 1997, c. 743, § 1, eff. Oct. 1, 1997. Amended by Acts 2005, c. 405, § 1, eff. June 1, 2005; Acts 2007, c. 414, § 1, eff. Oct. 1, 2007; Acts 2014, c. 104, § 2, eff. Oct. 1, 2014.
Formerly Art. 41, §§ 232, 430, 435.
MD Code, Agriculture, § 2-102, MD AGRIC § 2-102
Current through all legislation from the 2020 Regular Session of the General Assembly.
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