(a) In addition to any other powers granted and duties imposed by this title,
and subject to the provisions of Title 11 of this article and any other restriction
imposed by law by specific reference to the University System of Maryland, or by any
trust agreement involving a pledge of property or money, the Board of Regents has
the powers and duties set forth in this section.
(b) In addition to the powers set forth elsewhere in this title, the University
may:
(1) Exercise all the corporate powers granted Maryland corporations
under the Maryland General Corporation Law;
(2) Adopt and alter an official seal;
(3) Sue and be sued, complain, and defend in all courts;
(4) Maintain offices at the places the Board of Regents may
designate;
(5) Enter into contracts of any kind, and execute all instruments
necessary or convenient with respect to its carrying out the powers in this subtitle to
accomplish the purposes of the University;
(6) Subject to the provisions of subsections (g) and (h) of this section,
acquire, hold, lease, use, encumber, transfer, exchange, or dispose of real and
personal property;
(7) Borrow money from any source to acquire personal property as
provided in § 12-105(c) of this subtitle; and
(8) In addition to the powers set forth in Title 19 of this article and
subject to the approval of the Board of Public Works, borrow money from any source
for any corporate purpose, including working capital for its operations, reserve funds
or interest, and mortgage, pledge, or otherwise encumber the property or funds of the
University, and contract with or engage the services of any person in connection with
any financing, including financial institutions, issuers of credit, or insurers.
(b-1) The University System of Maryland shall establish its corporate
headquarters in Baltimore City at a place designated by the Board.
(c) The Board of Regents:
(1) Is responsible for the management of the University System of
Maryland and has all the powers, rights, and privileges that go with that
responsibility, including the power to conduct or maintain any institutions, schools,
or departments in the University at the locations the Board determines;
(2) Shall consult with the presidents in developing policies,
guidelines, and plans for the University System of Maryland; and
(3) May not be superseded in its authority by any other State agency
or office in managing the affairs of the University System of Maryland or of any
constituent institutions and centers under the Board's jurisdiction.
(d) In addition to the powers conferred on it by this title, the Board has all
the powers conferred on it by:
(1) The act of incorporation of the Maryland College of Agriculture;
(2) The Charter of the University of Maryland; and
(3) The charter of any constituent institution.
(e) (1) The Board may:
(i) Apply for, accept, and spend any gift or grant from the
federal government, any foundation, or any other person; and
(ii) Maintain and manage gift and endowment funds.
(2) (i) Subject to subparagraphs (ii), (iii), (iv), and (v) of this
paragraph, the Board may maintain and manage quasi-endowment funds.
(ii) The Board may only make a one-time transfer of no more
than $50,000,000 from the non-State supported fund balance held and invested by
the State Treasurer to the quasi-endowment fund.
(iii) 1. Subject to the limitation under subsubparagraph 2
of this subparagraph, the Board may make only a one-time transfer of no more than
$50,000,000 from the State-supported fund balance held and invested by the State
Treasurer to the quasi-endowment fund.
2. The Board may use the investment proceeds for
facility renewal projects relating only to capital facilities used for State-supported
activities.
(iv) 1. Subject to the limitation under subsubparagraph 2
of this subparagraph, the Board may make only a one-time transfer of no more than
$25,000,000 from the non-State supported fund balance held and invested by the
State Treasurer to the quasi-endowment fund.
2. The Board may use the investment proceeds only to
match a privately funded scholarship program at the University of Maryland, College
Park Campus.
(v) 1. Subject to the limitation under subsubparagraph 2
of this subparagraph, the Board may make transfers of no more than $150,000,000
from fund balances held and invested by the State Treasurer to establish a quasi-
endowment fund.
2. The Board may use the investment income produced
by the quasi-endowment fund in accordance with the University System of Maryland
Policy on Endowment Fund Spending Rule to provide funding for need-based student
financial aid.
(3) On or before November 1 each year, the Board shall submit to the
Governor, the Comptroller, the State Treasurer, and, in accordance with § 2-1257 of
the State Government Article, the General Assembly, an annual investment
performance report comparing the various components of the University's gift,
endowment, and quasi-endowment investment portfolio to appropriate benchmarks.
(f) (1) The Board may establish new institutions, regional higher
education centers, and branches subject to:
(i) The concurrence of the Maryland Higher Education
Commission; and
(ii) The approval of the Governor and the General Assembly.
(2) Without the approval of the Governor and the General Assembly,
the Board may not change the name of any constituent institution.
(3) Subject to the approval of the Governor and the General
Assembly, the Board may merge, consolidate, or close any constituent institution.
(4) In its discretion, the Board may establish, merge, consolidate, or
close any center or institute.
(g) (1) With the approval of the Board of Public Works, the Board of
Regents may sell or exchange any part of its real properties.
(2) (i) Except as provided in subparagraph (ii) of this paragraph,
money received from the sale of property may be used, if approved by the Board of
Public Works, only to purchase or improve property and facilities. This money may
not be applied to the Annuity Bond Fund Account.
(ii) In addition to the uses described under subparagraph (i) of
this paragraph, with the approval of the Board of Regents, money received from the
sale of property by a nonresidential campus in the University System of Maryland
may be used for operating expenses at the nonresidential campus.
(h) With the approval of the Board of Public Works, the Board of Regents
may acquire by purchase or exchange, any real property or interests in real property.
(i) (1) Title 12, Subtitle 1 of the State Government Article ("Maryland
Tort Claims Act") applies to claims or actions against the University System of
Maryland and its employees.
(2) Subject to all exclusions and limitations in that subtitle, the
immunity of the University System of Maryland is waived to the extent of any
applicable liability insurance purchased by the University or the State Treasurer.
(3) Nothing in this subsection shall be construed to waive or abrogate
sovereign immunity with respect to any claim that is not covered by or exceeds the
limits of an insurance policy.
(4) Nothing in this subsection shall be construed to waive or abrogate
the immunity of the University System of Maryland under the Eleventh Amendment
to the United States Constitution.
(j) (1) Subject to Title 3 of the General Provisions Article, the Board may
make rules and regulations, and prescribe policies and procedures, for the
management, maintenance, operation, and control of the University System of
Maryland.
(2) Except with respect to grievance appeals under Title 13, Subtitle
2 of this article, Title 10, Subtitles 1 and 2 of the State Government Article
("Administrative Procedure Act") are not applicable to the University.
(k) (1) Except as provided in subsections (f) and (g) of this section, the
Board:
(i) May delegate any part of its authority over the affairs of
the University to the Chancellor or the presidents, or to any advisory bodies that the
Board establishes under § 12-201 of this title; and
(ii) Consistent with the goals, objectives, and priorities of the
Board of Regents and its legal responsibility for the efficient management of the
University, shall delegate to the president of each constituent institution authority
needed to manage that institution, including authority to make and implement
policies promoting the mission of that institution, including the authority to establish
policies appropriate to the institution's mission, size, location, and financial
resources.
(2) Any delegation of authority may be modified or rescinded by the
Board of Regents at any time in whole or in part.
(3) The Board of Regents shall develop policies and guidelines that:
(i) Provide direction to the presidents of the constituent
institutions on compliance with applicable law and policy;
(ii) Establish and monitor high standards of operation,
including meeting appropriate quality benchmarks, using resources wisely and
efficiently, managing personnel equitably, adhering to institutional mission, and
meeting the educational needs of the students; and
(iii) Hold each president accountable for meeting the objectives
in the institution's performance accountability plan developed in accordance with
Title 11, Subtitle 3 of this article.
(l) By September 1 of each year, the Board shall submit an annual position
accountability report to the Department of Budget and Management, Department of
Legislative Services, the Maryland Higher Education Commission, and, in
accordance with § 2-1257 of the State Government Article, the General Assembly,
reporting the total positions created and the cost and the funding source for any
positions created by the University in the previous fiscal year.
(m) The Board of Regents shall distribute appropriated strategic incentive
funds to constituent institutions to encourage attainment of their approved mission.
(n) (1) The Board of Regents and the Chancellor are encouraged to meet
periodically with the boards of visitors of the constituent institutions to develop close
working relationships.
(2) To the extent possible and appropriate, the Board of Regents
should include members of boards of visitors actively in all searches for campus
presidents and invite members of boards of visitors to participate in meetings of the
Board of Regents and its committees.
(o) Subject to Title 11, Subtitle 2 of this article, the Board of Regents may
authorize the University of Maryland Center for Environmental Science to:
(1) Award graduate degrees in marine and environmental sciences
jointly with another public senior higher education institution; and
(2) Award post baccalaureate certificates.
(p) The Board of Regents shall review the annual financial disclosure
statements filed by the Chancellor and the presidents of each constituent institution
in accordance with § 5-607 of the General Provisions Article.
(q) The Board of Regents shall provide each member appointed to the
Board, at the time of appointment, and at reasonable intervals, with education and
training on the Board's governance policies, fiduciary responsibilities, legal
obligations, oversight of personnel policies, oversight of constituent institutions, and
other responsibilities.‹ Prev All Maryland sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.